PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND
INDEMNITY AGREEMENT
In consideration for being permitted to access trails and their surrounding areas located
on certain real property encompassing the establishment known as Bottom Creek
Brewing Company in North Branch, Lapeer County, Michigan, for purposes which may
involve walking, hiking, jogging, dog walking, or other permissible physical activity, I, for
myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any
legal and personal representatives, executors, administrators, successors and assigns,
hereby agree to and make the following contractual representations pursuant to this
Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the
“Agreement”);
1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in
good health and in proper physical condition to participate in our activities; and (iii) I am
not under the influence of alcohol or any illicit or prescription drugs which would in any
way impair my ability to safely participate in our activities. I agree that it is my sole
responsibility to determine whether I am sufficiently fit and healthy enough to participate
in the activities, that I am responsible for my own safety and well-being at all times and
under all circumstances while at our activity site.
2. I understand and acknowledge that participation in our activities is inherently
dangerous and represents an extreme test of a person’s physical and mental limits. I
understand and acknowledge the risks and dangers associated with participation in our
activities and related activities, including without limitation, the potential for serious
bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss
of or damage to equipment/property; exposure to extreme conditions and
circumstances; contact with other participants, spectators, animals or other natural or
manmade objects; dangers arising from adverse weather conditions; imperfect course
or track conditions; land, water and surface hazards; manmade structures including
bridges, equipment failure; inadequate safety measures; participants of varying skill
levels; situations beyond the immediate control of the Activity Organizers; and other
undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”).
I understand that these Risks may be caused in whole or in part by my own actions or
inactions, the actions or inactions of others participating in the activities, or the negligent
acts or omissions of the Released Parties defined below, and I hereby expressly
assume all such Risks and responsibility for any damages, liabilities, losses or
expenses, including medical expenses, which I, any minors listed below, or my pet(s),
incur as a result of my and their participation in any activity.
3. I agree to be familiar with and to abide by the Rules and Regulations established for
the activities, including but not limited to the rules adopted by us and any safety regulations established for the benefit of all participants. I accept sole responsibility for
my own conduct and actions while participating in our activities, and the condition and
adequacy of my equipment. I understand that consuming alcoholic beverages or other
intoxicating substances is strictly prohibited while participating in the activities. I
understand that any pet I bring onto the premises must remain on a leash at all times. I
further understand that if my pet engages in disruptive, aggressive, or dangerous
behavior, the Event Organizers may require me to remove the pet from or leave the
premises, and I agree to promptly comply with any such request. I permit the Event
Organizer to make a photocopy of my Driver's License.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify,
Defend and Hold Harmless the following parties: Bottom Creek Brewing, LLC, its
affiliates, and Promoters, Sponsors, Advertisers; the Host Organization and the Facility,
Venue and Property Owners or Operators upon which the activities takes place; Law
Enforcement Agencies and other Public Entities providing support for the Event; and
each of their respective parent, subsidiary and affiliated companies, officers, directors,
managers, partners, shareholders, members, agents, employees and volunteers
(Individually and Collectively, the “Released Parties” or “Event Organizers”), with
respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or
expense (including court costs and reasonable attorneys’ fees) of any kind or nature
(“Liability”) which may arise out of, result from, or relate in any way to my participation
in the activities, including claims for Liability caused in whole or in part by the negligent
acts or omissions of the Released Parties. I further agree that if, despite this
Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the
Released Parties, I will indemnify, defend and hold harmless each of the Released
Parties from any such Liabilities which any may be incurred as the result of such claim. I
hereby warrant that I am of legal age and competent to enter into this Agreement, that I
have read this Agreement carefully, understand its terms and conditions, acknowledge
that I will be giving up substantial legal rights by signing it (including the rights of my
spouse, children, guardians, heirs and next of kin, and any legal and personal
representatives, executors, administrators, successors and assigns), acknowledge that I
have signed this Agreement without any inducement, assurance or guarantee, and
intend for my signature to serve as confirmation of my complete and unconditional
acceptance of the terms, conditions and provisions of this Agreement. This Agreement
represents the complete understanding between the parties regarding these issues and
no oral representations, statements or inducements have been made apart from this
Agreement. If any provision of this Agreement is held to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of any remaining
provisions.
On Behalf of minor(s):
I am the parent (or legal guardian) of the below listed minors and executing this
document on their behalf. I understand that any minors listed below who are under the
age of 14 must be accompanied by a Parent or Guardian at all times while participating
in activities on the premises. Furthermore, I assume all responsibility and liability as
stated above.