In consideration of being permitted to use the facilities at French Lick Resort, including the French Lick Springs and West Baden Springs Hotels and affiliated recreational facilities, for any purpose, including but not limited to observation, use or any other manner, I, for myself, my personal representatives, my heirs, assigns and next of kin: 1. ACKNOWLEDGE, agree and represent that I understand the nature of the activity or activities (“activity”) indicated below by my signature and that I am qualified, in good health and in proper physical condition to participate in such activity and willingly agree to comply with the stated and customary terms and conditions of participation. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation of the activity. 2. FULLY UNDERSTAND that the aforementioned activity INVOLVES RISK AND DANGERS TO PERSONAL PROPERTY AND SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“risks”). These risks are dangers: (1) may be caused by my own actions or inactions, (2) the actions or inactions of others participating in the activity, (3) the condition in which the activity takes place or (4) the NEGLIGENCE OF THE RELEASEES NAMED BELOW. There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time. I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES, INCLUDING ATTORNEY’S FEES, I incur as a result of my participation or that of the minor in the activity. 3.HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE French Lick Resort, its affiliates, owners, administrators, directors, agents, offers, members, employees, volunteers, other participants, sponsors, or advertisers, and, if applicable, owners and lessors of premises on which the activity takes place (“releasees”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, DAMAGE TO PROPERTY OR OTHER DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this ACTIVITIES RELEASE, WAIVER AND INDEMNITY AGREEMENT, I, or anyone on my behalf, makes a claim against any of the releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from litigation expenses, attorney fees, loss, liability, damage or cost which any may incur as the result of such claim. 4.HEREBY RELEASE DISCHARGE AND COVENANT TO HOLD HARMLESS French Lick Resort, from any and all claims, damages, or liabilities arising from or related to the Services provided By Flatnose Productions. French Lick Resort shall not be held responsible for any actions, negligence, or misconducts of Flatnose Productions. BY signing you agree that participation in this activity is voluntary and against your own risk, and you waive any claims against French Lick Resort for any accidents or injuries related to this activity. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOT WITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I Agree December 3, 2024 |