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WAIVER AND RELEASE OF LIABILITY

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AM AWARE THAT OUTDOOR ACTIVITIES (SUCH AS SWIMMING, ROCK CLIMBING, AND HIKING) AND THE USE OF ANY EQUIPMENT, SHELTER, OR OTHER FACILITIES (INCLUDING, FOR EXAMPLE, TENTS, CABINS, CAMPFIRES, AND GRILLS) CAN BE HAZARDOUS. I AM ALSO AWARE THAT NATURAL OCCURRENCES (SUCH AS LIGHTNING, HIGH WINDS, RAINSTORMS, AND FLASH FLOODS) AND WILDLIFE (SUCH AS BEARS, SNAKES, AND YELLOW JACKETS) CAN BE UNPREDICTABLE AND DANGEROUS, AND THAT CONSUMING ANIMALS, VEGETATION, WATER, AND OTHER SUBSTANCES FOUND ON OR AROUND THE PREMISES CAN BE HARMFUL. I UNDERSTAND THAT I AM RESPONSIBLE FOR WEARING SUITABLE SHOES FOR WET, SLIPPERY CONDITIONS AND I ACKNOWLEDGE THAT I HAVE READ AND WILL ADHERE TO THE ATTACHED LIST OF CAUTIONS AND FURTHER AGREE TO ABIDE BY ANY RULES OR REGULATIONS AND TO FOLLOW ANY GUIDELINES OR INSTRUCTIONS THAT THE OWNERS OF THE PREMISES MAY PROVIDE ORALLY OR IN WRITING. I UNDERSTAND THAT ADHERING TO THE LIST OF CAUTIONS OR ABIDING BY SUCH RULES, REGULATIONS, GUIDELINES, OR INSTRUCTIONS DOES NOT GUARANTEE MY SAFETY. I HEREBY ASSUME ALL RISKS OF INJURY, LOSS OF LIFE, AND DAMAGE TO PERSONS OR PROPERTY (INCLUDING PETS). I FURTHER RELEASE, INDEMNIFY, AND HOLD HARMLESS THE OWNERS OF THE PREMISES, INCLUDING WITHOUT LIMITATION (THUNDER CANYON CAMPGROUND), AS WELL AS THEIR OWNERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, COSTS, LOSSES, EXPENSES, OR COMPENSATION OF WHATEVER NATURE IN CONNECTION WITH ANY LOSS, DAMAGE, OR INJURIES TO PERSONS AND PROPERTY CAUSED OR SUSTAINED BY ME, MEMBERS OF MY FAMILY, MY GUESTS, OR PETS. I UNDERSTAND THAT IF I HAVE A PHYSICAL CONDITION THAT LIMITS MY MOBILITY, I SHOULD CONSULT WITH MY DOCTOR PRIOR TO MY VISIT. I ALSO UNDERSTAND THAT THE BUILDINGS, TRAILS, AND STRUCTURES ARE NOT ADA COMPLIANT. IF I PARTICIPATE IN ANY ACTIVITIES INVOLVING FOOD I UNDERSTAND THAT THERE MAY BE ALLERGENS SUCH AS PEANUTS AND IT IS MY RESPONSIBILITY TO CHECK.

IN CONSIDERATION OF the risk of injury that exists while participating in VISITING THUNDER CANYON CAMPGROUND (hereinafter the “Activity”); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in the same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims, or causes of action of any kind arising out of my precipitation in the Activity; and

I HEREBY release and forever discharge THUNDER CANYON LLC, RV ODD COUPLE, & RV ODD SQUAD, located at 583 Thunder Canyon Dr, Ider AL 35891, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releases”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO; PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. I UNDERSTAND THAT SHOULD I CHOOSE TO VOLUNTEER AT THUNDER CANYON CAMPGROUND, ANY VOLUNTEER SERVICES I PROVIDE DO NOT ENTITLE ME TO COMPENSATION BY THUNDER CANYON LLC & RV ODD COUPLE, NOR DOES IT ENTITLE ME TO LIENHOLDER STATUS OF THE CAMPGROUND. I FURTHER UNDERSTAND THAT THUNDER CANYON CAMPGROUND IS NOT RESPONSIBLE TO PROVIDE FINANCIAL ASSISTANCE OR INSURANCE TO VOLUNTEERS.

I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suit or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releases are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releases. In the event that I should require medical care or treatment, I authorize Thunder Canyon LLC & RV ODD COUPLE to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment and any follow up care required. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may result in a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of THUNDER CANYON LLC & RV ODD COUPLE official or agent, regarding my approval to participate in the activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND I DISCHARGE THUNDER CANYON LLC & RV ODD COUPLE AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THUNDER CANYON LLC & RV ODD COUPLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of THUNDER CANYON LLC & RV ODD COUPLE, its agents, and employees.

I agree that this release shall be governed for purposes by Alabama law, without regard to any conflict of law principles. Any action brought by any party hereto shall be brought within the State of Alabama, County of De Kalb. This Release supersedes any and all previous oral or written promises or other agreements.

