In consideration of Kanuga Conferences, Inc., a North Carolina non-profit corporation, its agents, employees, officers, directors, assigns, contractors, managers and/or operators, including CH North Carolina, LLC (collectively, “Kanuga”), providing access to and equipment and services related to a variety of outdoor and water recreational activities, I agree as follows: I, the undersigned, being an adult (age 18 or older), may choose to participate in recreational activities (the “Activities”), including, but not limited to the following:
| Camping |
Hiking |
Challenge Course |
Ropes Course |
| Rock Climbing |
Swimming |
Canoeing |
Kayaking |
| Boating & Water Sports |
Cycling |
Yoga/Fitness Classes |
Tennis |
| Archery |
Gardening/Agritourism |
Wildlife Observation |
Other Activities of any kind |
The foregoing Activities may be conducted with equipment provided
by Kanuga or that I provide myself. Engagement in the Activities may
include transportation to and from the site of the Activities. Such equipment and transportation are
included in the scope of “Activities” defined herein.
I understand and acknowledge that (a) there are inherent risks,
dangers and hazards in my participation in
any of the Activities; (b) my participation in any of the
Activities may result in injury, illness or loss, including,
without limitation, disease, bodily injury, strains, fractures,
partial or total paralysis, disability, or death; and
(c) these risks may be caused by the negligence of the
participants, the negligence of others, accidents,
breaches of contract, the forces of nature, or unforeseeable
risks.
I hereby assume
all risks and all responsibility for any losses
and/or damages in any way relating to my
participation in the Activities.
I understand and acknowledge that
participation in the Activities requires that the participant be of good
physical condition, and I hereby
represent that I am in good physical
condition and able to participate in the Activities.
I hereby waive,
release, and discharge
Kanuga (as defined
above, inclusive of CH North Carolina, LLC) and their respective affiliates from each and
every claim whatsoever relating to my participation in any of the Activities,
except for any claims that are the direct result of the gross negligence of
Kanuga.
I understand and agree that (a) the sole proper
venue for any dispute in which
Kanuga is a party and that may arise out of this Agreement, or
otherwise relate to my participation in any of the Activities, shall be Henderson County, North Carolina; (b) the
dispute shall be decided by binding arbitration. In the event that the Parties
mutually waive their rights to arbitration in writing and elect litigation, the
venue for any action shall be the Superior Court of Henderson County; (c) this Agreement shall be interpreted pursuant to the laws
of the State of North Carolina, which shall be controlling in all respects and
at all times.
I HAVE CAREFULLY READ AND UNDERSTAND THIS RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. BY SIGNING IT I AGREE TO RELEASE AND DISCHARGE KANUGA (AS DEFINED ABOVE) FROM ANY AND ALL LIABILITY FOR CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, SPECIAL DAMAGES, INDIRECT DAMAGES, AND WRONGFUL DEATH RELATING TO MY PARTICIPATION IN ANY OF THE ACTIVITIES, EXCEPT FOR ANY CLAIMS THAT ARE THE DIRECT RESULT OF THE GROSS NEGLIGENCE OF KANUGA.
PARENT OR GUARDIAN ADDITIONAL AGREEMENT
In consideration of minors named below being permitted to use the Retreat, Camp And Conference Center, I further agree to indemnify and hold harmless Kanuga Conferences, Inc. from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor.