DEVIL’S BACKBONE ADVENTURE RESORT RULES AND REGULATIONS

Reservations/Information:

(844) 549-0023

guestrelations@devilsbackbonewv.com

Hours may be found at devilsbackbonewv.com, but are typically

Monday-Saturday 8am-8pm and Sunday 10am-6pm

Security/After Hours Emergencies: (304) 542-7066

ALL GUESTS MUST SIGN THE WAIVER AGREEMENT TO STAY AT THE RESORT.

IF YOU DO NOT SIGN THE WAIVER AGREEMENT,

YOU WILL BE ASKED TO LEAVE THE RESORT.

CANCELLATION FEES WILL APPLY.

CHECK-IN/OUT

CHECK-IN/OUT TIME: Check-in time is 3:00 pm. Check-out time is no later than 11:00 am. There are no refunds/discounts for early departures.

CHECK-IN PROCEDURES: You will receive an email prior to your check-in date, which will include any codes you may need for your site. Please contact us prior to your arrival if you do not receive the gate code, as cell phone service is limited in the area.

• Check-in: 3:00 PM | Check-out: 11:00 AM

• No refunds for early departures

• Please check your pre-arrival email, which contains your gate and cabin codes

• Please call or email the Reservations Office if arriving after 8:00 PM for instructions

• Upon arrival:

Register at Backbone Co. Store (Heliport & cabins) or Reservations Office (camping & RV sites). RV guests may park at their site before checking in (please verify the site number is correct).

Provide ID and credit card

Register vehicle information for security purposes

Verify the number of guests in your party

ALL GUESTS must sign a resort waiver upon check-in

FEES

FEES AND PREPAID DEPOSITS: Reservations require at least a 50% deposit made by credit card or check to guarantee your reservation. This deposit must be received before the site is secured.

PLEASE INSPECT YOUR SITE UPON ARRIVAL AND REPORT ANY ISSUES AS SOON AS POSSIBLE.

• Any damage to resort property, whether accidental or willful, is the responsibility of the registered guest for each site.
• Damage or excessive filth may result in additional fees listed below.
• In extreme cases, criminal charges will be pursued.
• We will make every effort to rectify any damage internally prior to contracting specialists to make the repairs, and therefore will make every effort to keep any costs that the guest would incur to a minimum.
• Charges may also include nightly rates for the site(s) for the time spent fixing damages.
• Should any issues come to light after the guest has departed, we reserve the right to make a charge to the registered guest’s credit/debit card or send an invoice for the amount to the registered address.

Fee Type: EXCESSIVE CLEANING FEE

Amount: Beginning at $50, up to $300

Description: If sites are damaged or left with a need for excessive cleaning, the registered guest will be charged the corresponding excessive cleaning fees of $50 to $300. In the event a room is required to be placed out of order any additional night(s) so that it may be returned to our standards, a fee in the amount of our prevailing best available rate for those night(s) will be charged in addition to the accrued excessive cleaning fee.

Fee Type: BROKEN OR REMOVED ITEMS

Amount: Up to 120% of the cost to replace

Description: We reserve the right to charge the registered guest the cost of replacing any items that are removed from the premises without consent. The charge will be up to 120% of the full replacement amount of the missing item, including any shipping charges.

Fee Type: PET FEE

Amount: Up to $200

Description: Pets are only permitted at the Heliport, RV sites, and cabins 1-8. Any unauthorized pet will result in a fee of up to $200. Any damages or excessive cleaning due to a pet may result in additional fees listed below.

Fee Type: SMOKING FEE

Amount: Up to $300

Description: All building interiors are completely non-smoking. A smoking fee may be charged to the card on the account up to $300. Any additional charges resulting from deodorizing the property or other smoke-related SMOKING FEE Up to $300 maintenance shall be the financial responsibility of the registered guest of said site; this includes but is not limited to false alarms with the fire and police departments and lost revenue.

Fee Type: DAMAGE TO RESORT PROPERTY

Amount: Up to 120% of the cost to replace or repair

Description: Damage to rooms, fixtures, furnishings, structures, or equipment, including the removal of electronic equipment, towels, artwork, etc., will be charged up to 120% of the full and new replacement value, plus any shipping and handling charges.

Fee Type: VOMIT OR OTHER BODILY FLUIDS

Amount: Up to $200

CANCELLATION POLICY AND REFUNDS: We know that plans can go astray. However, we rely primarily on advance reservations and cancellations cannot always be filled. To be fair to all concerned, our policy is as follows:

Cancellation Prior to 21 Days

Heliport: $25 Fee

Cabins: $25 Fee

RV Rental & Deluxe Tent: $25

RV & Primitive Sites: $25

Cancellation 7-21 Days*

Heliport: *14-21 Days: $200 Fee

Cabins: $100 Fee

RV Rental & Deluxe Tent: $50 Fee

RV & Primitive Sites: $25 Fee

Cancellation 6 Days or Less*

Heliport: *14 Days or Less: Forfeit Full Deposit

Cabins: Forfeit Full Deposit

RV Rental & Deluxe Tent: Forfeit Full Deposit

RV & Primitive Sites: Forfeit Full Deposit

RESERVATION RESCHEDULES

Reschedule #1: No Fee

Reschedule #2 or More: $25 Fee per Reschedule

Rescheduling or removal of days within 14 days of your reservation will be subject to the cancellation policy above.

You may add days to a reservation at any time without penalty.

