ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
- Wahwahtaysee Resort (referred to herein as “Wahwahtaysee”) strives to do everything possible to ensure the safety of its guests. In consideration for Wahwahtaysee’s services, I, on behalf of myself, and my minor child (if applicable), and my heirs and/or representatives, voluntarily enter into this Assumption of Risk, Waiver of Liability and Indemnity Agreement (“Agreement”). I hereby covenant not to sue and voluntarily agree to waive, release, indemnify, and hold harmless Wahwahtaysee and its officers, directors, agents, employees, volunteers, contractors, representatives, and property partners (collectively, “Releasees”) from any and all liability, causes of action, or claims for any injuries (including serious injuries and death) or damages as a result of my participation in any Wahwahtaysee Activity (which specifically includes activities put on by Wahwahtaysee and/or any activity that is run through a third party, including Wahwahtaysee’s property partners), whether caused by the ordinary negligence of Wahwahtaysee or the Releasees. I understand that this Agreement does not waive any claims resulting from gross negligence, willful, reckless or wanton misconduct by Wahwahtaysee. I also understand that Wahwahtaysee is not responsible for the acts of third parties under this Agreement. ____ (initial)
- I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including serious injuries or death, that may be sustained by me (or my minor child), as a result of my (or my minor child’s) participation in any Wahwahtaysee Activity, whether caused by negligence of Wahwahtaysee or otherwise. I have voluntarily elected to enter Wahwahtaysee’s premises and engage in Wahwahtaysee’s activities, knowing that conditions may be hazardous, or may become hazardous to me and/or my property, and that access to medical personnel and/or facilities may be limited. Certain inherent risks involved in outdoor activities offered by Wahwahtaysee, include but are not limited to: (i) inclement weather-related hazards, including extreme temperatures, wind, fire, ice, tornadoes; rugged terrain or bodies of water; wild animals and livestock; insects; and poisonous plants. I understand that additional unknown or unanticipated risks do exist that may result in injury or death. I further acknowledge that these risks are increased by the use of drugs or alcohol. _____ (initial)
- I understand that it is my responsibility to consult with my physician prior to participating in any Wahwahtaysee Activity. In the event that I become incapacitated while participating in a Wahwahtaysee Activity, I hereby authorize Wahwahtaysee, and emergency medical personnel to make emergency medical decisions on my behalf (including but not limited to CPR and/or and AED). I also authorize Wahwahtaysee to arrange emergency transportation, and agree to indemnify and hold harmless Wahwahtaysee from any and all costs associated with my emergency care, including emergency transportation costs.
- My participation in any Wahwahtaysee Activity signifies that I have found the Equipment (which includes any equipment available or accessible on the property or any personal equipment I bring with me) and areas to be safe and acceptable to me. I accept full and sole responsibility for the condition and adequacy of my personal Equipment. _____ (initial)
- I authorize Wahwahtaysee and the Releasees to take photographs or videos of me and to make recordings of my voice (“Media”) during my participation in any Wahwahtaysee Activity, and understand that any such Media will become the sole property of Wahwahtaysee. I further authorize Wahwahtaysee and the Releasees to use and/or profit from such Media for any legitimate business or commercial purpose, including but not limited to promotional, advertising, or marketing activities. _____ (initial)
- This Agreement shall be governed by the laws of the State of Texas. I agree to submit any and all claims arising from my stay and/or participation in Wahwahtaysee Activities to binding Arbitration in Hays County. I acknowledge that I am giving up the right to have my dispute decided in a court of law by a judge or jury. I further understand and agree that Wahwahtaysee will be entitled to recover attorneys’ fees and costs incurred defending against an action barred by this Agreement. _____ (initial)
- This Agreement is the entire agreement between the parties, and shall supersede any and all prior agreements. If any provision of this Agreement is found to be illegal or invalid, the remaining provisions shall remain enforceable to the fullest extent permitted by law. _____ (initial)
BY SIGNING BELOW, I CERTIFY THAT I HAVE CAREFULLY REVIEWED THIS AGREEMENT AND VOLUNTARILY AGREE TO ITS TERMS. I ALSO CERTIFY THAT I HAVE RECEIVED A COPY OF WAHWAHTAYSEE’S RULES AND REGULATIONS, AND UNDERESTAND THAT FAILURE TO COMPLY WITH THESE RULES MAY BE GROUNDS FOR IMMEDIATE REMOVAL FROM THE PROPERTY. I UNDERSTAND THAT ALL FEES AND COSTS FOR ANY WAHWAHTAYSEE SERVICE OR ACTIVITY ARE NON-REFUNDABLE.
Signature of Guest / Guardian
Names of Minors Accompanying Guest/Guardian:
(1) _____________________ (2) ______________________
Name: ____________________ Phone: ________________ Relationship: _________________