In consideration for entrance onto the premises and participation in or observation of any event, including general park usage, I do hereby release, waive, discharge, and covenant to hold harmless America's Outdoor Adventure Park LLC, Odyssey Resorts LLC, AOAP Operations LLC, or any owner/owners thereof, leased land owners Cody, and Felicia Robinett, park employees or contractors, volunteers and/or their heirs (hereafter referred to as the RELEASEES) from any liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by me, while in, or upon the premises where the activities are being conducted, regardless of whether such loss is caused by the negligence of RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent as allowed by law. I understand that the activities and events herein are inherently dangerous and may pose a risk of harm. I hereby assume full responsibility for, and risks of, bodily injury, death or property damage due to the negligence of RELEASEES or otherwise while in or upon the premises while observing, participating, working for, or any other purpose related to activities or events at the Park.
It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, all heirs, assignees and personal representatives, and shall be deemed as a release, waiver, discharge, and covenant not to sue or take legal action against the above named RELEASEES. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
Photographs and/or video will be taken on this property. By being on property you hereby grant the event organizers and/or their agents, full rights to use the resulting images for publicity or other purposes. This may include, but is not limited to, the right to use them in their printed and online publicity, social media and press releases.
I understand that no minors are to be allowed or left unaccompanied in the Park at any time. I agreed to follow the Oklahoma State Laws/Statutes as they apply to minors and the riding of on or off-road vehicles at all times.
I agree to follow all safety rules in and on off-road vehicles at all times including but not limited to posted speed limits and the use of helmets at all times.
MASTER RENTAL AGREEMENT, LIABILITY WAIVER, & ADVENTURE CODE America’s Outdoor Adventure Park Effective Date of Policies: January 1st, 2026 NOTICE TO THE GUEST: THIS IS A LEGALLY BINDING CONTRACT THAT RADIATES TO EVERY ASPECT OF YOUR INTERACTION WITH AMERICA’S OUTDOOR ADVENTURE PARK. BY COMPLETING A RESERVATION, SUBMITTING PAYMENT, OR VOLUNTARILY ENTERING THE PHYSICAL BOUNDARIES OF THE RESORT, YOU FORMALLY ACKNOWLEDGE AND AGREE TO BE BOUND BY EVERY TERM, CONDITION, AND INDEMNITY OUTLINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY VACATE THE PREMISES. 1. DEFINITIONS AND COMPREHENSIVE BINDING SCOPE 1.1 The Resort Entities (The Protected Parties): The term “Resort” as used throughout this Agreement shall be interpreted in its most expansive, exhaustive, and inclusive legal sense possible. It shall refer to America’s Outdoor Adventure Park and its corporate umbrella, including, without limitation: all parent corporations, holding companies, sister companies, subsidiaries, affiliated business entities, successors-in-interest, assigns, and joint ventures. This definition further extends to all current, former, and future owners, shareholders, equity holders, investors, partners, directors, officers, board members, managers, supervisors, and employees. Crucially, it also encompasses all "Operational Staff" and "Field Personnel," including but not limited to: instructors, professional guides, safety marshals, course inspectors, rescue personnel, medical responders, mechanics, fleet managers, trail maintenance crews, and interns. Furthermore, this protection covers all independent contractors, third-party vendors, volunteers, consultants, agents, and representatives acting on behalf of or at the direction of the Resort. Finally, the term "Resort" explicitly includes all land-owners, lessors of real property (including government agencies or private trusts providing land access), lessors of personal property or equipment, and the Resort’s various insurance carriers, underwriters, and legal representatives. Every individual and entity listed or implied under this definition is a third-party beneficiary of the waivers, releases, and indemnities contained within this Agreement. 1.2 The Guest & Bound Parties (The Releasing Parties): The term “Guest” (alternatively “Renter,” “Customer,” “Participant,” or “Visitor”) refers to the primary individual identified in the digital reservation record, but its legal scope is intentionally broad. It shall include every person in the primary individual's traveling party, every individual listed on any manifest or check-in sheet, and all "Unmanifested Invitees" or "Visitors" (individuals who enter the property at the invitation, suggestion, or knowledge of the Guest but were not officially registered in the booking system). This definition includes all minors (persons under 18 years of age) and legally incapacitated persons for whom the Guest acts as a parent, legal guardian, or assumes actual, temporary, or de facto care/supervision. The primary Guest acknowledges Absolute Joint and Several Liability, meaning the primary Guest is personally, legally, and financially responsible for the actions, omissions, negligence, damages, and contractual compliance of every person in their party, including guests of guests. This Agreement is intended to be a perpetual covenant binding upon the Guest’s heirs, estate, executors, administrators, personal representatives, and assigns, ensuring that the release of liability and indemnity obligations survive the Guest’s death, disability, or incapacity. 