Please read this waiver in full and be certain that you understand the implications of signing. I hereby affirm and acknowledge that I fully understand the hazards and risks associated with the outdoors and the recreational activities in which I may engage in while vacationing at Whispering Springs Wilderness Retreat. The inherent risks and hazards include, but are not limited to: - Injuries sustained from any and all outdoor activities, such as running, jumping, hiking, biking, canoeing, swimming, and engaging in sporting events such as volleyball, badminton, tennis, ect.
- Injuries sustained from interactions with horses or animals on the premises.
- Injuries sustained from objects that are either natural or man-made, such as rocks, trees, campfires, or from misjudging trails or other terrain that induces slipping, falling, colliding or otherwise.
- Injuries from hypothermia, heat stroke, dehydration or from exposure to the elements, such as rain, cold, excessive heat or the weather in general.
- Physical injuries sustained from personal negligence and/or the negligence of others or altercations with other patrons.
- Injuries sustained from excessive use of alcohol or the prohibited use of illegal drugs.
- Injuries or illnesses sustained from either plants or animals, such as poison ivy, poison oak, poison sumac, aggressive animals, insects and the like.
- Injuries sustained from exposure to any wildlife or animals present on the grounds.
- Accidents, injuries or illnesses occurring in remote locations where no immediate medical attention is available.
- Accidents or injuries occurring on stairs, decks, gazebos or patios at Whispering Springs Wilderness Retreat.
- Accidents, injuries or death occurring in the safari tents and/or bell tents, or a result of trees falling on the tents and/or structures collapsing.
- Accidents or injuries occurring at the Guest Pavilion, The Watering Hole Guest Lounge & Bar or at our pool, patio, hot tub and communal campfire.
- Reactions or injuries as a result of using bath or bodycare products.
- Accidents or injuries sustained from participating in yoga classes or massage therapy.
I understand that the description of these risks is in no way complete and that all such dangers, both anticipated and unanticipated, can lead to illness, injury, permanent disability, drowning and death. Yoga Classes I, the undersigned, understand that yoga is not a substitute for medical attention, examination, diagnosis, or treatment. I should consult a physician prior to beginning any activity program, including yoga. I recognize that it is my responsibility to notify my teacher of any serious illness or injury before every yoga class. I will not perform any postures to the extent of strain or pain. I accept that neither the instructor, nor the hosting facility, is liable for any injury, or damages, to person or property, resulting from the taking of the class. Massage Therapy I understand that the massage given to me is for the purpose of relaxation and may not be performed by a registered massage therapist. I understand that the massage therapist does not diagnose illness or disease and does not prescribe medical treatment or pharmaceuticals, nor are spinal manipulations part of massage therapy. I have stated all my known physical conditions and medications, and I will keep the massage therapist updated on any changes. I understand that massage therapy is not a substitute for medical care and that it is recommended that I work with my primary caregiver for any condition I may have. I accept that neither the massage therapist, nor the hosting facility, is liable for any injury, or damages during or after my massage session. COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person to person contact. As a result, federal, provincial, and local governments recommend social distancing and have, in many locations, prohibited congregation of groups of people. Whispering Springs Wilderness Retreat, has put in place preventative measures to reduce the spread of COVID-19. Also, every employee has completed sector-specific COVID-19 and PPE training. With this we cannot guarantee that you will not be infected with COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk I may be exposed to or that I may be infected by COVID-19 by staying at Whispering Springs Wilderness Retreat. Such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand the risk of becoming exposed to, or infected by, COVID-19 at Whispering Springs Wilderness Retreat may result from the actions, omissions, or negligence of myself and others, including, but not limited to resort employees and other guests. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including but not limited to, personal injury, disability, and death) illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with staying at Whispering Springs Wilderness Retreat. I hereby release, covenant not to sue, discharge, and hold harmless Whispering Springs Wilderness Retreat and its employees of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Whispering Springs Wilderness Retreat and its employees, whether a COVID-19 infection occurs before, during, or after visiting Whispering Springs Wilderness Retreat. Release of Liability, Waiver of Claims and Indemnity Agreement: In making it possible to participate in many of the above described activities and more, I both agree and acknowledge that: - I hereby release and hold harmless with respect to any and all illness, injury, disability, death or loss or damage to person or property, whether caused by negligence or otherwise, the following named persons or entities, herein referred to as Releasees: Whispering Springs Inc., and John Corcoran.
- I hereby release the Releasees, their officers, directors, managers, employees, representatives, agents, volunteers, and other vessels from any and all liability and responsibility and for any claims that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the Releasees or otherwise. By executing this document, I agree to hold the Releasees harmless and indemnify them in conjunction with regard to any illness, injury, disability, death, or loss or damage to my own personal property that can ensue from engagement in the activities as stated above and otherwise.
- By entering into this agreement, I am not relying on any oral or written representation or statements made by the Releasees other than that set forth in this agreement.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall still be enforceable. I have read this release and liability and assumptions of risk agreement, and not only do I fully understand its terms but I understand that I hereby release all liability and therein relinquish legal rights by signing it. I also sign it freely and voluntarily under my own free will without any inducement, coercion or otherwise. By signing this document you will waive certain legal rights, including the right to sue. Date: September 8, 2024 |
