THRID PARTY RELEASE
RELEASE OF LIABILITY, WAIVER OF CLAIMS, 
ASSUMPTION OF RISK, COVENANT NOT TO SUE AND 
HOLD HARMLESS AGREEMENT

             What you are about to read and are requested to sign is a waiver and release of liability.  Upon signing it, you will give up your right to sue CLEARLY TAHOE, LLC, a Nevada limited liability company (hereinafter “CLEARLY TAHOE”), EDGEWOOD TAHOE, the operator of a lodge located at 100 Lake Parkway in Stateline Nevada (hereinafter “EDGEWOOD”), the state of NEVADA, the NEVADA STATE PARKS or anyone associated with CLEARLY TAHOE, EDGEWOOD or NEVADA STATE PARKS such as its agents, owners, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (hereinafter “Released Parties”) for injuries or losses you suffer while using CLEARLY TAHOE equipment or facilities.  In short, you cannot recover any money from CLEARLY TAHOE or the Released Parties if you are hurt while participating in activities utilizing any CLEARLY TAHOE equipment or facilities.

Please take your time and read this agreement very carefully. When you are certain that you understand and agree to each paragraph, sign in the space provided.

“YOU” AND “I,” AS USED HEREIN, INCLUDES THE PARTICIPANT AS WELL AS HIS OR HER HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS, INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS.  BY SIGNING THIS AGREEMENT, YOU ARE SIGNING ON BEHALF OF THE ABOVE-LISTED PERSONS AND YOUR SIGNATURE SHALL BE CONSIDERED BINDING UPON THEM.

YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES ORGANIZED BY CLEARLY TAHOE
WITHOUT THE SIGNED WAIVER.

I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES, AND ASSIGNS FROM SUINGCLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES ORGANIZED BY CLEARLY TAHOE.

1. Outdoor activities, including but limited to kayaking, hiking, camping and/or outdoor activities, are dangerous and I ASSUME ALL  RISKS, whether known or unknown, of injury, including death, illness or damage to my property.  I understand that there is a significant risk of serious physical injury, death or other damages inherent in my participation in activities organized and lead by CLEARLY TAHOE.  Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees or agents of CLEARLY TAHOE or other parties, as well as the risks normally associated with outdoor endeavors.  There is no way to eliminate the risk of serious harm or death.  I understand that my participation in CLEARLY TAHOE’s activities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prepare me for all dangers and risks associated with kayaking, hiking, camping and/or outdoor activities.  I certify that I understand kayaking, hiking, camping and/or outdoor activities exposes me to a high risk of injury or accident.  I knowingly and voluntarily assume all risks, whether known or unknown, of paralysis, injury, illness, death or damage of whatever kind arising out of my participation in any such activity organized by CLEARLY TAHOE.

2. Release of liability, WAIVER OF CLAIMS, ASSUMPTION OF RISK and hold harmless agreement is given in consideration for my participation.  I recognize that CLEARLY TAHOE could not offer this activity without obtaining a release of liability.  In consideration of, and part payment for the right to participate in this activity, I release CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS and anyone associated with CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS including without limitation its officers, directors, staff, instructors, members, agents, guests and third parties as well as the released parties enumerated elsewhere in this document, from all liability, and knowingly, intentionally and voluntarily waive all claims, demands or causes of action of any king whatsoever, including but not limited to claims of negligence, which may arise as a result of my participation in a CLEARLY TAHOE sponsored activity or from use of CLEARLY TAHOE equipment.

3. Covenant not to sue is given in consideration for my participation in CLEARLY TAHOE activities and use of CLEARLY TAHOE  equipment.  Additionally, in consideration of any part payment for my right to participate in CLEARLY TAHOE sponsored activities and use of CLEARLY TAHOE equipment, I will not sue CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS or anyone associated with CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS including without limitation its officers, directors, employees, instructors, members, agents and guests, as well as the released parties enumerated elsewhere in this document, for any injuries, illness, death, damages or other relief that I may claim that arise out of my participation in a CLEARLY TAHOE sponsored activity or from use of CLEARLY TAHOE equipment.

