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Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement

I agree, and shall cause my children, invitees and guests, to abide by the Fortland Rules, including those rules and policies published at fortlandmaine.com, posted at the Premises or otherwise communicated in any manner by Fortland staff or management.

I further understand and agree that Fortland does not give credit or refunds due to the discomforts of nature. Fortland's refund policy varies, depending on the timing of the cancellation notice in advance of the reservation date, as follows:

You must be at least 21 years old to reserve a yurt/tent. If a reservation is canceled more than 30 days prior to the arrival date we issue a full refund, minus the non-refundable $100 administrative fee; or Fortland Credit in the full amount can be elected. For a cancellation of a reservation more than 21 days, but less than 4 weeks, prior to the arrival date we issue Fortland Credit for 50% of the payment and the balance is forfeited. For a reservation canceled less than 21 days prior to the arrival date, the full amount of the reservation payment is forfeited to Fortland. View cabin rules and policies here.

Fortland Credit can only be redeemed in the same calendar year as the canceled reservation and can only be applied toward your site or yurt/tent rental. For reservations paid with a credit card, cash refunds will be credited to the credit card on file with respect to reservation.

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

I acknowledge that I wish to utilize and enjoy the premises on House Island operated by Fortland, LLC (“Fortland”) and its natural surroundings (“the Premises”). As consideration of my use of the Premises, I acknowledge and agree to the following:

I am aware that outdoor activities (such as swimming and hiking) and the use of any equipment, shelter, or other facilities (including but not limited to trails, docks, tents, yurts, campfires, and grills) can be hazardous. I am also aware that natural occurrences (such as lightning, high winds, rainstorms, and flash floods) and wildlife (including birds, marine life, and other animals) can be unpredictable and dangerous, and that interacting with and/or consuming animals, vegetation, water, and other substances found on or around the Premises can be harmful.

I acknowledge that I will follow any guidelines and/or instructions that Fortland or its staff/management may provide orally or in writing. I agree to stay on maintained trails, follow directions on any posted signs to stay on paths. I understand that adhering to or abiding by such rules, regulations, guidelines, or instructions does not guarantee my safety. I hereby assume all risks of injury, loss of life, and damage to persons or property.

I hereby release, waive, discharge and covenant not to sue the Fortland or its staff/management for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property arising out of or related to my use of the Premises, whether caused by the negligence of the Fortland or its staff/management or otherwise.

I further release, indemnify, and hold harmless Fortland, its owners, employees, agents, representatives and/or contractors engaged to work on the Premises (“Fortland or its staff/management”) from and against any and all liabilities, claims, demands, costs, losses, expenses, or compensation of whatever nature in connection with any loss, damage, or injuries to persons and property caused or sustained by me, members of my family, and/or other guests, whether caused by the negligence of the Fortland or its staff/management or otherwise. I hereby agree that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Fortland or its staff/management and is intended to be as broad and inclusive as is permitted by the laws of the State of Maine.

I assume all risks and responsibilities for the safety and well-being of myself and all persons registered in my party, including of minor child(ren) that accompany me to the Premises and am entering into this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement on behalf of all persons registered in my party, including minor child(ren), with the intent that its provisions apply to the maximum extent allowable under the laws of the State of Maine. I agree that any dispute regarding my use of the Premises or relating to this Agreement shall be construed according to the laws of the State of Maine without regard to conflicts-of-laws principles, and any suit relating to my use of the Premises or relating to this Agreement shall be heard in courts located in Cumberland County in the State of Maine.

In the event I become incapacitated or am unable to give instructions or otherwise make my wishes known, I give the Fortland or its staff/management and any of their agents, representatives, or other persons acting on their behalf, full power and authority to make any decisions, contact any persons, or otherwise perform any actions that they may deem necessary and appropriate under the circumstances. I specifically understand and acknowledge that my giving of such authority does not create any obligation on the Fortland or its staff/management to make any decisions, contact any persons, or otherwise perform any actions on my behalf. I hereby release, indemnify, and hold harmless the Fortland or its staff/management from and against any and all liabilities, claims, demands, costs, losses, expenses, or compensation of whatever nature in connection with any action taken or not taken by them on my behalf.

This Liability Waiver and Indemnity is binding on me, my heirs, agents, personal representatives, successors, assigns, and other persons acting or purporting to act on my behalf. My estate or I will reimburse Fortland for any and all costs and attorneys' fees in defending any lawsuits or claims filed by me or on my behalf.

The Premises are privately owned and FORTLAND MANAGEMENT RESERVES THE RIGHT TO REFUSE SERVICE to anyone for any reason except for those prohibited by law. Fortland Management reserves the right to require any person or party it deems necessary to leave the campground based on violations of Fortland Rules or behavior management deems inappropriate or disturbing to others. Harassment or mistreatment of our staff or other guests, including but not limited to, racist comments or hate speech, will not be tolerated under any circumstances.

On behalf of each person in my party, I grant Fortland and its affiliated entities and promotional partners the right to include any photographic, video and other visual portrayals of each person in my party in any medium and for any purpose.

ADDITIONAL TERMS FOR YURTS & TENTS:

I understand and agree as follows: At departure, the yurt/tent site is to be left in a reasonably clean condition and all kitchenware (such as pots, pans, silverware, plates, glasses etc) are to be washed and returned to the bin they were provided in, Fortland Management may charge my credit card with a $125 cleaning fee. I understand and agree that if I leave the rental unit in an unreasonably filthy condition or smoke in a rental unit, Fortland Management may charge my credit card for the cost to professionally clean the rental unit ($500 minimum charge).

All damages to the yurt/tent, whether caused by myself, my children, guests or pets, will be disclosed to the registration office immediately or at checkout. All damages occurring to the rental unit during my stay will be charged to my credit card after a thorough inspection has been made by Fortland Management. Damages for which I will be responsible include, but are not limited to: broken or missing items, discharged fire extinguishers (if not used for a fire), damaged/dented furniture, cabinetry or dishes, stained or torn bedding.

Acknowledgment. By signing below, I acknowledge that I have read the foregoing Assumption of Risk & Release and fully understand its provisions and implications. My execution of this Release is entirely voluntary and intended to be binding on my heirs, executors, legal representatives and assigns.

I have read this Terms of Service and understand that it is my responsibility to ensure that my guests and invitees also comply with the Rules. Failure to adhere to the policies and rules set forth herein may result in my removal from the premises without a refund.

In light of the global pandemic associated with COVID-19, everyone shares in the obligation to observe certain requirements and guidelines to help keep themselves and others safe within Fortland. In particular, I represent that I have not tested positive for COVID-19 within the last two weeks and I have not been in direct personal contact with someone who has tested positive for COVID-19 within the last two weeks either. If I do test positive for COVID-19 or come into contact with someone who has, or if my temperature exceeds 100 degrees Fahrenheit and I experience other COVID-19-related symptoms, I agree that I will not seek to enter the the Premises until I am no longer symptomatic for three straight days. I agree to observe the safety requirements within the resort/community spaces -- including wearing a personal mask when required, and observing required social distancing and sanitization requirements.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

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Ninth Participant's Name

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

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Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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