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RELEASE OF LIABILITY AND ASSUMPTION OF RISK FOR ALL RESORT ACTIVITIES

 


As a guest of The Omni Homestead Resort (the “Resort”), the individual(s) named below (collectively, “Participant”) may have access to and desire to participate in the Resort activities initialed by Participant on Exhibit A (collectively, the “Activities”), which Activities are provided by Omni Hotels Management Corporation, a Delaware corporation (“Omni”), as agent on behalf of The Homestead, L.C., a Virginia limited liability company d/b/a The Omni Homestead Resort (“Owner”). As lawful consideration for being permitted to participate in the Activities, Participant agrees to all terms and conditions set forth in this agreement (this “Agreement”). THIS IS A RELEASE OF LIABILITY AND ASSUMPTION OF RISK FOR ALL ACTIVITES INITIALED BY PARTICIPANT ON EXHIBIT A.

PARTICIPANT IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES THAT PARTICIPANT SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF OMNI. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY OMNI’S NEGLIGENCE OR GROSS NEGLIGENCE OR OTHERWISE.

Participant hereby expressly waives and releases any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Omni and Owner, their parent companies, affiliates, and subsidiaries, and their respective officers, directors, employees, agents, shareholders/members, successors, and assigns (collectively, the “Releasees”), arising out of or attributable to Participant’s participation in the Activities, whether arising out of the negligence or gross negligence of any Releasees or otherwise. Participant covenants not to make or bring any such claim against any Releasees, and forever releases and discharges the Releasees from liability under such claims.

Participant shall defend, indemnify, and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by the Releasees, arising out of or resulting from any claim of a third party related to the Activities.

This Agreement constitutes the sole and entire agreement between Omni, Owner, and Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Omni, Owner, and Participant and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of Virginia without giving effect to any choice or conflict of law provision or rule (whether of Virginia or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in federal or state courts located in Bath County, Virginia and Participant hereby consents to the exclusive jurisdiction of such courts.

 

BY SIGNING, I ACKNOWLEDGE AND AGREE THAT I HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OMNI AND OWNER, ON BEHALF OF MYSELF AND THE MINOR PARTICIPANT(S) LISTED BELOW, AND THAT THE MINOR PARTICIPANTS LISTED BELOW SHALL BE BOUND BY THE TERMS OF THIS AGREEMENT.



OUTDOOR ACTIVITIES

  • Archery
  • Cascades Gorge Hike
  • Biking
  • Kayaking
  • S’mores Express (Hayride)
  • Tomahawk Throwing


EQUESTRIAN CENTER

  • Carriage Ride
  • Horseback Riding
  • Handled Rides


SHOOTING CLUB

  • Skeet
  • Sporting Clays
  • Trap
  • Five-Stand
  • Rifle Range
  • Lessons
  • Observation 


FLY FISHING 

  • Guided Tour
  • Float Fishing
  • Casting Clinic
  • Fly Fishing School


ZIP TOUR

  • Red Tail Racer
  • Ridge Runner Canopy Tour


WINTER ACTIVITIES

  • Skiing
  • Snowboarding
  • Snow Tubing
  • Mini Snowmobiles
  • Ice Skating


SPA 

  • Services
  • Treatments
  • Classes
  • Serenity Garden
  • Hot tub
  • Infinity Pool
  • Octagon Pool
  • Finnish Sauna
  • River Reflexology Walk
  • Aqua Thermal Suite
  • Aromatic Steam Room
  • Herbal Cocoon
  • Chill Room
  • Experiential Showers
  • Heated Loungers
  • Lessons
  • Observation 


WARM SPRINGS POOLS

  • Bathhouses





First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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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*

Middle Name

Last Name*

Phone*
Parent or Guardian's 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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