Cypress Club Ranch LLC. Waivers
This waiver and release is executed on this day of the month of 2023, by the signed below, in the county of LEE, in the state of Florida, referred to as Releasor, in favor of Cypress Club Ranch LLC (CCR).
In consideration of being permitted entry, access, and participation in the events at CCR, Releasor for himself and his personal representatives, heirs, spouses, and next of kin, releases, waivers, discharges and covenants not to sue Cypress Club Ranch, a Florida Limited Liability Corporation, its officers, owners, members, managers, managing members, employees, agents, and assigns all referred to as Releasees, from all liability to the Releasor, his personal representative, assigns, heirs, spouse and next of kin for all loss or damage, and any claim or damage therefore, on account of personal injury to the Releasor, damage to the Releasors’ property, or the death of the Releasor, whether caused by the negligence of the Releases’ or otherwise with the Releasor is in, on, or around the Cypress Club Ranch, or participating in any of the company’s activities.
Also, since CCR is an agritourism property whose agribusiness is Apiculture, the maintenance of honeybees and hives, as sanctioned by Florida State Law: 2013 definition (F.S. 570.96) and clarifications passed in 2016 (F.S. 570.85-89), it cannot be held liable for injury or death.
The Releasor understands that under Florida Law an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for the Releasor to act in a negligent manner that may contribute to Releasor’s injury, death, damage, or loss. The Releasor assumes the risk of participating in this agritourism activity.
Releasor assumes full responsibility for and risk of bodily injury, death, or property damage due to negligence of the Releasees or otherwise while in, on, or around the Cypress Club Ranch, or participating in any of its numerous activities. Releasor is entering into this Waiver and Release with the full understanding with full understanding, knowledge, and consent that:
· The Cypress Club Ranch property and campground has limited physical improvements.
· The paths, driveways, and walkways are uneven, unpaved, and contain holes or debris.
· The natural swimming pond is shallow and unattended by a lifeguard.
· There are no security guards on the CCR property.
· The Cypress Club Ranch is an adult gay male resort and clothing is optional.
· CCR reserves the right to take and use photography on its websites, social media and other marketing materials.
· Many of the on-site activities involve strenuous physical activity and exercise.
· Alcoholic beverages may be sold or provided as well as consumed at the CCR.
· Cypress Club Ranch does not have an Automated External Defibrillator on premises.
· A section of CCR is dedicated to the maintenance of honeybees and hives and may cause risk or harm if accidentally disturbed.
Releasor acknowledges that the foregoing represents conditions with may contribute to injury to my person including, without limitation, lacerations, abrasions, contusions, fractures, sprains, paralysis, drowning, dismemberment, disease, scarring, snake bites, wild animal attacks, disfigurement, embarrassment, psychological damage, sickness, memory loss, etc., and may cause death.
Moreover, the Releasor and their heirs, administrators, personal representatives or assigns specifically release and forever discharge Releasees from any liability for libel, slander, loss, damage, breach of contract, negligence, infringement or other tort harm, damage to property, injury or death suffered by Releasor which may occur during or as a result the presence of the Releasor in, on or around the Cypress Club Ranch, or his participation in activity on property, including the use of Releasor’s likeness and image, whether caused by negligence of the Releasees or otherwise.
Furthermore, Releasor does hereby further covenant and agree to indemnify, defend and hold Releasees, harmless of and from any and all claims, demands, losses, expenses, attorneys fees, cause of action, judgements, lawsuits, proceedings, damages, and liability which are brought or claimed by anyone and which relate in any way to, or arise in any way from, the presence of Releasor in, on or around the CCR property, or his/her participation in activities on the property, whether caused by the negligence of the Releasees or otherwise.
Releasor further releases the CCR, a Florida Limited Liability Company, their officers, owners, members, managers, managing members, employees, agents and assigns all from any claim whatsoever on account of first aid, treatment or service rendered him/her during their stay at the CCR.
This Waiver and Release contains the entire agreement between the parties to this agreement and the terms of this release are contractual and not a mere recital. Releasor agrees that this release, waiver, indemnity is intended to be as broad and inclusive as permitted by the State of Florida and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS GENERAL RELEASE, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTED MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTEND OF THE LAW.
· No one under 21 years of age is allowed in the park.
· This property is a gender male only membership venue.
· Every guest must have a membership to enter the property. Membership fees are non-refundable.
· Any guest who stays in their tent or site past the checkout time will be charged additional fees.
· You are fully responsible for any damage caused to the allocated tents, bungalows, or cabanas or other CCR property caused by you or any person in your party during your stay. The CCR reserves the right to retain your credit card and/or debit card details and charges or debit such amounts as it shall in its sole discretion deem fit on the said card(s) to compensate or make good of loss, damage, costs, or expenses incurred or suffered by the CCR because of the aforesaid. Regardless, the CCR further reserves the right to commence legal proceedings against you without notice. By initialing the above/entering the property you agree and consent to being charged for any fees associated on the receipt by all rules listed below.
Date: November 30, 2023