THIS WAIVER AND RELEASE OF LIABILITY SHALL BE PERPETUAL IN NATURE AND SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION. IN THE EVENT THAT ANY DAMAGE TO EQUIPMENT OR FACILITIES OCCURS AS A RESULT OF MY OR MY FAMILY’S OR MY GUESTS’ WILLFUL ACTIONS, NEGLECT, OR RECKLESSNESS, I ACKNOWLEDGE AND AGREE TO BE HELD LIABLE FOR ANY AND ALL COSTS ASSOCIATED WITH ANY SUCH ACTIONS OF NEGLECT OR RECKLESSNESS.
I HEREBY consent to the use of my likeness in video, photographs or intellectual property to be used by staff of Thunder Canyon Campground and RV ODD COUPLE in official publications and other media, for any and all advertising trade, publicity and art purposes. I also hereby grant to Thunder Canyon Campground the rights to copyright or otherwise protect any matter in which said video, photographs, prints, pictures, reproductions, intellectual property hereof and/or testimonial appear. I release Thunder Canyon Campground and RV ODD COUPLE from any liability in connection with the use, reproduction and publication of any of the video, photographs or intellectual property.

Description of video/photographs: Promotional material (YouTube videos, brochures, etc.) in support of Thunder Canyon Campground and RV ODD COUPLE.

Description of intellectual property: To include but not limited to: artwork created, blog content, formal papers used for promotion or in support of Thunder Canyon Campground or RV ODD COUPLE.

THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength.
and THUNDER CANYON LLC & RV ODD COUPLE agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on its language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect. If a court should find that any provision of this Agreement to be invalid or unenforceable, then aid provision shall be deemed to be written, construed and enforced so as limited.

The parties agree that any claim, dispute or controversy arising out of, or relating to, this agreement, or breach thereof, shall be resolved through final and binding Arbitration to be administered by (NAM”) National Arbitration and mediation and governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed. Any award of the Arbitrator is final and binding and may be entered as a judgment in any court having jurisdiction.

EXAMPLES OF POTENTIAL HAZARDS INCLUDE BUT ARE NOT LIMITED TO: WILDLIFE HAZARDS: POISONOUS AND NONPOISONOUS SNAKES, COYOTES, BEARS, WILD CATS, WILD BOARS, SPIDERS, POISONOUS CATERPILLARS, POISON OAK, POISON IVY, POISON SUMAC, DEADLY CLIFFS, SLIPPERY PATHS, FALLING ROCK, SLIPPERY TRAILS, FALLS, FIRE & BURNS, AND DANGERS TO CHILDREN WITHOUT ADULT SUPERVISION; SWIMMING HAZARDS: NO LIFEGUARD ON DUTY. SWIM AT YOUR OWN RISK. DANGER: ABSOLUTELY NO DIVING! ALL CHILDREN REQUIRE ADULT SUPERVISION AT ALL TIMES.

In the event of an emergency, please contact the following person(s) in the order presented

I, UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OVER THE AGE OF 18 YEARS, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY WITHOUT MEMORIALIZATION IN WRITING. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A BINDING CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

Participant Name
Participant's Address
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In the event that the participant is under the age of consent (18 years of age), then this Release must be signed by a parent or legal guardian as follows:

I ASSUME ALL RISKS AND RESPONSIBILITIES FOR THE SAFETY AND WELL-BEING OF SUCH MINOR CHILD(REN) AND AM ENTERING INTO THIS LIABILITY WAIVER AND INDEMNITY ON BEHALF OF SUCH MINOR CHILD(REN). I AGREE TO SUPERVISE MY CHILDREN AT ALL TIMES. IN THE EVENT I BECOME INCAPACITATED OR AM UNABLE TO GIVE INSTRUCTIONS OR OTHERWISE MAKE MY WISHES KNOWN, I GIVE THE OWNERS AND ANY OF THEIR AGENTS, REPRESENTATIVES, OR OTHER PERSONS ACTING ON THEIR BEHALF, FULL POWER AND AUTHORITY TO MAKE ANY DECISIONS, CONTACT ANY PERSONS, OR OTHERWISE PERFORM ANY ACTIONS THAT THEY MAY DEEM NECESSARY AND APPROPRIATE UNDER THE CIRCUMSTANCES. I SPECIFICALLY UNDERSTAND AND ACKNOWLEDGE THAT MY GIVING OF SUCH AUTHORITY DOES NOT CREATE ANY OBLIGATION ON THE OWNERS TO MAKE ANY DECISIONS, CONTACT ANY PERSONS, OR OTHERWISE PERFORM ANY ACTIONS ON MY BEHALF. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE OWNERS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, COSTS, LOSSES, EXPENSES, OR COMPENSATION OF WHATEVER NATURE IN CONNECTION WITH ANY ACTION TAKEN OR NOT TAKEN BY THEM ON MY BEHALF.

EXAMPLES OF POTENTIAL HAZARDS INCLUDE BUT ARE NOT LIMITED TO: WILDLIFE HAZARDS: SNAKES, COYOTES, BEARS, WILD CATS, WILD BOARS, SPIDERS, POISONOUS CATERPILLARS, POISON OAK, POISON IVY, POISON SUMAC, DEADLY CLIFFS, SLIPPERY PATHS, FALLING ROCK

SWIMMING HAZARDS: NO LIFEGUARD ON DUTY. SWIM AT YOUR OWN RISK. DANGER: ABSOLUTELY NO DIVING! ALL CHILDREN REQUIRE ADULT SUPERVISION AT ALL TIMES.
named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.
Clear Signature

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