Liability Waiver & Conduct Policy

This Waiver of Liability (the “Agreement”) is made and entered into as of the October 27, 2024 (the “Effective Date”), by and between Willow Brook, LLC – Willow Brook Campground, LLC, and Willow Brook, LLC – Holding Memories, LLC, each a series of a Tennessee limited liability company (collectively referred to hereinafter as “Campground”), located at 1428 Gilchrist Rd., Adamsville, Tennessee 38310, and the undersigned (“Guest(s)”).

Now, therefore, in consideration of the mutual covenants, promises, and conditions set forth herein, the parties agree as follows:

1. Release. Each Guest hereby forever releases, waives, and discharges any claims against Campground and covenant not to sue Campground, its officers, agents, employees, members, successors, or assigns for any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any physical or personal injury, pain, suffering, illness, disfigurement, temporary or permanent disability, loss or death, and any property damage that may occur as a result of any fire, theft, vandalism, water or land-related accidents, natural events, or any other occurrences or mishaps, that may affect such Guest or any property belonging to such Guest while in, on, or upon the premises owned or operated by Campground, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF CAMPGROUND OR OTHERS, or otherwise, regardless of whether such liability arises in tort, contract, strict liability, or otherwise. Each Guest hereby acknowledge that such Guest entered premises owned or controlled by Campground of such Guest’s free will and entirely at such Guest’s own risk. Each Guest hereby acknowledges that Campground is not responsible for any errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity.

2. Risks and Hazards. Each Guest is aware of and hereby acknowledges and assumes the known risks and hazards, and hereby acknowledges and assumes that unanticipated risks and hazards exist, connected with such Guest’s participation in activities while on premises owned or controlled by Campground. Each Guest hereby waives such Guest’s rights to any and all remedies available to such Guest against Campground and its officers, agents, employees, members, successors, or assigns from any claims or liability for personal injury or property damage suffered by such Guest while participating in activities while on premises owned or controlled by Campground, including, but not limited to, any claim arising out of any condition of the premises at which the activity is held or the conduct of any person in connection with the preparation for, supervisions of, or conduct of any activity, whether planned or unplanned. Each Guest hereby assumes full responsibility for any and all risk of loss, property damage, or personal injury that may be sustained by such Guest and any and all loss or damage to property owned by such Guest as a result of such activities, WHETHER CAUSED BY THE NEGLIGENCE OF CAMPGROUND OR OTHERS, or otherwise.

3. Dismissal. Each Guest understands and hereby acknowledges that Campground may, in its sole discretion, dismiss any Guest for inappropriate, disrespectful, or dangerous behavior, including for violation of Campground’s Conduct Policy, at any time. In such event, such dismissed Guest shall not receive a refund for any payments received for any past or future services or accommodations by Campground. If a Guest breaks or damages any property, either by his/her direct or indirect acts or omissions, such Guest hereby agrees to pay for the cost of repair or replacement for any such damage caused by such Guest. No Guest under eighteen (18) years of age may be admitted on the premises owned or controlled by Campground without being accompanied and supervised a parent or guardian. Such parent or guardian shall be responsible for the conduct, including adherence to the terms of this Paragraph 3, of any accompanying minor Guest.

4. Indemnification; Attorneys’ Fees. Each Guest hereby indemnifies and holds Campground harmless from and against any and all loss, liability, damage, cost, and expense, including reasonable attorneys’ fees and court costs, resulting from Guest’s participation in activities while on premises owned or controlled by Campground, WHETHER CAUSED BY NEGLIGENCE OF CAMPGROUND OR OTHERS, or otherwise.

5. Guest’s Rights. Each Guest and Guest invitee hereby expressly acknowledges that this Agreement shall bind such Guest, Guest’s attorney-in-fact, agent, and/or representative, including such Guest’s spouse and family, and, if such Guest is deceased, such Guest’s heirs, assigns, and personal representatives. This Agreement shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE Campground.

6.  Miscellaneous

(a) Integration. This instrument sets forth the entire agreement between the parties with respect to the subject matter hereof and shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, representatives, successors, and assigns. No modification, amendment, waiver, termination, or discharge of any provision hereof shall be binding upon the parties unless confirmed by a written instrument executed by the party sought to be charged. This Agreement shall not become effective until accepted and executed by all parties. The parties hereby represent and warrant that no statement, promise, representation, or inducement, except as herein set forth, has been made on any party’s behalf, or by any of such party’s employees or representatives. Should any provision of this Agreement be declared void or unenforceable, such provision shall be deemed severed and the remainder of this Agreement shall continue in full force and effect to the extent permitted by law. In the event that applicable laws be hereinafter changed making this Agreement void, voidable, or otherwise unenforceable, this Agreement shall be deemed reformed to the extent necessary to bring this Agreement into conformity with such laws.

