Liability Waiver at Canyon’s Ledge - Everyone MUST sign prior to equipment rental.
ASSUMPTION OF RISK,
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
PLEASE READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT (“RELEASE”) CAREFULLY. BY SIGNING THIS RELEASE, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.
Canyon’s Ledge, LLC (“Company”) DBA Canyon’s Ledge, operates and manages Canyon’s Ledge.
A. ACTIVITIES, HAZARDS AND RISKS
1. RENTING AND/OR USING A TENT, SLEEPING BAG, OUTDOOR FOLDING CHAIRS, PICNIC TABLE, COOLER, MALLET, LANTERN, LIGHTS, FISHING POLES, FISHING TACKLE, OR BEING A GUEST
CAMPING AND FISHING IS AN INHERENTLY DANGEROUS ACTIVITY AND CAN RESULT IN LOSS OR
DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY OR DEATH.
Renters assume all such risks. Each renter should be aware of his/her/they surroundings at all times. Each renter is responsible for their own safety and those of any minors in their group while camping or fishing with rental equipment and while engaging in Recreational Activities in, out, or around water.
Renters should avoid trees and vegetation to minimize the risk of getting struck by falling tree limbs, entangled in vegetation, or bit by snakes or wildlife. Renter should monitor water and weather conditions at all times to avoid the risk of being struck by lightning or caught in a flood.
Renters should not place tents or equipment directly next to any campfires or open flames to include smoking in the tent to avoid starting or fueling fires.
2. The camping equipment and associated fishing activities offered by Company at Canyon’s Ledge include rental equipment such as tents, sleeping bags, coolers, picnic tables, mallets, lanterns, lights, fishing poles, and fishing tackle (all such activities are collectively referenced as the “Recreational Activities”). THE RECREATIONAL ACTIVITIES ARE INHERENTLY DANGEROUS ACTIVITIES THAT MAY RESULT IN LOSS OR DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY OR DEATH.
3. In addition to any other risk set forth in this Agreement, the risks associated with camping and or engaging in the Recreational Activities include, but are not limited to, the following: sudden changes in weather conditions; flooding; lightning; insects, snakes and wildlife; fire; entering, exiting, sharp edges, fishing hooks; hazards resulting from the consumption of alcohol near water or while engaging in the Recreational Activities; uneven terrain in and next to the water; murky water and inability to see the bottom; trees in and around the water; falling tree limbs; hypothermia; injury from slips and falls; excessive exertion from strenuous activity; loss, theft or damage to personal property; and serious bodily injury, permanent disability or death. There is the risk of injury by other people engaging in Recreational Activities or other reckless or criminal activities over which Company has no or very little control, and there are inherent risks simply by participating in activities near the water.
4. Company has made no effort to determine, and accepts no responsibility for, medical, physical or other qualifications or the suitability of any renter for the Camping and or Recreational Activities. Each renter must assess their own suitability for the Camping and or Recreational Activities and recognize their own limitations.
5. Consumption of even small quantities of alcohol will impair judgment, reduce a renter’s ability to effectively manage or react to the risks associated with the Camping and Recreational Activities and make it more dangerous to be in and near water. Company advises all renters over the age of 21 to exercise extreme caution when consuming alcoholic beverages while Camping and or engaging in Recreational Activities after consuming alcohol and Company accepts no responsibility for the consumption of alcohol by adult renters.
6. FALLING BRANCHES: Renters may camp and or conduct fishing activities near trees outdoors. Canyon’s Ledge is not liable for damages or harm caused by such branches falling onto the undersigned’s or his/her/them parties’ and/or guest’s vehicles and/or persons as such incidents are beyond Canyon’s Ledge’s control.
7. An inherent risk of exposure to COVID-19 exists in any public place where people are present. By renting equipment from Canyon’s Ledge, you voluntarily assume all risks related to exposure to COVID-19.
8. Guest must use common sense and safety while using camping and or fishing equipment. Minors using camping and or fishing equipment must be monitored by adults. Renter is responsible for any and all harm caused to him/herself and other guests while on camping and or fishing activities.
B. ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY. IN CONSIDERATION OF BEING PERMITTED TO RENT EQUIPMENT AND ENGAGE IN RECREATIONAL ACTIVITIES FROM CANYON’S LEDGE, I, FOR MYSELF, MY HEIRS, ASSIGNS AND ANYONE CLAIMING THROUGH ME, AND THOSE OF ANY MINORS FOR WHOM I AM SIGNING, HEREBY EXECUTE THIS RELEASE IN FAVOR OF COMPANY, ON BEHALF OF MYSELF AND ON BEHALF OF THE CHILDREN OR DEPENDENTS, IDENTIFIED HEREIN. I AND ALL OF THOSE FOR WHOM I AM SIGNING UNDERSTAND AND AGREE TO THE FOLLOWING:
1. I UNDERSTAND AND VOLUNTARILY ASSUME ALL DANGERS AND RISKS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH ENGAGING IN CAMPING AND IN THE RECREATIONAL ACTIVITIES ORANY ACTIVITY FROM CANYON’S LEDGE, INCLUDING BUT NOT LIMITED TO, ANY LOSS ORDESTRUCTION OF PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY OR DEATH, REGARDLESS OF WHETHER THE RISK IS EXPRESSLY SET FORTH IN THIS AGREEMENT. I VOLUNTARILY WAIVE AND RELEASE TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, AND ITS REPRESENTATIVES, OWNERS, INVESTORS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LANDOWNERS, LANDLORDS, SUBSIDIARIES, CONTRACTORS, AFFILIATED COMPANIES OR ENTITIES, SUCCESSORS, HEIRS AND ASSIGNS (ALL COLLECTIVELY REFERENCED IN THIS AGREEMENT AS THE “RELEASED PARTIES”), FOR ANY AND ALL DAMAGE, LOSS OR THEFT OF ANY PROPERTY, AS WELL AS ANY BODILY INJURY, PERMANENT DISABILITY OR DEATH RESULTING FROM PARTICIPATION IN CAMPING AND OR THE RECREATIONAL ACTIVITIES OR RESULTING FROM ANY OTHER INCIDENT OCCURRING BEFORE, AFTER OR WHILE I AM RENTING EQUIPMENT FROM CANYON’S LEDGE.
2. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND THE RELEASED PARTIES (THAT IS, DEFEND THEM AND SATISFY BY PAYMENT OR REIMBURSEMENT) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, ATTORNEY’S FEES AND COSTS (ALL COLLECTIVELY REFERENCED AS THE “CLAIMS”) INCURRED BY OR ENTERED AGAINST COMPANY OR THE RELEASED PARTIES AS A RESULT OF PARTICIPATION IN CAMPING AND OR THE RECREATIONAL ACTIVITIES OR RESULTING FROM ANY OTHER INCIDENT OCCURRING BEFORE, AFTER OR WHILE I RENT EQUIPMENT FROM CANYON’S LEDGE.
3. I AGREE THAT THE FOREGOING INDEMNITIES, WAIVERS, AND RELEASES WILL APPLY EVEN IF THE INCIDENT GIVING RISE TO THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE CONDITION OF THE EQUIPMENT FROM CANYON’S LEDGE OR BY THE SOLE OR CONCURRENT NEGLIGENCE OF COMPANY (BUT NOT THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY).
4. I AGREE TO PROVIDE OR OTHERWISE ENSURE ADEQUATE SUPERVISION OF MINORS AND GUEST WHETHER MYSELF OR BY ASSIGNMENT TO ANOTHER ADULT, AT ALL TIMES WHILE RENTING EQUIOPMENT FROM CANYON’S LEDGE TO EXPLAIN ALL RISKS TO EVERYONE IN MY PARTY.
5. THE UNDERSIGNED FURTHER GRANTS PERMISSION TO COMPANY TO TAKE PICTURES AND USE IMAGES OR VIDEO IN ITS MARKETING AND PROMOTIONAL ACTIVITIES AND WAIVES AND RELEASES ANY CLAIM AGAINST COMPANY RELATING TO SUCH IMAGES AND VIDEO.
This Release is severable. In the event any provision of this Release is determined to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. This Release shall be binding upon and inure to the benefit of the respective parties, their heirs, executors, administrators, successors and assigns. The State District Court of Randall County, Texas will have jurisdiction and exclusive venue over all disputes between Company and the undersigned Renter. This Release will be construed according to the laws of the State of Texas, regardless of choice-of-law principles.
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I HAVE READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
(“RELEASE”) CAREFULLY. BY SIGNING THIS RELEASE, I UNDERSTAND I AM GIVING UP IMPORTANT LEGAL