WAIVER AND RELEASE AGREEMENT
In consideration of the services of The Lodge and Resort at Lake Mary Ronan (LRLMR) its owners, members, officers, directors, agents, employees, volunteers and all others persons or entities acting in any capacity on its behalf (hereinafter referred to as ''LRLMR"), I hereby agree to release and discharge LRLMR, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate, as follows:
I acknowledge outdoor activities at LRLMR, including instruction and travel to such activities, entail known and inherent risks, as well as unknown and unanticipated risks which could result in serious emotional or physical injury or damage or loss to myself, third parties and my own or others property. I understand such risks cannot be eliminated without jeopardizing the essential qualities or the activity.
I hereby voluntarily release, discharge and agree to indemnify and hold harmless LRLMR from any and all claims, demands, liability, losses or causes of action which are in any way connected with my participation, or the participation of the children in my custody and control in any activity offered or sponsored by LRLMR (including use of LRLMR 's equipment, docks, sports activites or facilities), including claims related to injury to person or property, disability or death, whether arising from the negligent act or omission of LRLMR or otherwise, breach of contract and/or warranty or any other legal theory.
Should LRLMR or anyone acting on its behalf, be required to incur attorneys' fees and costs to enforce this Agreement, I agree to indemnify them for all such fees and costs. I agree that this document and all other aspects of my relationship with LRLMR are governed by the laws of the State of Montana and that any legal action resulting from my participation in this activity shall be brought only in Lake County, Montana. In the event that any portion of this Agreement is deemed invalid or unenforceable, all other portions of this Agreement shall remain in full force and effect
I certify that I have no medical or physical conditions which· could interfere with my safety or the safety of the children in my custody and control in any activity offered or made available by LRLMR, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition.
5.In signing this Agreement, I fully recognize that if injury, illness, death, loss or damage occur to me while I am engaged in any activity offered or sponsored by LRLMR, that I will have no right to make a claim or file a lawsuit against LRLMR, or its officers, agents, or employees, even if they or any of them negligently cause or contribute to my injury, illness, death, loss or damage.·
I have carefully read this Agreement and understand its contents and I agree to be bound, by its terms. I am aware this is a waiver and release of liability and I sign it voluntarily.
Names of minor children in your custody and control:
By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.