WAIVER AND RELEASE FROM LIABILITY. GUEST HEREBY WAIVES AND RELEASES, indemnifies, holds harmless and forever discharges the HOTEL, its OWNER, MANAGER and their respective owners, agents, staff, employees, officers, directors, affiliates, successors and assigns, of and from any claims of OWNER, MANAGER or employee negligence and any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that GUEST ever had, may have or has, arising from or in any way related to participation in any of the events or activities arising out of GUEST’S stay at the HOTEL or any activities conducted by, on the Premises of, of for the benefit of the HOTEL, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
GUEST understands that their stay may expose them to dangerous conditions, including, but not limited to insects and spiders, ditches, erosions of the land whether man-made or natural, sharp rocks, animals, both wild and domestic, and GUEST acknowledges that even domesticated animals may have dangerous propensities and can create hazardous conditions, including horses, cattle, dogs, goats, etc. On behalf of themselves, heirs, assigns and next of kin, GUEST waives all claims for damages, injuries to property or to person, including death, suffered by GUEST or GUEST’S property that GUEST may have against the aforestated released parties for such activity or conditions.
By this Waiver, GUEST assumes any risk, and takes full responsibility, waiving any claims for personal injury, death or damage to personal property that GUEST may have against the aforestated released parties, including, but not limited to manmade hazards associated with the Premises such as slippery shower basins, swimming pool facilities, high decks and verandas, stairs, low railings, beaches and natural hazards such as holes, ditches, culverts, fallen trees, branches, fence posts, mud or other irregularities and using the terrain or surrounding land for any use including walking, jogging, picnicking, hiking, mountain cycling or other related activities on and off the Premises, whether or not attributable to GUEST’S own neglect or fault, including use of all motorized vehicles whether deemed safe or otherwise. GUEST further understands that the HOTEL make no claims or representations about fitness for use of the property and the surrounding land for any particular purpose, other than stated, and makes no warranties, either expressed or implied, as to the safety of the Premises, and that GUEST is using said property at GUEST’S own risk.
This WAIVER AND RELEASE contains the entire liability agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provisions of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of the HOTEL, whether by agreement, by operation of law or otherwise.
GUEST has read, understands and fully agrees to the terms of this WAIVER AND RELEASE. GUEST understands and confirms that by signing this WAIVER AND RELEASE GUEST has given up considerable future legal rights. GUEST has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to GUEST. GUEST’S signature is proof of GUEST’S intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. GUEST is eighteen (18) years of age or older, not under guardianship or conservatorship, and is mentally competent to enter into this waiver. This Agreement and its terms and provisions will include everyone in GUEST’S group, family or party including, but not limited to any minors who accompany GUEST or who are under GUEST’S care. GUEST further agrees that GUEST shall assume responsibility for watching and caring for the minor’s safety and guarding against all hazards, whether explicitly mentioned in this WAIVER AND RELEASE or otherwise.