TO: CHARMED FAMILY RESORT (the “Resort”) and any parent companies, subsidiary companies, directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, hosts, volunteers, successors and assigns (all of whom are hereinafter referred to as the “Releasees”).
ASSUMPTION OF RISKS I am aware that, due to the wilderness setting of the Resort, I (and anyone staying at the Resort with me) may be exposed to many risks, dangers and hazards including, but not limited to: wood-burning stoves, fireplaces, and hot-tubs; play structures, slides, climbing walls, swings, rope bridges, trams, zip-lines, motorized or non-motorized buggies/carts, sliding polls, balance beams, and monkey bars; elevated bunk beds, ladders, steps, and balconies; walking, riding, and disembarking horses; changing weather conditions; avalanches; exposed rock, earth, ice, and other natural objects; trees, tree wells, tree stumps and forest deadfall; wild animals; hazardous vegetation; the condition of snow or ice on or beneath the surface; changes or variations in the terrain; streams, creeks, and rivers; cliffs; crevasses; road-banks or cut-banks; collision with trees, fences, or vehicles, equipment or structures; collision with other persons; loss of balance or control; failure to act safely or within one’s own ability or to stay within designated areas; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers and hazards referred to above may exist throughout the Resort property and that many hazards are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of the Releasees accepting my reservation and permitting my use of the Resort, I hereby agree as follows:
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY CONTINUING TO MAKE A RESERVATION AT THE RESORT AND STAYING AT THE RESORT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.