4. I will protect CLEARLY TAHOE, EDGEWOOD and NEVADA STATE PARKS from liability.  I agree to defend, protect, indemnify, and hold harmless CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS its officers, directors, members, instructors, employees, agents and guests, as well as the released parties enumerated elsewhere in this document, from and against any and all claims, suits, actions at law or in equity (including but not limited to claims of negligence), for damages or other relief and against any liability of any nature, together with attorneys’ fees and costs incurred, that may arise out of my use of CLEARLY TAHOE equipment or participation in a CLEARLY TAHOE sponsored activity.  I agree to pay CLEARLY TAHOE, EDGEWOOD and NEVADA STATE PARKS’s reasonable attorneys’ fees and costs if I bring a suit for injuries suffered at a CLEARLY TAHOE sponsored activity and that action is unsuccessful, in whole or in part.

5. I agree to abide by all CLEARLY TAHOE, EDGEWOOD and NEVADA STATE PARK rules.  I agree to abide by all CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS rules contained in written form as well as verbal directions that may be given by CLEARLY TAHOE staff or employees.

6. I am physically qualified to participate. I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use CLEARLY TAHOE facilities.  I agree to inform CLEARLY TAHOE of any conditions that may have any effect on my ability to fully and safely participate in a CLEARLY TAHOE sponsored activity, so that a determination can be made as to the proper course of action.

7. Other Provisions.  This agreement constitutes the complete and sole agreement between me and CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS, its officers, directors, instructors, employees, agents, members and guests and all others associated with CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS.  Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding.  INDIVIDUAL OFFICERS, DIRECTORS, CLEARLY TAHOE MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING.  This agreement covers my participation in all CLEARLY TAHOE activities and all associated events.

8. Venue and Jurisdiction.  THE LAWS OF THE STATE OF NEVADA SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE IN DOUGLAS COUNTY, NEVADA.

9. Severability.  If for any reason a provision of this Agreement is found to be unenforceable, the offending provision may be amended to the extent necessary to conform to applicable law, or, if it cannot be so amended without materially altering the intention of the Parties, it shall be severed here from.  In either event, the remainder of the Agreement shall continue in full force and effect.

I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS.  THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS.  I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.
 

Edgewood Tahoe
Release And Waiver for Activities Offered by Third Parties
Please Read Completely and Carefully Before Signing

All guests of Edgewood Tahoe who are 18 years of age and older must sign and deliver this Release and Waiver and the parent or legal guardian of any minor children under the age of 18 participating in any activities must sign and deliver this Release and Waiver on behalf of such minor children, in each case, prior to participating in any activities. These activities include the rental of boats, personal water craft, paddle boards and other water sports equipment, bicycles, skis, sleds, snowmobiles and other winter sports equipment, activities such parasailing, fishing charters or touring and other services that may from time to time be offered at Edgewood Tahoe through third party vendors at Edgewood Lodge.  

Edgewood Tahoe makes these various activities available to its guest at the Edgewood Lodge. Edgewood Tahoe does not own, manage or operate these activities. The activities are made available at Edgewood Lodge as a convenience for our guests.  By participating in any of these activities you assume all risks associated with the activities. As a condition for our guests to participate in any such activities, our guests must acknowledge and assume these risks and agree to release and waive all claims against Edgewood Tahoe by signing this Release and Waiver and delivering the fully executed Release and Waiver to the Edgewood Lodge representative. 

