ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND ACKNOWLEDGMENT OF RULES RELATED TO USE OF FIRESIDE OUTPOST (“FULL RELEASE”)
READ CAREFULLY BEFORE SIGNING. THIS IS AN ENFORCEABLE CONTRACT BETWEEN YOU AND FIRESIDE OUTPOST. IT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
In consideration of being allowed to access and use, in any way, Fireside Outpost and the surrounding premises (collectively, the “Campground Property”), you acknowledge and agree as follows:
I. WAIVER OF LEGAL REMEDIES. THIS IS A LEGALLY BINDING DOCUMENT. IF NOT UNDERSTOOD, LEGAL ADVICE SHOULD BE SOUGHT. BY SIGNING THIS DOCUMENT, YOU GIVE UP YOUR RIGHT AND THE RIGHT OF YOUR HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, AND ASSIGNS TO BRING A COURT ACTION, NOW OR ANY TIME IN THE FUTURE TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR AN INJURY TO YOURSELF OR YOUR PROPERTY OR FOR YOUR DEATH, HOWEVER CAUSED, ARISING OUT OF YOUR USE OF THE CAMPGROUND PROPERTY, EVEN IF SUCH CLAIM IS BASED UPON ACTUAL NEGLIGENCE OF FIRESIDE OUTPOST OR CHILHOWEE OUTDOORS, LLC AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, VOLUNTEERS, EMPLOYEES AND ASSIGNS (COLLECTIVELY, THE “CAMPGROUND OWNER AND OPERATOR”). IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD, YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS ON BEHALF OF YOUR CHILD AND YOUR CHILD’S HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN IN THE SAME WAY AND TO THE SAME EXTENT AS YOU HAVE HEREIN FOR YOURSELF.
II. ASSUMPTION OF POTENTIAL RISKS. USE OF THE CAMPGROUND PROPERTY INVOLVES RISKS. IT IS NOT POSSIBLE TO COMPILE A COMPLETE LISTING OF THE RISKS. HOWEVER, THEY INCLUDE THE POSSIBILITY THAT YOU MAY SUFFER SERIOUS, EVEN FATAL, INJURY OR ILLNESS. THE USE OF ALCOHOL OR DRUGS MAY INCREASE YOUR RISKS. YOU VOLUNTARILY, KNOWINGLY, AND FREELY ASSUME, AND TAKE FULL RESPONSIBILITY FOR ALL RISKS, KNOWN AND UNKNOWN, RELATED TO YOUR ACCESS TO AND USE OF THE CAMPGROUND PROPERTY.
III. YOU RELEASE ALL CLAIMS AGAINST THE CAMPGROUND OWNER AND OPERATOR. YOU voluntarily release and forever discharge and covenant not to sue the Campground Owner and Operator, from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of or are in any way connected with YOUR presence on the Campground Property or participation in any campground activity, including, but not limited to any and all negligence, of the Campground Owner and Operator for any and all injury, death, illness or disease, and damage to YOU or YOUR property. YOU further agree, promise and covenant to hold harmless and to indemnify the Campground Owner and Operator against all damage which YOU may negligently or intentionally cause to spectators or other third parties in the course of YOUR participation in any campground activity. YOU further agree, promise
and covenant not to use, assert or otherwise maintain any claim against the Campground Owner and Operator, for any injury, death, illness or disease, or damage to YOU or YOUR property, arising from or connected to YOUR participation in any activity or from any claims asserted against YOU by spectators or other third parties. In signing this document, YOU fully recognize that if anyone is hurt or dies, or property is damaged while YOU are present on the Campground Property, YOU will have no rights to make any claim or file a lawsuit against the Campground Owner and Operator even if the Campground Owner and Operator negligently caused the bodily injury or property damage.
IV. INSURANCE BENEFITS AND REPRESENTATION OF PHYSICAL CONDITION. YOU understand and acknowledge that no medical insurance benefits will be provided to YOU for injuries occurring while YOU are on the Campground Property. YOU certify that YOU have sufficient health, accident, and personal liability insurance to cover bodily, property damage, or any consequences resulting from YOUR participation in campground activities. If YOU have no such insurance, YOU certify that YOU are capable of personally paying for any and all expenses or liability. YOU further acknowledge that the undersigned is in good physical and mental health, not suffering from any condition, disease or disablement, which would or could potentially affect participation in activities on the Campground Property.
V. DUMPING OF HOLDING TANKS STRICTLY PROHIBITED ON CAMPGROUND PROPERTY. YOU acknowledge that the Campground Property does not provide sewage dumping services, and the dumping of sewage holding tanks is STRICTLY PROHIBITED on Campground Property. Any action taken in violation of this Section V may subject YOU to fines, penalties or other criminal liability pursuant to applicable federal, state, and local laws, rules and regulations, including without limitation, 33 U.S.C. §1251 et. seq. (Clean Water Act), Tenn. Code Ann. §39-17-102, and Chapter 004-02-02-.22 of the Rules of Tennessee Department of Environment and Conservation.
VI. IF YOU CAUSE DAMAGE TO THE CAMPGROUND PROPERTY, YOU AGREE TO PAY FOR ITS REPAIR. If you (or, if you are a parent or legal guardian, your child) cause damage to the Campground Property (including equipment, natural features such as trees and slopes, or fish or wildlife), you agree that you will pay all costs and expenses associated with its repair or replacement (“Repair Costs”), including the costs of collection of the Repair Costs, which may include reasonable court costs and attorneys’fees.
VII. YOU AGREE TO FOLLOW ALL OF THE RULES AND CONDITIONS WHICH ARE ATTACHED TO THIS FULL RELEASE. THIS FULL RELEASE IS INTENDED TO PROTECT THE CAMPGROUND OWNER AND OPERATOR FROM LIABILITY FOR INJURIES TO YOU, YOUR CHILDREN, AND YOUR PROPERTY TO THE MAXIMUM EXTENT ALLOWED BY TENNESSEE LAW.