(b) Effect of Waiver. No waiver by any party of any term of provision of this Agreement or of any default hereunder shall affect any parties’ right hereafter to enforce such term or provision, or to exercise any right or remedy in the event of any other default, whether or not similar.

(c) Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Tennessee governing contracts wholly executed and performed therein, and the laws of that state shall govern its interpretation and effect. The venue for any controversy or claim arising out of or related to this Agreement of breach thereof, shall be the appropriate state and federal courts for Adamsville, McNairy County, Tennessee. Accordingly, each party hereto does hereby consent and submit to the jurisdiction of such courts.

(d) Notices. All communications and notices under this Agreement shall be sent by either registered mail, certified mail, or any reputable courier service providing proof of delivery and receipt (e.g., FedEx) to the addresses set forth herein, or to such further addresses that any party may designate from time to time in writing. A courtesy copy of all notices to Campground hereunder shall be sent to Gordon Law Group, PLC, 105 Westpark Drive, Suite 350, Brentwood, Tennessee 37027.

(e) Construction of Terms. The headings of the paragraphs and subparagraphs of this Agreement are included for ease of reference only, are not part of this Agreement and are not to be used in the construction and interpretation of the terms hereof. Where context requires, singular shall include the plural, plural shall include the singular, and neuter shall include masculine, feminine, and neutral genders.

(f) Relationship of Parties. Nothing contained herein is intended to, nor shall it be construed to, create a partnership, joint venture, or employer-employee relationship of any kind between the parties. No party hereto shall hold itself out contrary of this subparagraph, and no party shall become liable for any representation, act, or omission of the other contrary to the provisions hereof.

(g) Additional Warranties. Each party represents and warrants that it is wholly free to enter into this Agreement and to grant the rights herein granted, and that it is not subject to any disability, restriction, prohibition, agreement, or obligation which conflicts with any of the provisions hereof. Each party represents and warrants that it has been advised of its right to seek legal counsel of its own choosing in connection with the negotiation and execution of this Agreement, and each party has either done so or voluntarily waived its right to do so. The parties hereby agree to execute any further documents and do all acts necessary to fully effectuate the terms and provisions of this Agreement.

By signing below, each Guest hereby indicates that such Guest fully understands the terms and conditions set forth above and does voluntarily sign this Waiver of Liability. If a Guest signs on behalf of another party, such Guest hereby warrants and represents that such other party has been made fully aware of the terms and conditions hereof and that such other party consents to such terms and conditions and has granted Guest authority to sign this Waiver of Liability on his/her behalf. 

WILLOW BROOK CAMPGROUND

CONDUCT POLICY

GENERAL

1.   The owners and management of this Willow Brook Campground are not responsible for any damages due to direct/general damages, incidental damages, and/or consequential damages. Campers/Visitors must carry their own insurance to protect against damage including but not limited to fire, theft, freezing, accidents, loss of life, loss of limbs, Acts of God, etc. You understand that you are camping and enjoying nature at your own risk.

2.   Willow Brook Campground reserves the right to evict anyone who refuses to comply with the rules and regulations set forth or whose conduct, manner or actions are uncomplimentary to the campground. Willow Brook Campground reserves the right to complete public record background checks and evict anyone due to the results. Willow Brook Campground and designated volunteers have the right to ask for camping receipts, visitor passes, and fishing passes. NO REFUNDS will be given for anyone who is evicted.

3.   No person shall disobey a lawful order of any employee or representative of Willow Brook Campground.

4.   No person shall violate any posted limitations established at the campground concerning hours and areas during which recreation and other facilities will be open or accessible.

5.   No person shall sell or offer for sale any merchandise, article, or thing, whatsoever, or conduct any business or other commercial activity of any kind within Willow Brook Campground without the consent of the appropriate representative of Willow Brook Campground.

6.   No person shall distribute any handbills, circulate, post, place, or erect any bills, notices, papers, advertising devices, or matter of any kind without prior written consent of the appropriate representative of Willow Brook Campground.

7.   No person shall solicit contributions or signatures for any purpose without prior written consent of the appropriate representative of Willow Brook Campground.

8.   No person shall make, use, or gain admittance to or attempt to use or remain in a facility within Willow Brook Campground for which a charge is made without paying the fees.

9.   Willow Brook Campground may close any area or facility in Willow Brook Campground at any time Willow Brook Campground deems reasonably necessary for the maintenance of peace, good order, or the protection and safety of the persons or property in or upon Willow Brook Campground. Upon such closure, Willow Brook Campground will have the authority to remove all unauthorized persons and their belongings from the closed area or facility. No unauthorized person is allowed to be in such a closed area or facility.

