PARTICIPATION AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Hadad’s Lake, LLC (“Hadad’s), their agents, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf, I (“Patron”) hereby agree to release, indemnify and discharge Hadad’s on behalf of myself, my spouse, my children, my parents , my heirs, assigns, personal representatives, and estate as follows:
- Patron acknowledges that participation with or use of inflatable devises (or any other amusement device) and swimming on the Hadad’s premises entails known and unanticipated Risks that could result in physical or emotional injury, paralysis, death, or damage to myself, other patrons, property, or third parties. Patron understands that such Risks cannot be eliminated without jeopardizing the essential elements of the activity.
- Patron expressly agrees and promises to accept and assume all Risks. Patron’s participation in any and all activities are purely voluntary, and an election to participate in spite of known or unknown Risks.
- Patron hereby voluntarily releases, forever discharges and agrees to indemnify, and hold harmless, Hadad’s from any and all claims, demands, or causes of action, which are in any way connected with Patron’s participation in any and all activities or Patron’s use of Hadad’s equipment and facilities, including any such claims which allege negligent acts or omissions by Hadad’s.
- Should Hadad’s, or anyone acting on behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- Patron certifies that he/she has adequate insurance to cover any injury or damage caused or suffered by Patron, or in the absence of adequate insurance coverage that Patron will bear his or her own costs of such injury or damage. Patron further certifies that he or she assumes the risk of any personal medical or physical condition he or she may have.
- In the event that Patron files a lawsuit against Hadad’s, Patron agrees to do so solely in the state of Virginia and that the substantive law of Virginia shall apply in that action.
- Patron agrees that if any portion of this Agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that I may be found by a court of law to have waived my right to maintain a lawsuit against Hadad’s on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understand this Agreement and acknowledge that I am bound by the terms and conditions herein.
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 Risks include and are not limited to: slip and falls, colliding with fixed objects and/or people, strains, sprains, broken bones, head injuries, cuts, abrasions, bruises, drowning, equipment failure, malfunction, or operator error, rope burns, cardiac-related events or illness, falling off of or being thrown from amusement devices, exhaustion, exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat-related illnesses), sunburn, dehydration, musculoskeletal injuries, including head, neck and back injuries, the negligence of other patrons, visitors, participants or other persons who may be present, patron’s own fitness and physical condition regarding physical exertion associated with any activities.