• Funds may be placed into a guest account to be used toward a later reservation.
• If funds were applied to the guest account instead of forfeiting a deposit, they may not be refunded for a future cancelled reservation.
• Guest account funds must be used within one year of being placed in the guest account, or the funds will be forfeited.

CHARGE BACKS: Guest will not claim any chargebacks or credits from his/her credit card company for any fees charged to his/her credit card, including but not limited to deposit, rental, or additional damage or security deposit fees.

RETURNED CHECK FEE: There is a $50.00 per check fee for all returned checks.

SAFETY/GUEST CONDUCT

SPEED: Speed is limited to 25 mph on the main resort road and 10 mph in guest and gravel areas. Speed limits are strictly enforced to ensure guest safety and reduce dust. No speeding or driving recklessly is permitted.

HELMETS: Helmets are required on the trails and throughout resort property

CAMPFIRES: Campfires are allowed only in designated areas and must be contained within the fire ring. All sites have fire rings, and there is firewood for sale at the Backbone Company Store. We enforce all local burn bans. Campfires must never be left unattended. Fireplaces/rings are not to be moved. Per state regulations, no outside firewood is permitted.

FIREWORKS: No fireworks are permitted anywhere on the resort property. Anyone possessing fireworks on the resort property will be evicted immediately, without a refund.

VEHICLES & TRAILERS: Each site will accommodate two vehicles and two trailers. Please contact our staff for additional trailer storage locations.

QUIET HOURS:

• Between the hours of 11:00 pm to 7:00 am, noise interfering with the peaceful enjoyment by occupants of adjoining sites is strictly prohibited.
• Children must be on their site, supervised by an appropriate adult, by 10:00 pm.
  
• Parents must always be responsible for the safety and actions of their children.
  
• Vandalism will not be tolerated.
• Riding after dark is not permitted within the resort.

FIREARMS: We encourage you not to bring firearms onto the resort property. Any guest who discharges a firearm on the resort property will be subject to immediate eviction, without a refund.

ALCOHOLIC BEVERAGES: Alcoholic beverages are permitted only at guests’ reserved sites. Alcohol consumption and open containers are not permitted in the common areas of the resort. Outside alcohol is not permitted in the restaurant or pool areas. Excessive use will not be tolerated. Underage drinking or drug use will be reported to the police, and offenders will be banned from the resort without refund.

DAMAGE/ VANDALISM/THEFT: Devil’s Backbone Adventure Resort and its owners and employees are not responsible for damage, vandalism, or theft of guests’ RV, vehicles, or other personal possessions.

DAMAGE/ VANDALISM/THEFT: Devil’s Backbone Adventure Resort and its owners and employees are not responsible

ACTS OF GOD: Devil’s Backbone Adventure Resort, its affiliates, owners, officers, and employees, are not liable for "Acts of God".

SMOKING: Smoking and vaping are strictly prohibited inside any resort building, including cabins, offices, stores, and restaurants. Guests must dispose of cigarette and cigar butts in the provided outdoor ashtrays. Additionally, smoking is not permitted within 15 feet of entrances to any office, store, or restaurant.

FIRE LIABILITY: Guests are fully liable for any fire caused by their machines, trailers, or vehicles, including ATVs, UTVs, dirt bikes, or transport vehicles. This includes any resulting damage to property, natural areas, or resort facilities. Guests are expected to inspect and maintain their equipment to prevent overheating, fluid leaks, or unsafe operation.

CABIN PORCH SAFETY: For the safety of all guests and preservation of our cabins, no fryers, grills, gas tanks, or open flames are permitted on cabin porches. Cooking appliances must be used only in designated outdoor areas.

GUEST CONDUCT: All guests are expected to behave respectfully and appropriately at all times. The following behaviors are strictly prohibited: excessive drinking or intoxication, Illegal drug use, lewd, violent, or threatening behavior, harassment or sexual harassment of any kind, unwanted physical contact with other guests or staff, disruptive or abusive language. Guests must maintain appropriate attire in all public areas. Stripping, streaking, or any form of public nudity is strictly prohibited. Violation of these rules may result in immediate eviction without refund and, if necessary, involvement of local law enforcement.

SIGNAGE: The display of political or offensive signs or banners is not permitted on resort property, including cabins, RV sites, and vehicles. We strive to maintain a welcoming and neutral environment for all guests.

PETS/WILDLIFE

PETS:

1. Pets are only permitted in the Heliport, cabins 1-8, and RV sites. Pets in cabins 9- 46 (without prior permission) are subject to additional charges.
2. Up to two dogs per site are allowed.
3. Any damage due to pets may be subject to additional fees.
4. All pets must always be on a leash no longer than 4 feet or remain tied on a strong, durable chain or rope that will not allow the pet to extend from a site in any direction. Children shall not be allowed to walk pets. Pets must never be left unattended outside.
5. All pet/dog droppings shall be the responsibility of the pet owner.
6. All pets must have proper papers for vaccinations, which must be presented at check-in. West Virginia law requires all pets (visiting or resident) to have a rabies vaccination and provide proof of rabies vaccination.
7. If any pet is creating a disturbance or being a nuisance, the pet shall immediately be removed at the request of the Manager.
8. No pets are allowed in the restrooms, except for service dogs.
9. Dogs must not be left unattended unless secured in a crate.
10. Pets must not be left unattended without proper climate control. In the event of a power outage, Devil’s Backbone Adventure Resort is not responsible or liable for any injury, illness, or death of pets left inside alone.
11. Visitors may not bring pets to the resort.

