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WHV HOSPITALITY MANAGEMENT, INC.
ACCIDENT WAIVER, RELEASE OF LIABILITY, AND
ASSUMPTION OF RISK AGREEMENT

I hereby assume all risks arising from any event or activity (“Activities”) associated with or sponsored by WHV Hospitality Management, Inc. and its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, volunteers, contractors, participants, vendors, and all other persons or entities acting in any capacity on their behalf or in concert with them (collectively “WHV”). I understand this Accident Waiver, Release of Liability, and Assumption of Risk Agreement (“Agreement”) broadly captures all risks associated with the Activities including: any risks arising out of or related to my stay at any WHV resort property; participation in WHV Activities; purchases from WHV; transportation to or from Activities; any weather, land, or ocean condition or act of God; negligence or carelessness by me or WHV; dangerous or defective equipment or property owned, maintained, controlled, or operated by me or WHV; and any other liability, including failure to act, on my part or on WHV’s part, without regard to fault.


1. I understand the Activities may be physical in nature and that weather conditions or other unforeseen circumstances related
to the Activities may result in physical or emotional injury, loss, or damage, including without limitation, serious injury or death to
myself, damage to my property, and/or bodily injury or property damage to third parties. I understand that such risks cannot be
eliminated without jeopardizing the essential and/or fundamental qualities of the Activities. I also understand that WHV may not be
aware of a participant’s fitness or abilities or that it may give inadequate warnings or instructions. I assume and am solely responsible
for these risks and understand that by signing this Agreement, I am relinquishing legal rights to the maximum extent permissible under
applicable law.


2. If I participate in the Activities, my participation is purely voluntary and I elect to participate in spite of the risks,
both known and unknown. I acknowledge that this Agreement limits my legal remedies and releases WHV from all liability
in the event that I am injured or suffer a loss.


3. I certify that I am in good health, and that no health-related reasons or problems exist that should preclude my participation
in the Activities. I agree to assume the risk of any health condition I may have, known or unknown. I certify that I am of sound mind
and not under the influence of any drugs or alcohol that might impair me. I agree that if at any time I believe conditions to be unsafe,
I will immediately discontinue my participation in the Activities. I will not participate in any Activities while suffering from or
experiencing any intoxication, illness, or injury that might impair me.


4. I have an obligation and responsibility to myself and others to conduct myself in a safe and reasonable manner and to follow
the direction of the operators of any equipment. I shall abide by all applicable rules and standards while performing the Activities. I
expressly acknowledge and agree that WHV is not responsible for, and shall have no liability for, any injuries resulting from my
participation in the Activities, including without limitation injuries resulting from my impairment as a result of alcohol consumption
before or during the Activities. I expressly agree that WHV’s reservation of the right to refuse my participation in the Activities does
not/will not result in WHV incurring liability for my alcohol consumption or injuries caused in whole or in part by same. I also
agree that should any WHV employee believe or suspect that my level of intoxication/impairment is such that it is unsafe for me to
participate in the Activities, I will forgo further participation in the Activities. Should I or anyone else, be injured as a result of my
participation in the Activities, I agree to having my blood alcohol level tested by a licensed medical provider, at WHV’s sole
discretion, and waive all rights to privacy with respect to the test results. Further, I certify that I have adequate insurance to cover
any injury or property damage I may cause or suffer while participating in the Activities, or else I agree to bear the costs of such
injury or property damage myself.


5. In consideration of WHV providing me an opportunity to participate in the Activities, I agree, on behalf of myself, my parents,
spouse, children, executors, administrators, heirs, next of kin, successors, assigns and anyone else claiming by or through me, as
follows:

(A) I WAIVE, RELEASE, AND DISCHARGE WHV from any and all liability associated with the Activities,
including without limitation, liability that may result from: my negligence or fault; the negligence or fault of
WHV; my death, disability, personal injury, or any property damage or theft I may suffer; and actions of any
kind which may hereafter occur to me in connection with the Activities, including during travel to and from the
Activities;

(B) I further COVENANT and PROMISE NOT TO SUE WHV for any and all injuries, losses, or damages, of any
kind, associated with any Activities at or affiliated with a WHV resort;

(C) I shall INDEMNIFY, DEFEND, AND HOLD HARMLESS WHV from any and all liabilities, claims, suits, or
demands, including without limitation, all costs, attorneys’ fees, and expenses that may arise out of or relate
to any Activities and/or use of a WHV resort, or any breach of my obligations stated herein, including items
(A) and (B), above.

 

6. Binding Arbitration: Any dispute, claim, suit, demand, or controversy arising out of or relating to this Agreement or
the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or
applicability of this agreement to arbitrate (collectively “Dispute”), shall be determined exclusively and finally by binding
arbitration. It is intended that the parties’ agreement to arbitrate be broad and comprehensive, and include without limitation,
any Dispute arising out of or affiliated with, directly or indirectly, any WHV Activities, my stay at any WHV resort property,
participation in WHV Activities, and/or purchases from WHV. I agree all Disputes are limited to WHV and me, and that this
agreement to arbitrate includes an agreement to waive any right to bring or participate in any representative or class action
proceeding. This agreement to arbitrate shall be construed and enforced in accordance with the Federal Arbitration Act
(“FAA”) and its precedent. The arbitration shall be before a single arbitrator in the county in which this Agreement is
executed, and administered by the Judicial Arbitration and Mediation Service (“JAMS”), or another arbitration service
provider if JAMS is unavailable in the county where this Agreement is executed. The arbitrator shall apply the law of the state
in which the arbitration is conducted and JAMS Streamlined Rules and Procedures, unless the parties agree in writing to
apply other JAMS rules. I agree that this Agreement evidences a transaction involving interstate commerce so as to ensure
the applicability of the FAA. In the event of a conflict between applicable state laws and the FAA, the FAA shall govern.


7. I understand while participating in the Activities, I may be photographed. I agree to allow my photo, video, or film likeness
taken during the Activities to be used for any purpose by WHV and its assigns in any form of media.


8. WHV shall not be required to save the original version of this Agreement and may preserve a copy of this document by any
electronic means intended to preserve the original appearance of a document (“Duplicate Original”). I agree that the Duplicate Original
may be used in lieu of the original Agreement for all purposes and the parties expressly waive any and all rights to object to the use
of the Duplicate Original. This Agreement represents the entire understanding of the parties and supersedes and cancels any prior oral
or written understandings, promises, or representations as to the matters contained herein. This Agreement shall not be modified. In
construing the terms of this Agreement: (i) the headings shall be for convenience only; (ii) the singular includes the plural and the
conjunctive includes the disjunctive, and vice versa; and (iii) no presumption shall arise against any party for drafting this Agreement.
If any provision of this Agreement is determined to be invalid or unenforceable, it shall not affect the validity or enforceability of any
other provision of this Agreement, which shall remain in full force and effect. The failure or delay of any party to exercise any right
or remedy shall not be considered a waiver and shall not prohibit a party from exercising such right or remedy at a later time or from
exercising any other right or remedy available.


9. By signing this Agreement, I acknowledge that I agree to the foregoing terms and that am at least 18 years of age. I
have carefully read this entire Agreement, understand it, and agree to be bound by its terms, including, without limitation,
terms by which I extend release of claims to WHV and waive my right to bring a lawsuit and/or to participate in any class
action.

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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
First Name*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
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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