I understand that by participating in Snowless Tubing on or away from the property, certain risks and danger may be inherent, including The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks,and concussions to 3) catastrophic injuries including paralysis and death. I understand that in order to participate in the Activity, I must give up my rights to hold the Oregon Garden Resort, its owner, agents, employees, officers and directors liable for injury or damage which I may suffer while participating in the Activity on the Property located at 895 W Main Street, Silverton, Oregon 97381, or at any offsite location.
I assume the risk of all loss, damage, injury or death suffered, which may in any way arise from or be associated with my participation in the voluntary Activity. I hereby waive, release from liability and covenant not to sue Hotel, its owner, agents, employees, officers and directors for any and all liability resulting from or arising out of my participation in the Activity within the Property or at any offsite location. This waiver, release and covenant not to sue extends to any and all claims, demands, complaints, causes of action, costs or expenses (including attorney’s fees), which I may have now or hereafter acquire, known or unknown, contingent or liquidated of any nature whatsoever, including negligence, arising from or which in the future may arise from any of the causes noted and/or any act or omission of any individual, whether agent or employee of Hotel, a third party or an independent contractor. This waiver, release from liability and covenant not to sue shall be binding on me, my heirs, personal representatives and all other successors in interest. It is intended that this waiver, release and covenant not to sue be interpreted as broadly and inclusively in scope as permitted by the laws of the State of Oregon and the State of Oregon shall be the forum for any lawsuit filed hereunder. If any part of provision of this document is held unenforceable the balance shall be given full force and effect.
I HEREBY ACCEPT FULL LEGAL RESPONSIBILITY FOR MY CONDUCT WHILE PARTICIPATING IN THE VOLUNTARY ACTIVITY WITHIN HOTEL PROPERTY OR AT ANY OFFSITE LOCATION and shall defend, hold harmless and indemnify Hotel, its owner, agents, employees, officers and directors from any and all liabilities, damages to property or injuries sustained as a result of my participation in the voluntary Activity.
I have carefully read this form, fully understand its contents, and sign it of my own free will. I verify that I am the participant named on this form, that I have fully completed this form and that I have authority to enter into this form agreement.