WILDLIFE: The resort is home to black bears and other wildlife that are known to frequent the resort. For the safety of our guests: 1) absolutely no feeding of black bears or wildlife, 2) remove all food items from outside areas, 3) place any trash in the provided bear-proof dumpster, 4) do not keep food in your trail vehicle, and 5) properly lock all food in appropriate locations.

TRASH

TRASH: DO NOT LEAVE TRASH OUT OVERNIGHT. Bear-proof dumpsters are located at designated locations throughout the resort. Please lock dumpster after disposing of trash.

GRAY WATER: The dumping of gray water on the ground is against the law. Anyone caught dumping gray water on the ground will be evicted immediately, without a refund.

MANAGEMENT RESERVES THE RIGHT TO AMEND OR MODIFY THESE RULES.

Devil’s Backbone Adventure Resort is a friendly, family-oriented resort. We reserve the right to eject anyone who does not comply with these Rules and Regulations, which are intended to make your stay more enjoyable.

ANYONE EJECTED FOR RULE VIOLATIONS WILL NOT RECEIVE ANY REFUND OR CHARGE BACK AND SHALL BE REQUIRED TO IMMEDIATELY VACATE THE SITE.

POOL RULES

You acknowledge that there is NO LIFEGUARD ON DUTY at the pool and you are responsible for your own safety and the safety of your minor children.

THE FOLLOWING RULES ARE STRICTLY ENFORCED. VIOLATIONS MAY RESULT IN IMMEDIATE REMOVAL FROM THE POOL AREA AND/OR THE RESORT.

1. No Running.

The pool deck may be slippery—please walk at all times.

2. No Diving or Jumping Off the Deck.

Our pool is designed for wading and swimming only. No roughhousing.

3. Children Must Be Supervised.

An adult must monitor young children at all times. There is no lifeguard on duty, so it is essential you have direct supervision. Unsupervised children will be asked to leave.

4. Ages 14+ May Swim Without an Adult

A signed parental release is required. If under 14, an adult must be in the pool area assuming the responsibility of their safety.

5. Swim Diapers Required for Toddlers.

Any fecal contamination may result in full pool closure for cleaning and/or draining of the pool.

6. No Long Breath-Holding Underwater.

This activity can be extremely dangerous and is strictly prohibited. People who hold their

breath while swimming or practicing breath-holding underwater in pools are at risk of “passing out” due to lack of oxygen. This is the leading cause of swimming-related drownings.

7. No Floatation Devices.

Personal floaties, rafts, inflatable dolls, and large inflatables are not allowed.

8. No Animals in the Pool Area.

This includes dogs. Service animals are permitted but not allowed in the pool. Dogs in swimming pools can be unsanitary, and their hair will clog the filter.

9. No Glass Bottles or Containers.

Glass breaks easily and poses a serious safety hazard.

10. Drink Responsibly.

Alcohol impairs judgment and increases the risk of drowning. Visibly intoxicated guests will be asked to leave.

11. No Outside Food, Beverages (Including Alcohol).

We invite you to enjoy refreshments from our on-site dining options. The prohibition of outside food & beverages will be strictly enforced.

HOT TUB RULES

1. Keep the water temperature for a hot tub between 98-104 degrees Fahrenheit. You may adjust the jets and lights as desired.
2. Do not use, or allow the hot tub to be used, alone.
3. Do not permit children under the age of eighteen (18) to use the hot tub unless they are closely always supervised. Unsupervised use by children is prohibited. In no case should children under the age of five (5) be permitted in the hot tub. Never leave children unattended in the vicinity of the hot tub.
4. Pregnant women and individuals under medical care (for such problems as heart disease, diabetes, high blood pressure, skin sensitivities, cardiac or circulatory problems) should consult their physician prior to using the hot tub. Never use the hot tub when taking anticoagulants, antihistamines, vasoconstrictors, vasodilators, stimulants, narcotics, or tranquilizers. In all cases, if you are not thoroughly familiar with the medication(s) that you are taking, please consult with your physician prior to using the hot tub.
5. Guest(s) with skin, ear, genital or other body infections, skin sores, or open wounds are not allowed to use the hot tub due to the possibility of spreading infection.
6. Please shower before and after using the hot tub. Showering before use removes lotions, deodorants, creams, and/or common skin bacteria which reduce the effectiveness of the sanitizing chemicals used to disinfect the hot tub water. The hot tub is professionally cleaned and maintained; please do not add any chemicals.
7. Always use caution when entering and exiting the hot tub. Surrounding patio/deck may be slippery and dangerous when wet.
8. Observe reasonable time limits to avoid nausea, dizziness, and fainting. Should you experience any of these symptoms, carefully exit the hot tub
9. Alcoholic beverages should not be consumed before or during hot tub use. The temperature of the water may intensify the effects of alcohol and cause drowsiness, dizziness, and/or unconsciousness.
10. Never use glass near or in the hot tub as broken glass can be a risk to a guest(s) who is/are barefoot and is very difficult to see within the hot tub.
11. Never sit, walk, climb, play, or jump on the cover of the hot tub. Never swim or play under the cover when it is installed on the hot tub.
12. Children must be supervised when they are in or around the hot tub. When the hot tub is not in use, the cover must be reinstalled in the proper position and secured, especially if there are any children in the vicinity. Do not rely on the cover as a way of keeping children out of the hot tub.
13. No diving or jumping into the hot tub.
14. Hot tub covers are easily damaged. The guest(s) agree(s) to inspect the hot tub cover for any damage upon arrival and report any problems to the owners immediately.
15. Absolutely no candles are allowed on or in the hot tub, no shoes are to be worn in the hot tub, and no electrical appliances are to be used in or near the hot tub.
16. Please do not turn off or unplug the hot tub. This can interfere with maintaining the cleanliness and temperature of the unit.
17. Do not add anything to the water, including foaming bubbles, chemicals, soaps, salts, bath oils, etc. If these items are used in the hot tubs, an additional cleaning fee will be assessed.
18. Guest(s) agree to leave the hot tub in the same condition it was received. If cleaning and/ or repairs are required due to negligence or abuse, guest(s) will be required to pay for the cleaning and/or repairs.