10. Willow Brook Campground is not responsible for any property or article lost, stolen, or damaged from any campground, parking area, comfort station, bathhouse, playground, swimming area, or any other facility or area within Willow Brook Campground. Reports of any such lost, stolen, or damaged property should be promptly directed to a Willow Brook Campground representative.

11. No person shall use portable generators without the prior written consent of Willow Brook Campground.

12. No person shall throw, dump, or leave papers, cans, bottles, or other rubbish anywhere in Willow Brook Campground except in the receptacles provided for such.

13. No person shall in any manner injure, deface, disturb, destroy, disfigure, place indecent language upon, or remove any part of a building, sign, wall, fence, tree, bench, or other structure or natural feature within Willow Brook Campground.

14. The discharge of firearms is prohibited within Willow Brook Campground. The term “firearm” includes any device from which a shot, arrow, shell, slug, pellet, bolt, or other such projectile is fired by force of an explosion, compressed air, gas, or mechanical device, including but not limited to rifles, shotguns, handguns, air rifles, BB guns, pellet guns, longbows, crossbows, sling shots, blow guns, dart guns, or other such devices. The carrying of any firearm within Willow Brook Campground shall be only in compliance with Tennessee law and signs posted at Willow Brook Campground. The storing of any firearm in the campground should be contained in a storing/firearm case with the ammunition stored separately.

15. Fireworks are expressly prohibited within Willow Brook Campground.

16. Drones are allowed within Willow Brook Campground. Persons shall not fly drones over or near wildlife. All persons shall always keep their drones within their visual lines of sight. Flying drones is prohibited over or near wildlife, campgrounds, swimming areas, and any other populated or noise-sensitive area of Willow Brook Campground.

17. Alcohol is permitted only within campsite or cabin areas and only within covered containers (i.e. beer cans must be in beer cozies or covered by a paper bag). Alcohol is expressly prohibited in all public/populated areas in Willow Brook Campground. Excessive use or use of any illegal drugs will not be tolerated and will be reported to local authorities. As solely determined by management, drunkenness, any disorderly conduct, illegal drug use, obscene language, any disrespectful/rowdy behavior by you, your guests, pets, children or anyone in your campsite will subject you and your group to permanent loss of your camping privileges and immediate ejection without a refund.

18. In order to protect forests and trees from invasive insects and diseases, all campfires should be made with heat-treated wood or downed wood collected inside Willow Brook Campground, near the respective camper’s campgrounds.

19. All visitors, guests, campers, and persons otherwise enjoying the facilities and areas of Willow Brook Campground understand and agrees that Willow Brook Campground is a recreational park and not a residence.

PERSONAL CONDUCT

1.   Disorderly conduct is strictly prohibited. No person shall indulge in riotous, boisterous, threatening, or indecent conduct or use abusive, threatening, profane, or indecent language.

2.   No person shall commit a nuisance, unreasonably disturb or annoy others, or do any act amount to a breach of peace.

3.   No person shall operate or use radios, audio-playback devices, or any other sound producing equipment in any area of the campground which is audible beyond the immediate vicinity so as to avoid disturbing other persons.

4.   No person shall use any Willow Brook Campground facility except in a clean and sanitary matter.

5.   No person, except children six years of age or younger, shall use the restrooms designated for the opposite biological sex.

6.   No person shall urinate or defecate in places not officially provided.

7.   No person shall dress, undress, or indecently expose his or her person in any area of Willow Brook Campground where the same may be seen by any other person.

8.   Children under the age of twelve (12) may not be left unattended inside Willow Brook Campground without adult supervision. Parents are ultimately responsible for their children’s behavior.

VEHICLE USE

1.   A rate of speed in excess of 15 miles-per-hour is prohibited on any road inside Willow Brook Campground. In congested areas, a 10 mile-per hour limited or other posted limit will be enforced.

2.   Driving any vehicle inside Willow Brook Campground in disregard of the rights and safety of others, or to drive a vehicle within or upon any part of Willow Brook Campground not designated for or customarily used for such purposed is strictly prohibited.

3.   Operators and passengers of vehicles must remain seated while the vehicle is in motion. No one may sit in the lap of the operator or passenger of a vehicle when utilized within Willow Brook Campground.

4.   All vehicles must be equipped with functional headlights, tail lights, and a horn or other audible signal that must be used when approaching pedestrians from behind.

5.   All motored vehicles, whether it be electrical, gas, diesel, or other, used within Willow Brook Campground must be operated in compliance with state regulations for their operation including operator’s license, registration, and insurance.

6.   Any operator of any vehicle, motorized or otherwise, must comply with all applicable Tennessee laws.

SWIMMING

1.   Willow Brook Campground swimming areas are available solely for those who have paid the appropriate fees to Willow Brook Campground.

2.   Children twelve (12) years of age and under must be accompanied by an adult and must not be left unattended. The adult-child ratio is a minimum of one (1) adult per six (6) children under the age of twelve (12).

3.   No Diving.

4.   No pets are allowed in or around swimming areas.

5.   Lifesaving equipment is for emergency use only. Lifesaving equipment includes ropes, buoys, flotation devices, etc.

6.   No food or drink allowed in the water. No glass containers allowed in or around the swimming areas.

7.   Only appropriate swimwear will be allowed.

8.   Persons under the influence of alcohol or drugs are not permitted in the swimming areas.

9.   All posted rules must be obeyed. Posted rules may vary depending on the swimming area and may change from time to time at the discretion of Willow Brook Campground.

10. Failure to obey any and all rules may result in a loss of swimming privileges with no refund and an immediate removal from the swimming area at the sole discretion of Willow Brook Campground. Continued abuse may result in permanent loss of swimming privileges at the sole discretion of Willow Brook Campground.

11. There are no active lifeguards on duty. All persons must swim at their own risk and only in designated swimming areas.

12. Life jackets are mandatory for any and all water activities. Life jackets can be rented from Willow Brook Campground for a two dollar ($2.00) fee.

CAMPING

1.   The Willow Brook Campground property is a scenic area and shall be maintained in a clean and sanitary condition. All refuse, trash, and garbage must be placed in a proper receptacle designated for refuse. It will be the responsibility of all campers and guests of campers to leave their respective campsites in the manner it was found. All refuse, trash, and garbage must be gathered, bagged, and disposed of properly and no materials or debris may be left. Willow Brook Campground reserves the right to expel any person who litters within Willow Brook Campground.

2.   All persons must remove all personal property from Willow Brook Campground upon leaving the premises. Such personal property shall include but is not limited to vehicles and related accessories.

3.   From 9:00 PM to 8:00 AM, “Quiet Hours” shall be observed. Excessive noise, including radio/television/stereo/any audio-emitting device that can be heard outside any camping unit, is prohibited during Quiet Hours. During Quiet Hours, Willow Brook Campground may be closed to the general public with the exception of registered guests.

4.   Camping shall be confined to the designated campground areas.

5.   No person will rent or occupy a campsite without adequate overnight camping equipment. It will be up to Willow Brook Campground’s discretion to determine what such adequate equipment are for each campground’s individual situation.

6.   Campers shall not erect permanent structures on Willow Brook Campground property, nor alter the features, facilities, and/or equipment provided within Willow Brook Campground property.

PETS

1.   Pets are allowed to visit with owners walking or hiking on the property, but pets are not allowed in the beach or swimming areas (with the exception of service animals. We do not recognize emotional support animals as “service” animals. While we love and appreciate all pets, there are certain places we cannot permit them to be for health and safety reasons).Pets are prohibited in the camping cabins.

2.   NO PETS (aside from service animals) are allowed on the barefoot trail.

3.   All pets on the premises must be kept contained and in the owner’s control at all times. This means tie outs must prevent the animal from reaching outside your reserved campsite, and animals must be on a leash a maximum of 6’ when away from your campsite. Pets must be well behaved and not disruptive to other campers.

4.   Pets cannot be left unattended at anytime.

5.   Owners must pick up after their pets, even in nature.

6.   Owners are responsible for their pets actions.

7.   Pets are not allowed in the public bathrooms.

8.   Willow Brook Campground reserves the right to require you to leave the premises for violation of pet policies.

CHECKING IN/OUT INSTRUCTIONS

Upon arrival to our campground, each person must check in at the camp office. You’ll show your ID, pay any fees, receive a wrist band, and verify that you have signed our Liability Waiver & Conduct Policy, which is required by all guests.

When ready to leave, all trash must be cleaned up (dumpster provided by the office), and your site must be left tidy. Fire rings must be clean of all trash and without an active fire.

Once you are sure your site is clean, you check out by stopping at the camp office, returning any life vests or game equipment, and letting us know that your site is empty.

PLEASE NOTE: If cabins/sites are left with trash, damage, tents, or other items, there will be a clean up/ damage fee charged to your card on file. You are responsible for leaving your site in an orderly manner.

By signing this document, you agree to have your card charged a clean up fee (amount determined by Willow Brook Campground manager), if applicable.