Waiver of liability
- RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
- BY ENTERING INTO THIS AGREEMENT, YOU ARE CONSENTING TO ITS TERMS AND GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE.
- READ THIS AGREEMENT CAREFULLY BEFORE SIGNING BELOW—YOUR SIGNATURE BELOW INDICATES YOUR UNDERSTANDING AND AGREEMENT TO ITS TERMS.
- In exchange for entering onto and/or the use of the premises located at 262 Depot Street, Rumney, New Hampshire, known as Baker Rocks (the “Premises”), I, the undersigned, being one or more guests of the Premises, and on behalf of myself and my legal and personal representatives, heirs, next of kin, spouse, agents, and assigns (the “Releasor”), hereby consent to the following terms:
- 1. Assumption of Risk. I fully understand and acknowledge that there are risks and dangers associated with my entering onto and/or use of the Premises, which include, without limitation, injury, illness, death, property damage, financial damage, and exposure to or contraction of COVID-19 or another disease or illness, regardless of the health measures put in place, or lack thereof, by any Released Party (as defined herein). Such risks may be caused by my own actions or inactions, the actions or inactions of others, the condition of the Premises and surrounding areas, and/or may arise out of my entering onto and/or use of the Premises. I voluntarily assume and accept all such risks and responsibility for any losses, liability, costs, damages, claims, or demands that I may incur as a result of or related to my entering onto and/or use of the Premises.
- Included within the scope of this Assumption of Risk, without limitation and without limiting in any way the foregoing, is the risk of injury, illness, death, and/or property damage arising from any activities related to being in the natural environment, including, without limitation, harm or losses arising from walking, running, falling, contact with scenery, other patrons, wild or domesticated animals, rocks, roots, ditches, insects, weather conditions, plants, and/or campfires.
Waiver of Risk. I hereby voluntarily WAIVE, RELEASE, AND DISCHARGE Camp Free or Die, LLC, d/b/a Baker Rocks, All In Off Grid, LLC, and each of their agents, contractors, employees, officers, owners, subsidiaries, sponsors, staff, affiliates, and volunteers (each a “Released Party,” together the “Released Parties”) from any and all claims, losses, or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, or damage of any kind, including economic losses, and any attorneys’ fees and costs, which may arise by reason of my presence on and/or use of the Premises (collectively, “Losses”). To the extent possible by law, I hereby fully waive, release, and discharge all Released Parties notwithstanding their own negligent acts or omissions or the negligent acts or omissions of others.
Included within the scope of this Waiver is any cause of action arising from the Released Party’s failure to perform, or negligence in the performance of, maintenance, supervision, instruction, or control of the Premises, or for failure to warn of dangerous conditions existing upon said Premises.
Covenant Not to Sue; Indemnification. I agree that I will not bring any action or claim against any of the Released Parties for any reason, including but not limited to the above assumptions of risk, releases, indemnifications, and agreements. I further agree that if, despite this Agreement, I or anyone on my behalf makes a claim against any of the Released Parties, I will indemnify, save, and hold harmless each of the Released Parties from losses, liability, damages, claims, demands, expenses, attorneys’ fees or costs that any of the Released Parties may incur as a result of any such claim. I agree to indemnify, save, and hold harmless each of the Released Parties from losses, liability, damages, claims, demands, expenses, or costs that any of the Released Parties may incur as a result of my entering onto and/or use of the Premises.
Rules. I agree to abide by any rules established or instructions given with respect to my entering onto and/or use of the Premises. I further agree to use care to avoid damaging the Premises, or causing harm to others or their property while at/on the Premises, and I will refrain from conducting myself or acting in an unlawful manner or committing any unlawful acts while at/on the Premises.
Images. I ACKNOWLEDGE AND ALLOW any and all photographs and video taken of me at the Premises to be used by Baker Rocks and its agents for any promotional purposes or any other uses without my knowledge or further consent. No royalty, fee, or other compensation shall become payable to photographic subjects by reason of such use.
Medical Treatment. I consent to the administration of first aid and other medical treatment in the event of injury or illness and hereby release the Released Parties from any and all liability or claims arising out of such treatment. Any expenses incurred will be my sole responsibility. I further attest and verify that I am free of any and all illness or injuries that could interfere with my safe participation in camping or any other activities on the Premises.
No Damages. To the maximum extent permitted by law, in no event shall Baker Rocks, or any of its subsidiaries, sponsors, affiliates, directors, shareholders, officers, employees, volunteers or agents, be liable for any direct, incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including without limitation (i) lost revenues or profits; (ii) loss of business or loss of data; (iii) loss or damage to any personal property; or (iv) for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies on the Baker Rocks website.
Force Majeure Event. I understand that the Released Parties are not liable for any injury, loss, or financial loss due to Released Parties’ inability to provide goods or services due to cause(s) that are neither reasonably within the control of the Released Parties nor the result of the fault or negligence of the Released Parties. Such cause(s) shall include, without limitation, acts of God or nature, war, riots, civil insurrections, epidemics/pandemics or plagues, acts or campaigns of terrorism or sabotage, blockades, embargoes, accidents or interruptions to transportation, acts of any Governmental Authority, strikes and other labor difficulties, and other events or circumstances beyond the reasonable control of Baker Rocks.
Governing Law. This Agreement shall be interpreted under the laws of the State of New Hampshire, without regard to its conflict of law provisions. I understand that by entering onto and/or using the Premises, I am consenting to the jurisdiction of the Federal and State Courts of the State of New Hampshire for all claims that may arise out of my use thereof.
Severability. If any provision of this Agreement, or any part of any provision, is held to be invalid or unenforceable, that provision is deemed to be amended to apply to the extent enforceable and the balance of the Agreement shall be valid and binding.
Headings. The headings used in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, THAT I HAVE AGREED TO IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND THAT I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.