DEVIL’S BACKBONE ADVENTURE RESORT

RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISK, AND INDEMNITY

PLEASE READ T H I S CAREFULLY. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR MINOR CHILDREN, ARE RELEASING DEVIL’S BACKBONE ADVENTURE RESORT, LLC, ITS PARENT, AFFILIATES, MANAGER(S), DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES FROM ANY AND ALL LIABILITY AND CLAIMS.

The undersigned recognizes and fully understands certain things, including:

1. YOU ACKNOWLEDGE THAT THERE IS NO LIFEGUARD ON DUTY AT THE POOL OR HOT TUB. YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY AND THAT OF YOUR MINOR CHILDREN.

2. The use of the pool, pool area, or hot tub involves certain risks, including but not limited to:

• The risk of injury resulting from the possible malfunction of the pool equipment or hot tub equipment.
• The risk of injuries resulting from tripping or falling over obstacles in the pool area or hot tub area.
• The risk of other injuries resulting from participating in any action in the pool or hot tub.

3. Our ponds are not designed for human use. Swimming, wading, or entering the ponds is strictly prohibited. These areas are for viewing and enjoyment only.

The undersigned recognizes and fully understands that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming.

In exchange for the Devil’s Backbone Adventure Resort, LLC, allowing me/us to utilize the pool, pool area, and hot tub, I/we hereby agree to the conditions below. I/we fully intend and choose to give up the legal rights, as stated below:

A. TO WAIVE ANY AND ALL CLAIMS that I/we have or may in the future against Devil’s Backbone Adventure Resort, LLC, its parent, affiliates , its manager(s) directors, officers, employees, agents, or representatives (hereinafter referred to as the “Releasees”) relating to my use and the use of my minor children of the pool, pool area, and hot tub, WHICH I ACKNOWLEDGE HAS NO LIFEGUARD.

B. TO RELEASE THE RELEASEES from any and all liability for loss, damage, injury, death, expense, or other costs that I/we may suffer or that my/our minor child or children may suffer in connection with my/our/their use of the pool, pool area, and hot tub to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF ANY OF THE RELEASEES.

C. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, or personal injury, to any third party resulting from the use of the pool, the pool area, and the hot tub.

3. I/we am over the age of 18 and agree to adhere to all of the Devil’s Backbone Pool and Hot Tub Rules and Regulations.

4. This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Waiver is fully effective and shall be effective and binding upon me/us, and my/our heirs, next of kin, executors, administrators, and assigns, or anyone else authorized to act on my/our behalf or behalf of my/our individual estate(s).

5. I/we acknowledge receipt of a copy of the Devil’s Backbone Adventure Resort, LLC Pool and Hot Tub Rules and Regulations.

6. The undersigned has/have read and understands this document and had an opportunity to ask questions of a representative of Devil’s Backbone Adventure Resort, LLC, before signing. I/we am/are aware that by signing this document, I/we are waiving certain legal rights that I/we may have against the Releasees, and I/we by signing this Devil’s Backbone Adventure Resort Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity fully agree to do so.

DEVIL'S BACKBONE ADVENTURE RESORT

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

THIS IS A LEGAL DOCUMENT. READ IT CAREFULLY.

IN CONSIDERATION of being permitted to enter Devil's Backbone Adventure Resort and the Premises (defined below), and as a material inducement for the same, I/we, the undersigned individual(s), on behalf of ourselves and where applicable minors accompanying me/us, hereby willingly execute, deliver and enter into this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (this “Release and Waiver”) and agree as follows:

1. RELEASE OF LIABILITY: I/we hereby expressly and unconditionally FOREVER WAIVE, RELEASE AND DISCHARGE Devil’s Backbone Adventure Resort, LLC, Red Jacket Coal Company, LLC and Red Jacket Coal Company, LLC d/b/a/ Red Jacket Coal Operations, LLC, their respective direct and indirect parents, subsidiaries, affiliates and related entities, their respective successors and assigns, and the officers, directors, members, managers, owners, shareholders, equity holders, employees, agents and representatives of each of the foregoing (collectively, the “Devil’s Backbone Releasees” and each a “Devil’s Backbone Releasee”), from any and all claims, demands, civil actions, other actions, causes of action, damages, obligations and liabilities, of any kind ornature, whether now or hereafter known or unknown, including, without limitation, those arising from or relating to physical injury or illness or sickness (including, but not limited to, personal injury, illness or sickness, disability or death of myself/ourselves, my/our children or guardians and/or others), emotional injuries or property damage or property loss, that I/we or my/our heirs, estate, family members, distributees, guardians, legal representatives, successors or assigns now have, or may have in the future, based upon, arising out of or in any way connected with my/our presence or activity on or at Devil’s Backbone Adventure Resort or any property owned, leased, licensed or operated by any of the Devil’s Backbone Releasees (collectively, the “Premises”) or any property adjacent thereto or in the vicinity thereof, WHETHER ARISING OUT OF THE NEGLIGENCE OF ANY OF THE DEVIL’S BACKBONE RELEASEES, ANY OTHER PERSON OR ENTITY, OR OTHERWISE. Without limiting the foregoing, to the fullest extent permitted by law, I/we hereby expressly and unconditionally FOREVER WAIVE, RELEASE AND DISCHARGE each of the Devil’s Backbone Releasees from any and all claims, demands, civil actions, other actions, causes of action, damages, obligations and liabilities, of any kind or nature, whether now or hereafter known or unknown, that I/we or my/our heirs, estate, family members, distributees, guardians, legal representatives, successors or assigns now have, or may have in the future, based upon, arising out of or in any way attributable to its/their own negligence, gross negligence, reckless misconduct or intentional misconduct or the negligence, gross negligence, reckless misconduct or intentional misconduct of any other person or entity.

