RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR DANIEL BOONE CAMPGROUND
In consideration of participating in campground activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Daniel Boone Coffee Shop Campground or Scenic Cabin Rentals, LLC and its owners, managers, officers, employees, agents, volunteers and all other persons or entities acting for them (hereafter collectively referred to as "Releases"), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
1. I acknowledge that participating in campground activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death and property damage. Risks include, but are not limited to, broken bones, torn ligaments or other injuries as a result from falls; burns from campfires, drowning in river/creek behind campground, falls from uneven surfaces or play equipment; medical conditions resulting from physical activity; and damaged clothing or property.
2. I acknowledge that campground is in a flood plain and that I take all responsibility for monitoring creek levels during extreme periods of heavy rain. I understand that I have been warned to listen to Weather Radio for weather conditions in Powell County, Kentucky 40376 and have been advised to depart if Flash Flood Warnings given for Powell or Wolfe County, KY. I release and hold harmless and discharge from liability all owners, employees, officers of Daniel Boone Campground in the case of flooding in the campground. I understand I am "on my own" to pack up all family members, belongings, personal property and to depart the area if I feel threatened by rising waters.
3. I expressly accept and assume all of the risks inherent in any campground activity or that might have been caused by the negligence of the Releases. My participation in this activity is purely voluntary and I elect to participate despite the negligence of the Release. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that campground conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation an and depart the campground.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in activities at the campground or I agree to bear the cost of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
5. In the event I file a lawsuit, I agree to do so solely in the state where Releases' facility is located, and I further agree that the substantive law of the state shall apply.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I agree that if I, my children, pets, or my property is damaged during participation at his campground, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and should I choose to do so, consult with legal counsel prior to signing. I understand that if I chose not to sign that Daniel Boone Campground has the right to not allow me to access to the campground and that I will to attempt to go onto campground property. I have read and understood this document and I agree to be bound by its terms.
By typing my name, I am electronically signing the Daniel Boone Campground RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT. Please type full name below: