LIABILITY WAIVER
*** RELEASE OF LIABILITY – READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS ***
In exchange for renting either personal property and/or land from Explore S’more Adventures, LLC (hereinafter “Explore S’more”), of 1501 Tampa Ct. Lexington, KY 40505 for recreational purposes, including, but not limited to, camping, hiking, and use of motorized recreational vehicles, and/or use of the property, facilities, and services of Explore S’more, I, intending to be legally bound, agree for myself and my personal representatives, executors, administrators, my heirs and assigns, and (if applicable) for the members of my family, to the following:
1. ASSUMPTION OF THE RISK AND RELEASE. I recognize that there are certain inherent risks and dangers associated with the rental and use of the above-described personal property and/or land from Explore S’more and/or the use of, presence upon, the property, facilities, and services of Explore S’more, which risks include, but are not limited to, property damage or loss, personal injury, illness, maiming, permanent disability, and death. These risks and dangers may arise from foreseeable or unforeseeable causes. Knowing those inherent risks and dangers, I, on behalf of myself, my personal representatives, executors, administrators, and my heirs and assigns, voluntarily assume full responsibility for any property damage or loss, personal injury, illness, maiming, permanent disability, or death of myself and (if applicable) my family members, resulting from or related to the rental or use of the above-described personal property and/or land from Explore S’more and/or the use of, presence upon, the property, facilities, and services of Explore S’more, and further release and discharge Explore S’more, as well as its officers and members, shareholders, current and former employees and agents, and their respective executors, administrators, heirs, personal representatives, successors and assigns, for any property damage or loss, personal injury, illness, maiming, permanent disability, and death which results from the above-described rental or use of the personal property and/or land from Explore S’more and/or the use of, presence upon, the property, facilities, and services of Explore S’more, as well as any and all liability, loss, damages, causes of action, or judgments arising therefrom, whether caused by the fault of myself or my family, any third parties, or by the negligence of Explore S’more or its employees, independent contractors, agents, representatives, members, shareholders, and owners.
2. INDEMNIFICATION. I agree to indemnify, defend, and hold harmless Explore S’more, as well as its officers and members, shareholders, current and former employees and agents, and their respective executors, administrators, heirs, personal representatives, successors and assigns, against any and all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s rental, use, or possession of the above-described personal property and/or land from Explore S’more and/or the use of, presence upon, the property, facilities, and services of Explore S’more, whether caused by the fault of myself or my family, any third parties, or by the negligence of Explore S’more or its employees, independent contractors, agents, representatives, members, shareholders, and owners.
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3. APPLICABLE LAW. This Liability Waiver shall be construed and interpreted in accordance with the laws of the Commonwealth of Kentucky. Additionally, any legal or equitable claim that may arise from the above-described rental, use, or possession of the above-described personal property and/or land from Explore S’more and/or the use of, presence upon, the property, facilities, and services of Explore S’more, shall be resolved under Kentucky law.
4. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement, and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement, if I so desire.
5. SEVERABILITY. The provisions of this Agreement are severable. If any portion, provision, or part of this Agreement is held, determined, or adjudicated to be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision, or part shall be severed from the remaining portions, provisions, or parts of this Agreement, and shall not affect the validity or enforceability of any remaining portions, provisions, or parts.
6. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
7. JURY TRIAL WAIVER. I FURTHER VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT I MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON OR RELATED TO THIS LIABILITY WAIVER, OR ANY COURSE OF DEALING, COURSE OF CONDUCT, STATEMENTS, OR ACTIONS OCCURRING IN CONNECTION WITH THIS LIABILITY WAIVER.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
SIGNING THIS DOCUMENT ALSO CONFIRMS MY RECEIPT OF AN UNSIGNED COPY OF IT AT THE TIME OF SIGNING.