2. COVENANT NOT TO SUE: To the maximum extent permitted by law, I/we hereby further expressly and unconditionally FOREVER COVENANT AND AGREE not to sue, and not to bring or assert any claim, demand, civil action, other action or cause of action against, any of the Devil’s Backbone Releasees, based upon, arising out of or in any way connected with my/our presence or activity on or at Devil’s Backbone Adventure Resort or the Premises or any property adjacent thereto or in the vicinity thereof, including, without limitation, any claims, demands, civil actions, other actions or causes of action that I/we or my/our heirs, estate, family members, distributes, guardians, legal representatives, successors or assigns might now, or may have in the future, for physical injury or illness or sickness (including, but not limited to, personal injury, illness or sickness, disability or death of myself/ourselves, my/our children or guardians and/or others), emotional injuries or property damage or property loss, in each case, WHETHER ARISING OUT OF THE NEGLIGENCE OF ANY OF THE DEVIL’S BACKBONE RELEASEES, ANY OTHER PERSON OR ENTITY, OR OTHERWISE. Without limiting the foregoing, to the fullest extent permitted by law, I/we hereby expressly and unconditionally FOREVER COVENANT AND AGREE not to sue, and not to bring or assert any claim, demand, civil action, other action or cause of action against, any of the Devil’s Backbone Releasees based upon, arising out of or in any way connected with its/their own negligence, gross negligence, reckless misconduct or intentional misconduct or the negligence, gross negligence, reckless misconduct or intentional misconduct of any other person or entity.

3. ACKNOWLEDGMENT: I/we hereby acknowledge and agree that the foregoing waiver, release and discharge and the foregoing covenant and agreement not to sue and not to bring or assert claims against the Devil’s Backbone Releasees are intended to, and shall, extend to any and all claims, demands, civil actions, other actions, causes of action, damages, obligations and liabilities, of any kind or nature, whether now or hereafter known or unknown, including, without limitation, those arising from or relating to physical injury or illness or sickness (including, but not limited to, personal injury, illness or sickness, disability or death of myself/ourselves, my/our children or guardians and/or others), emotional injuries or property damage or property loss, that I/we or my/our heirs, estate, family members, distributees, guardians, legal representatives, successors or assigns now have, or may have in the future, based upon, arising out of or in any way connected with the negligence, gross negligence, reckless misconduct or intentional misconduct of any of the Devil’s Backbone Releasees or the negligence, gross negligence, reckless misconduct or intentional misconduct of any other person or entity (including, without limitation, any guests, patrons, lessees, licensees or invitees of any of the Devil’s Backbone Releasees or trespassers), in each case, to the fullest extent that the same may be waived or released by agreement under applicable law.

4. ASSUMPTION OF RISK: I/we expressly acknowledge and agree that my/our access of the Premises, use of the Premises and participation in activities on or at Devil’s Backbone Adventure Resort or the Premises or property adjacent thereto or in the vicinity thereof are AT MY/OUR OWN RISK. I/we understand there are inherent risks and other risks involved in any activity on or at Devil’s Backbone Adventure Resort, the Premises or property adjacent thereto or in the vicinity thereof which may involve the risk of serious injury, illness or sickness, disability, death and/or property damage or loss, including, without limitation, those caused by terrain, facilities, dangerous road and trail conditions, known or unknown hazards, foreseen and unforeseen hazards, observable or unobservable (or hidden) hazards, temperature, weather, lack of hydration, my/our own physical condition, the condition of vehicles or equipment used in activities, vehicular traffic, and actions, omissions, negligence, gross negligence, recklessness or intentional acts of others. I/we understand and acknowledge that such inherent risks and other risks may include, but are not limited to, (I) negligence, gross negligence, recklessness or intentional acts of others in, on or at Devil’s Backbone Adventure Resort, the Premises or property adjacent thereto or in the vicinity thereof, (ii) the operation of autos, trucks, recreational vehicles, off-road vehicles, all-terrain vehicles or any otherized motorized vehicles and activities related thereto which can constitute dangerous activities, (iii) industrial activities conducted by others in or around the area in the past or at present, including, without limitation, industrial activities relating to timbering, oil and gas drilling or extraction and surface or underground coal mining, (iv) observable or unobservable (or hidden) hazards or hazardous conditions, known and unknown, including, without limitation, holes, cracks or openings in the earth, land subsidence, fence wire, ponds, rivers, streams, wild and dangerous animals, venomous animals (such as spiders or snakes), stinging insects (such as hornets, wasps, bees and yellow jackets) and stinging insect nests (seen and unseen), steep and rocky or otherwise dangerous topography, rock cliffs, mining highwalls, loose ground, falling rocks, falling trees and tree branches, boulders, hidden or unseen tree stumps, rocks and branches on forest floor or in high grass fields, and other tough or dangerous terrain and natural or unnatural conditions, (v) other persons or entities participating in potentially dangerous activities (including, without limitation, the use of firearms, hunting bows, all-terrain vehicles, other vehicles or equipment), and (vi) other risks that may be dangerous and involve the risk of serious injury, illness or sickness, disability, death and/or property damage or loss. I/we further expressly acknowledge and agree that inherent risks and other risks also include failure of Devil's Backbone Releasees to warn me/us of a specific inherent risk or other risk and the risk that any injuries or illness or sickness that I/we may sustain may result from or be compounded by the actions or omissions of Devil’s Backbone Releasees or others, including, without limitation, negligent emergency response or rescue operations of Devil’s Backbone Releasees or others. Notwithstanding the risks, I/we acknowledge that I am/we are voluntarily accessing, entering and participating in activities at or on Devil’s Backbone Adventure Resort and the Premises with the knowledge of the danger involved, as a condition to being permitted to access and enter onto Devil’s Backbone Adventure Resort and the Premises, I/we hereby knowingly and freely FOREVERAGREE to ASSUME ALL RISKS, inherent and otherwise, known and unknown, in any way connected with my/our access of the Premises, use of the Premises and/or participation in any and all recreational activities on or at Devil’s Backbone Adventure Resort or the Premises or any property adjacent thereto or in the vicinity thereof, including but not limited to the risks of serious personal injuries, death, disability, illnesses or sickness and/or loss of or damage to personal property in each case, WHETHER ARISING OUT OF THE NEGLIGENCE OF ANY OF THE DEVIL’S BACKBONE RELEASEES, ANY OTHER PERSON OR ENTITY, OR OTHERWISE. Without limiting the foregoing, to the fullest extent permitted by law,I/we assume all risks caused by the negligence, gross negligence, reckless misconduct or intentional misconduct of any Devil’s Backbone Releasees or the negligence, gross negligence, reckless misconduct or intentional misconduct of any other person or entity.

5. INDEMNITY: I/we agree to, and I/we shall, to the maximum extent allowed by law, DEFEND, INDEMNIFY AND HOLD HARMLESS each and all of the Devil's Backbone Releasees from and against any and all losses, damages, liabilities, obligations, deficiencies, claims, civil actions, other actions, causes of action, judgments, settlements, interest, awards, penalties, fines, costs or expenses, of whatever kind or nature (including, without limitation, reasonable attorneys’ fees), the costs of enforcing any right to indemnification under this Release and Waiver, and the cost of pursuing any insurance providers (collectively, “Claims and Losses”), incurred by any of the Devil’s Backbone Releasees, arising out of, resulting from or relating to (i) any claim or cause of action, including, without limitation, for any injuries, sickness or illness, death, losses or damages of any kind that have been waived, released or discharged by this Release and Waiver, or (ii) any claims or demands of any third party (including, without limitation, any other Devil’s Backbone Releasees, any invitees of the any Devil’s Backbone Releasees, or any of my children or guardians) relating to my/our being at or on Devil’s Backbone Adventure Resort or the Premises or any property adjacent thereto or in the vicinity thereof or my participation in any activities thereon, including, but not limited to, any claims or demands relating to my/our negligence, gross negligence, reckless misconduct, willful misconduct or breach of any of the terms or conditions of this Release and Waiver or any claims or demands relating to the negligence, gross negligence, reckless misconduct or willful misconduct of any other person or entity (including, without limitation, any guests, patrons, lessees, licensees or invitees of any of the Devil’s Backbone Releasees or trespassers). That by indemnifying the Devil's Backbone Releasees, should it be necessary for any Devil's Backbone Releasees, to incur attorney's fees and costs to enforce this agreement, or any portion thereof, I/we voluntarily agree to pay such Devil’s Backbone Releasees reasonable costs and attorney's fees arising therefrom. Without limiting the foregoing, to the fullest extent permitted by law, I/we intend and agree to defend, indemnify, and hold harmless each and all of the Devil's Backbone Releasees from any and all Claims and Losses arising out of, resulting from or relating to its or their own negligence. Further, without limiting the foregoing, to the fullest extent permitted by law, I/we intend and agree to defend, indemnify, and hold harmless each and all of the Devil's Backbone Releasees from any and all Claims and Losses arising out of, resulting from or relating to its or their own gross negligence, reckless misconduct or intentional misconduct.

6. DURATION OF AGREEMENT: I/we agree that this Release and Waiver, and the provisions hereof, do NOT merely apply to my entry visit to Devil’s Backbone Adventure Resort and entry upon the Premises on the date that I/we signed this Release and Waiver and shall instead be considered a continuing waiver, release, assumption of risk, covenant not to sue and indemnity agreement and shall be effective from the date signed and SHALL CONTINUE FOR ALL FUTURE VISITS TO DEVIL’S BACKBONE ADVENTURE RESORT OR THE PREMISES AND ALL FUTURE ACTIVITIES BY ME THEREON OR ON ANY PROPERTY ADJACENT THERETO OR IN THE VICINITY THEREOF. To that end, and without limiting any of the provisions of this Release and Waiver or the provisions hereof or the future application thereof, I/we release my/our right to sue any Devil's Backbone Releasees in relation to any incidents related to any future visits to Devil’s Backbone Adventure Resort or the Premises or any future activities conducted thereon or on property adjacent thereto or in the vicinity thereof.

7. ENTRY ON PREMISES: I/we understand and agree that my/our signing and entering into this Release and Waiver does NOT give me the right to visit Devil’s Backbone Adventure Resort or to enter onto the Premises or any portion thereof, or to participate in any activities thereon, without the express permission of the owners or operators thereof. I/we will only enter onto the areas of the Premises permitted by the owners or operators thereof, and I will only do so on such days and at such times as permitted by said owners or operators. In the event that any of said owners or operators at any time asks me to leave the Premises or any portion thereof, I will promptly do so. In the event that any of said owners or operators asks me to cease any or all activities on the Premises, I will immediately cease from engaging in such activities.

8. RULES: I/we agree to strictly comply with all rules, terms, and conditions for participation in any and all activities at Devil’s Backbone Adventure Resort or on the Premises. I/we acknowledge that I/we have had available to me a copy of the rules and regulations of Devil's Backbone Adventure Resort and posted throughout the Premises. To the extent that I/we bring any minors under the age of 18 onto the Premises, such minor shall remain under my/or immediate supervision and within my sight at all times. If I/we observe any unusual hazard during my presence or participation, I/we will remove myself from participation and immediately bring such danger to the attention of an employee of Devil's Backbone Adventure Resort. I/we understand and acknowledge that no inappropriate conduct will be tolerated and that offenders may be required to leave, and no refunds will be given. I/we acknowledge and agree that the attendant on duty has sole discretion to determine compliance with the foregoing.

9. NO OBLIGATION OF DEVIL’S BACKBONE RELEASEES: I/we acknowledge and agree that, to the fullest extent permitted by law, (a) I/we shall be solely responsible for my/our own safety and the safety of any children or minors that I/we bring to Devil’s Backbone Adventure Resort or on the Premises, (b) I/we shall have the sole individual responsibility for knowing the range of my/our own ability to participate in or perform any activities which I/we perform at Devil’s Backbone Adventure Resort or on the Premises, (c) I/we shall have the sole individual duty to act within the limits of my/our own ability, to heed all warnings, and to follow all pertinent safety protocols while at Devil’s Backbone Adventure Resort or on the Premises, (d) the Devil’s Backbone Releasees shall not have any duty to warn me of any dangers or hazards at Devil’s Backbone Adventure Resort or on the Premises (whether known or unknown, foreseen or unforeseen or hidden or observable), (e) the Devil’s Backbone Releasees shall have no duty to inspect, repair or keep in good and safe working condition any equipment, facilities or vehicles (including, without limitation, all-terrain vehicles) used by me or others at Devil’s Backbone Adventure Resort or on the Premises, and (f) the Devil’s Backbone Releases shall have no duty to make any efforts to determine my ability or any other person’s or entity’s ability to safely engage in any activities, to prevent me or any other person or entity from engaging in any negligent or reckless behavior or willful misconduct, to establish any safety rules, measures or protocols at Devil’s Backbone Adventure Resort or on the Premises, or to enforce compliance with any such rules, measures or protocols or any other rules, terms and conditions for participation established by or on behalf of any Devil’s Backbone Releasees.

10. INVOLVEMENT IN ACCIDENTS: In the event that I am/we are involved in an accident at Devil’s Backbone Adventure Resort or on the Premises, I/we agree that I/we will not depart from the Premises without (a) leaving personal identification information, including my/our name, address and telephone number, and information about the accident, (b) notifying the proper authorities, and (c) obtaining assistance when I/we know or reasonably should know that any other person involved in the accident is in need of medical or other assistance, in each case, except in the event that I/we require immediate medical attention, in which event I/we agree to provide personal identification information and information about the accident as soon as possible.

11. MEDICAL TREATMENT: I/we hereby consent to receive any and all medical treatment deemed necessary if I am/we are injured or require medical attention while at Devil’s Backbone Adventure Resort or on the Premises. I/we understand and agree that I am/we are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I/we hereby RELEASE, FOREVER DISCHARGE, and HOLD HARMLESS each of the Devil’s Backbone Releasees from any claim based on such treatment or other medical services. Notwithstanding the foregoing, and without limiting any of the provisions of this Release and Waiver, I/we expressly agree that none of the Devil’s Backbone Releasees shall have any duty or obligation to discover or determine that I/we need any such medical treatment or to provide or arrange for any such medical treatment, and I/we RELEASE, FOREVER DISCHARGE and HOLD HARMLESS each of the Devil’s Backbone Releasees from any such duty or obligation and any claims or liability relating thereto.

12. HEADINGS: The headings contained in this Release and Waiver are for reference purposes only and do not affect in any way the meaning or interpretation of this Release and Waiver.

13. ENTIRE AGREEMENT: I/we agree that this contract contains the entire agreement between the parties and supersedes any prior discussions or agreements, written or oral. 

14. BINDING EFFECT: This Release and Waiver is binding upon and shall inure to the benefit of (i) me/us and my/our heirs, estate, family members, distributees, guardians, executors, personal representatives, and successors and assigns and (ii) each of the Devil’s Backbone Releasees and their respective successors and assigns. I/we acknowledge and agree that I/we may not assign this Release and Waiver, or any of my/our rights or obligations hereunder, to any person or entity without the express written consent of both Devil’s Backbone Adventure Resort, LLC and Red Jacket Coal Company, LLC (or Red Jacket Coal Company, LLC d/b/a/ Red Jacket Coal Operations, LLC), or their respective successors or assigns (if applicable), and any attempt to do so shall be null and void.

