PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I, Individually (or as Parent or Guardian of, a Minor), state that I am aware that riding and mushing on a dog sled and using or being near sled dogs and all related activities (collectively “dog sledding activities) includes many RISKS, DANGERS and HAZARDS, including, but not limited to: variations in riding terrain, changes in ice or snow conditions, changes in weather conditions, dog bites or attacks, falls, impact or collision with natural or manmade objects or with other riders, exposure to the cold, failure of equipment, negligence of other participants, negligence and/or breach of statutory duties by Treetops Resort and/or Team Evergreen Kennel, their agents and employees, which may result in: all types of personal injury, including brain damage and death and/or property damage. I am aware that many RISKS, DANGERS and HAZARDS exist throughout the Resort, dog sledding areas, and trails and that many are unmarked. I realize that injuries can and do occur during dog sledding activities.
I affirm that I (and/or the Minor) am/is in good physical condition and do/does not suffer from any disabilities or medical conditions (including but not limited to: pregnancy, heart conditions, broken or sprained bones, circulation problems, and seizure disorders) that would limit or prevent me (and/or the Minor) from participation in dog sledding activities. In consideration of Treetops Resort and Team Evergreen Kennel allowing me and/or the Minor to participate in dog sledding activities, INDIVIDUALLY AND AS PARENT/GUARDIAN OF THE MINOR, I HEREBY EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS AND DANGERS ASSOCIATED WITH MY AND/OR THE MINOR'S PARTICIPATION IN DOG SLEDDING ACTIVITIES INCLUDING BUT NOT LIMITED TO THE POSSIBILITY OF SERIOUS PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE.
ADULT/PARENT/GUARDIAN: In further consideration of Treetops Resort and Team Evergreen Kennel allowing me and/or the Minor (if applicable) to participate in dog sledding activities, I agree to Release, Hold Harmless, Indemnify and Defend Treetops Resort and Team Evergreen Kennel, and their employees, owners, officers, representatives, directors, shareholders, agents, affiliates and vendors (collectively “Providers”) from any and all claims, actions, losses, suits, damages, and allegations, including claims brought by the Minor and claims related to or arising from incidents that occurred prior to, on and/or following the date of this release, including, but not limited to: allegations of negligence, including the negligence of Providers, breach of contract, breach of any statutory or other duty of care and breach of express or implied warranty. I further agree to Indemnify, Hold Harmless and Defend Providers from any damage, costs or expenses, including actual attorney fees and costs, without limitation, which they may sustain in relation to or arising out of my and/or the Minor’s participation in the dog sledding activities.
I consent to and authorize the taking of photographs and/or videos during my and/or the Minor's visit to Treetops Resort. I grant permission to Treetops Resort to use said photographs and/or videos in advertising, displays, web sites, electronic media, brochures, or publications without notification. I waive any and all rights to privacy in the photos/videos, the right to approve the finished photos/videos, printed or electronic matter and the right to arising from or related to the use of the photos and/or videos.
I recognize that situations may arise where emergency or emergent medical or dental care may be necessary for me and/or the Minor. I authorize Treetops Resort to render first aid and to call for medical and/or dental care if, in their opinion, such medical or dental care is needed. I agree to pay for all expenses and costs associated with such care and related transportation.
I understand this Release and Indemnification Agreement shall be binding upon my assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives and administrators and may be pled by Providers as a complete bar and defense against any and all claims, demands, or causes of action by or my behalf or on behalf of the Minor. Any provision of this Release and Indemnification Agreement which shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and such other provisions shall remain in full force and effect. I acknowledge that this activity is taking place in the State of Michigan and I further agree that only the laws of the State of Michigan shall apply in the construction or application of this Agreement.
I HAVE READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND THAT IT IS A RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I HAVE THE AUTHORITY TO ENTER INTO IT ON MY BEHALF AND/OR ON BEHALF OF THE MINOR. I VOLUNTARILY SIGN IT WITH NO RESERVATIONS AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
Date: September 27, 2023