ASSUMPTION OF RISK, RELEASE AND INDEMNITY
WARNING: Electric Shock Hazard may exist and no person, pet, watercraft, flotation device or fishing allowed in the water channel area outlined on the map above. I fully understand the warning message and the respective water channel area outlined on the map above. I also understand that violators may be fined or asked to leave without refund.
As with any type of facility and natural environment, the use of the grounds and facilities at Natural Springs Resort has the possibility of risk of injury or even death, whether the undersigned or someone else causes it. As such, the undersigned agrees that he or she understands and voluntarily accepts this risk and agrees that Forward Looking Partners LLC d/b/a Natural Springs Resort, Up Country Lodging LLC and any of their affiliated entities or successors or any officer, director, member, agent-servant or employee of the aforesaid (hereinafter collectively "NSR") will not be liable for any injury or death, including and without limitation, personal, bodily or mental injury, economic loss or any physical or property damage to the undersigned, the undersigned's spouse, the undersigned's children, guest or relative (hereinafter collectively "GUEST") resulting from Guests' use of the facilities, including without limitation, as a result of the negligence of NSR or anyone else using the facilities. If there is any claim by anyone based on any injury, death, loss, or damage described herein, which involves the GUEST, the undersigned agrees to (a) defend NSR against such claims and pay NSR for all expenses relating to the claim including, but not limited to, any and all attorney's fees, and (b) indemnity NSR for all obligations resulting from such claims. This document shall be construed and enforced in accordance with the laws of the State of Ohio. Any action at law, suit in equity, or other jurisdictional proceeding arising in connection with this document shall be instituted only in the courts of Preble County, Ohio.
WAIVER OF LIABILITY
The GUEST agrees to release from all liability, discharge and promise not to take legal action against (i) NSR; (ii) any other guest, visitor or person present or using the facilities or equipment of NSR; (iii) any designers, manufacturers or installers of the facilities or equipment of NSR including but not limited to activities on and around Natural Springs Resort or Silver Lake for any and all harm or damage to the GUEST in connection with GUEST'S use of any NSR facilities or equipment including but not limited to or in connection with any activities sponsored by NSR whether or not such activities take place outside of any premises owned or operated by NSR. This Agreement releases NSR from any liability to GUEST, their heirs, next of kin, assigns or personal representatives for any losses or damages or claims or demand arising out of GUEST'S personal injuries, damage to property or GUEST'S death, even if NSR's individual or collective negligence contributes to such personal injury, damage or death. The undersigned hereby waives any and all claims or actions that may arise against NSR, its owners, directors, employees or volunteers as a result of any such injury to any such person. Such risks include, but are not limited to:
- Injuries or death resulting from the negligence of the owners, operators, employees, or volunteer assistants of NSR; or the negligence of guests, visitors or persons who may be present at NSR; or the negligence of any designers, manufacturers or installers of the facilities or equipment of NSR.
- Injuries or death resulting from the failure or negligent misuse, by me or by others, of the facilities or equipment of NSR;
- Injuries or death resulting from slips, trips, falls or other such accidents that occur while using the facilities or equipment of NSR, or which may be caused by other persons' use of the facilities or equipment of NSR;
- Injuries or death resulting from participating in and/or using equipment in connection with activities sponsored by NSR which may take place outside of any premises owned or operated by NSR;
- Injuries or death that occur from the negligence or lack of adequate training of those volunteers, agents or employees of NSR or death who seek to assist with medical or other help either before or after injuries have occurred.
The GUEST freely and voluntarily assumes complete personal responsibility for these risks and for any injuries or death that may occur as a result of these risks, even if such injuries or death occur in a manner that is not foreseeable at the time this Agreement is signed and will remain in affect for any and all subsequent visits to NSR.
GUEST UNDERSTANDS AND ACKNOWLEDGES THAT SCUBA ACTIVITIES, SWIMMING AND/OR ANY OTHER WATER ACTIVITY INCLUDING BUT NOT LIMITED TO PADDLE BOATS, CANOES, KAYAKS, INFLATABLE WATER FEATURES, DOCKS, PLATFORMS, SPLASH PAD HAVE INHERENT DANGERS AND/OR RISKS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERTISE CAN ELIMINATE. GUEST ALSO UNDERSTANDS THAT USE OF THE QUARRY AND SWIMMING POOL ARE AT THEIR OWN RISK AND THAT NO LIFEGUARDS ARE ON DUTY AND THAT BY BEING A QUARRY THE DEPTHS OF WATER RANGE FROM 0 INCHES TO 35 FEET. GUEST EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISK OF PERSONAL INJURY OR DEATH, WHETHER FORSEEABLE OR NOT, SUSTAINED IN CONNECTION WITH PARTICIPATION ON THE WATER ACTIVITIES BY SIGNING BELOW, THE GUEST ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT THOROUGHLY AND UNDERSTANDS AND ACCEPTS THE TERMS CONTAINED HEREIN AND THAT NO ORAL REPRESENTATIONS OR STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO GUEST THAT CHANGE, ALTER OR MODIFY ANYTHING WITHIN THE WRITTEN AGREEMENT. BY SIGNING BELOW THE UNDERSIGNED REPRESENTS AND WARRANTS THAT THEY HAVE THE AUTHORITY TO SIGN THIS WRITTEN AGREEMENT AND INDEMNIFY AND HOLD HARMLESS NSR ON BEHALF OF ALL INDIVIDUALS WHOSE LEGAL RIGHTS THIS AGREEMENT CONTEMPLATES TO WAIVE. IN THE EVENT ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
In addition, I grant permission to Natural Springs Resort and its agents and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release Natural Springs Resort and its legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that may have been given during an interview with or without my name, for the purpose of advertising and publicity without restriction. I waive my right to any compensation.
Dated: July 25, 2021