15. NATURE OF AGREEMENT. I/we expressly agree that I/we intend this Release and Waiver to be as broad and inclusive as permitted by law. I/we acknowledge and agree that this Release and Waiver and the provisions hereof are intended to be, and are, in addition to, and not in substitution of, any applicable statutes of the State of West Virginia that may limit the duty of care owed by any of the Devil’s Backbone Releasees or limit the liability of any of the Devil’s Backbone Releasees. I/we expressly agree that, to the extent that any such statute is applicable to my/our being at or on Devil’s Backbone Adventure Resort or the Premises or property adjacent thereto or in the vicinity thereof, or any activities conducted by me/us thereon, this Release and Waiver shall not limit or be limited by any such statute, and shall instead apply in addition to such statute, to the fullest extent permissible by applicable law, to the end that each of the Devil’s Backbone Releasees is afforded the greatest protection from liability available hereunder or under applicable law or in equity.

16. SEVERABILITY: If any provision of this Release and Waiver is found unenforceable or invalid, in whole or in part, including, without limitation, for being contrary to public policy, the portion of the provision so found to be unenforceable or invalid shall be severed from the contract and the remainder of the contract shall remain in full force and effect and shall be enforceable to the fullest extent permitted by law.

17. GOVERNING LAW: I/we intend and agree that this agreement shall be governed by West Virginia law, and shall be binding upon my/our heirs, agents, descendants, dependents, executors, administrators, assigns, successors and representatives.

18. ARBITRATION: Unless otherwise waived by all applicable parties in writing, any dispute or controversy arising under or in connection with this Release and Waiver shall be settled exclusively by arbitration, conducted before a single arbitrator in Charleston, West Virginia (or at another suitable location agreed upon by the parties), in accordance with the rules of the American Arbitration Association then in effect, which are incorporated herein by reference and available at https://www.adr.org/active-rules. Judgment may be entered on the arbitrator’s award in the Circuit Court of Mingo County, West Virginia, or, if jurisdiction can be established, the federal courts for the Southern District of West Virginia located in Kanawha County, West Virginia. Nothing contained herein shall prevent any Devil’s Backbone Releasee or any other person or entity from obtaining an injunction or similar equitable relief.

DELEGATION PROVISION: The Arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability or application of this Release and Waiver and the agreement to arbitrate contained herein, including but not limited to the determination of the scope and/or arbitrability of any such dispute.

19. CHOICE OF FORUM: Subject to the provisions of Section 18 above, if the parties choose to waive arbitration, any claim or lawsuit brought to enforce the terms of this agreement shall be brought exclusively in the Circuit Court of Mingo County, West Virginia, or, if jurisdiction can be established, the federal courts for the Southern District of West Virginia located in Kanawha County, West Virginia, and I/we hereby consent to the exclusive jurisdiction of such courts.

20. WAIVER OF JURY TRIAL: WITHOUT LIMITING THE PROVISIONS OF SECTION 18 ABOVE, TO THE FULLEST EXTENT PERMITTED BY LAW, I/WE HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, DISPUTE OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS RELEASE AND WAIVER, ANY MATTERS RELATING HERETO OR MY VISIT TO DEVIL’S BACKBONE ADVENTURE RESORT OR ENTRY UPON THE PREMISES OR ANY ACTIVITIES THEREON OR ON PROPERTY ADJACENT THERETO OR IN THE VICINITY THEREOF.

21. COUNTERPARTS; ELECTRONIC SIGNATURES. This Release and Waiver may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Release and Waiver, and all of which together will be deemed to constitute one and the same agreement. Any electronic signature to this Release and Waiver, any signature to this Release and Waiver delivered by facsimile, email or other electronic means, and any copy of this Release and Waiver stored electronically and printed, shall all be considered originals and binding on all parties for all purposes.

22. MINORS; THIRD-PARTY BENEFICIARIES. To the extent that I/we am/are executing this Release and Waiver as the parent/guardian of an accompanying minor(s), the parties acknowledge and agree that any such accompanying minor(s) is a third-party beneficiary to this Release and Waiver, and the parties intend to confer upon the minor(s) the benefit of accessing and using the Premises, which the minor(s) would not otherwise be permitted to do without the execution and application of this Release and Waiver.

EACH OF THE UNDERSIGNED ACKNOWLEDGES THAT DEVIL’S BACKBONE ADVENTURE RESORT ONLY PERMITS ACCESS TO ITS PREMISES AND ACTIVITIES IF A VALID, ACCURATE RELEASE AND WAIVER IS ON FILE, AND THAT IF ANY INFORMATION PROVIDED ON THIS RELEASE AND WAIVER IS FALSE OR INACCURATE, ACCESS AND PERMISSION TO THE PREMISES IS IMMEDIATELY REVOKED.

EACH OF THE UNDERSIGNED ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTANDS AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.

IN WITNESS WHEREOF, each of the undersigned has duly executed this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement as of the date set forth below.

By singing below, I acknowledge that I have read and understand all of the terms of this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement and that I am voluntarily giving up substantial legal rights, including, without limitation, the right to sue the Devil’s Backbone Releasees.

By signing below, I acknowledge that I am at least eighteen (18) years of age and fully competent and have signed this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement freely and without any inducement, assurance or guarantee being made to me.

Today's Date: October 5, 2025