THE UNDERSIGNED FOR THEMSELVES AND, AS INDICATED BELOW, AS THE PARENT OR LEGAL GUARDIAN OF THE IDENTIFIED MINOR CHILD(REN), HEREBY COVENANT AND AGREE AS FOLLOWS: 

I understand, acknowledge and agree that the activities at Edgewood Tahoe may involve risks, including, but not limited to, injury, accidents, illness, death, and loss or damage to property.   In consideration of participating in any of these activities at Edgewood Tahoe, I agree to, to the fullest extent permitted by law, and do hereby (i) assume all of the risks of injury, accidents, illness, death, and loss or damage to property arising from or in connection with any of the activities; and (ii) release, and shall defend, and hold harmless Edgewood Companies, a Nevada corporation, doing business as Edgewood Tahoe, and its subsidiaries and affiliates, agents, officers, directors, owners, contractors and employees (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, fees, costs, expenses, damages, or liabilities of whatever kind or nature, that I and/or my child(ren) might claim against the Released Parties as a result of any injury, accidents, illness, death, or loss or damage to property arising form, related to or in connection with any of the activities.  I also agree to indemnify and hold harmless the Released Parties for any and all claims, demands, actions, causes of action, fees, costs, expenses, damages, or liabilities of whatever kind or nature, brought by any third party, arising from, related to or in connection with the activities or my or my child(ren)’s participation therein.

I represent to Edgewood Tahoe that the undersigned has the power, authority and capacity to sign and deliver this Release and Waiver for myself and the identified minor child(ren) and that this Release and Waiver is a valid and binding agreement, enforceable against me in accordance with its terms. 

I further understand, acknowledge and agree that the activities at the Edgewood Lodge are offered by independent contractors who are solely responsible for the means, manner and method of delivering the activities through their own employees and equipment and any claims to the contrary are hereby waived and released. 

I further acknowledge and agree that although payment and scheduling for the activities may be processed by and paid to Edgewood Tahoe, such scheduling and payment processing provided by Edgewood Tahoe is provided merely as an administrative convenience to improve the guest experience and in no way creates any duty or obligation on the part of Edgewood Tahoe or any implication contrary to or limitation of the provisions set forth in this Release and Waiver and any such claims to the contrary are hereby waived and released.

I further understand and acknowledge that the activities made available to me at Edgewood Tahoe are not unique and are available elsewhere in the South Lake Tahoe area and that knowing this I am electing to participate in the activities offered at the Edgewood Lodge for my convenience and, knowingly and without duress or coercion of kind, voluntarily enter into this Release and Waiver.

I understand and agree that Edgewood Tahoe is relying on this Release and Waiver and the truth and accuracy of my representations, understandings, acknowledgements and agreements set forth herein and that my and my child(ren)’s participation in the activities would not have been permitted by Edgewood Tahoe upon such truth and accuracy and the signing and delivery of this Release and Waiver.

This Release and Waiver shall be governed by and construed in accordance with the provisions of Nevada law, excluding therefrom such provisions on conflicts of laws. I hereby expressly waive and relinquish any and all rights and benefits afforded by any statute, which provides, for example, rights the same as or similar to the following:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Without in any way limiting the provisions of this Release and Waiver, I agree that should I or my child(ren) or any parent or guardian thereof have any claim or cause of action arising in whole or in part from any activities or this Release and Waiver, that I waive my right to file suit in any court and agree to have all such claims submitted exclusively (i) to mediation exclusively in Douglas County, Nevada pursuant to the rules of the American Arbitration Association, Commercial Arbitration Rules and Mediation Procedures and, (ii) if such mediation is unsuccessful, to arbitration, exclusively in Douglas County, Nevada pursuant to the rules of the American Arbitration Association, Commercial Arbitration Rules and Mediation Procedures and the prevailing party (as determined by the arbitrator) in any such arbitration shall be entitled to an award of all of its fees (including, without limitation, attorneys’ fees), costs and expenses.

This Release and Waiver is irrevocable and shall be binding on me, my and my child(ren)’s estate, heirs, representatives, administrators, successors and assigns. If any provision of this Release and Waiver is found by a court of competent jurisdiction to be invalid or enforceable, such provision or portion thereof shall be reformed to the extent necessary to make it valid and enforceable or, if not so reformed, the remaining provisions of this Release and Waiver shall survive and continue to valid and enforceable.

I HAVE CAREFULLY READ THE FOREGOING RELEASE AND WAIVER, UNDERSTAND ITS CONTENTS AND ACCEPT ITS TERMS. I HEREBY SIGN THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.