1.3 The Premises & Jurisdictional Reach (The Geographical Scope): “Premises” refers to the totality of the real and personal property owned, leased, managed, or controlled by the Resort, including the airspace above and the subsurface below. This includes, without limitation: all lodging units (cabins, lodge buildings, yurts, tents, RV sites, and campsites); common area facilities (pools, lounges, bathhouses, laundries, retail spaces); administrative, storage, and maintenance buildings; utility easements; parking lots; and the entirety of the "Outdoor Adventure Zone." The "Outdoor Adventure Zone" includes all designated trails (off-road, technical, hiking, or biking), as well as "Social Trails," "Unauthorized Paths," and all "Off-Trail" areas. It encompasses all topographical features, including but not limited to: rock faces, cliffs, bluffs, ravines, canyons, sinkholes, scree slopes, caves, wooded acreage, and meadows. It also includes all water bodies and hydrological features, including lakes, ponds, man-made reservoirs, riverbanks, streams, marshlands, and drainage areas. Crucially, "Premises" extends to any third-party lands or public lands (e.g., National Forest or BLM land) where the Resort has been granted traversal rights or where Guests may reasonably be expected to travel during a Resort-sponsored, guided, or self-guided Activity. The Guest acknowledges that the "Premises" is a wild, unmanicured, and inherently dangerous wilderness environment and that there is no warranty of safety or "suitability for purpose" regarding any topographical feature or man-made structure thereon. 1.4 Scope of Activities & Engagement (The Operational Scope): The term “Activities” as used throughout this Agreement shall refer to any and all interactions with the Resort environment, whether such interactions are active, passive, guided, self-directed, or purely accidental in nature. This scope encompasses, without limitation, all forms of Mechanized Activity involving the operation of, transport within, or physical proximity to high-performance machinery such as ATVs, UTVs, Side-by-Sides, Go-Karts, Motorcycles, and Electric Vehicles, regardless of whether such equipment is owned by the Resort, the Guest, or a third party. It further includes all Wilderness and Terrestrial Interaction, such as backcountry trekking, hiking, trail running, mountain biking, camping, and the observation of wildlife. The definition also extends to all Aquatic and Riparian Activity, including but not limited to swimming, wading, boating, kayaking, canoeing, and fishing, as well as the mere act of standing upon docks, piers, or riverbanks. Furthermore, the Guest acknowledges that Activities include all forms of Educational and Social Engagement, such as participation in racing clinics, mechanical workshops, wood-carving instruction, communal campfire gatherings, or group dining events. Crucially, the term also covers the necessary Maintenance of Life and Passive Presence, encompassing the acts of walking, sitting, eating, drinking, sleeping, using a restroom facility, or otherwise being physically present on the Premises in any capacity whatsoever. Additionally, Incidental Interaction with Resort-provided tools, electronic amenities such as RC cars and game consoles, furniture, or safety equipment is included. The Guest acknowledges that the term “Activities” expressly includes all forms of transit and travel to, from, and between any specific locations on the Premises, whether such transit is conducted by foot, by vehicle, or by any other means of locomotion. 2. FINANCIAL OBLIGATIONS, BOOKING PROTOCOLS, & CANCELLATION RECOVERY 2.1 Binding Financial Commitment and Inventory Withdrawal: By initiating and completing a reservation through the Resort’s digital booking engine, telephonic reservation system, or any authorized third-party affiliate, the Guest enters into a firm, legally enforceable, and irrevocable financial contract with America's Outdoor Adventure Park; the Guest acknowledges and agrees that the Resort operates as a high-demand, inventory-constrained adventure destination and that by reserving a specific lodging unit or site including but not limited to Cabins, Lodge Rooms, or RV Sites, the Resort immediately and permanently removes that specific inventory from the global public marketplace for the duration of the reserved dates, thereby forfeiting the opportunity to market, advertise, or rent said inventory to other potential parties, and as such, all payment schedules, automated billing cycles, and cancellation protocols established herein are absolute, strictly enforced, and not subject to variance, waiver, or modification based on personal circumstances, travel disruptions, or external factors. 2.2 Automated Payment and Tiered Billing Schedule: For all advance reservations defined as those made thirty (30) days or more prior to the scheduled arrival date, a mandatory twenty-five percent (25%) non-refundable commitment fee, hereafter referred to as the Deposit, is required at the moment of booking and is considered earned by the Resort immediately upon receipt as consideration for the administrative overhead of processing the reservation and the substantial opportunity cost of holding the inventory; while the Guest may elect to pay the one hundred percent (100%) total balance at the time of booking, such an election does not alter the non-refundable status of the initial twenty-five percent (25%) portion of the total, and for all advance bookings not paid in full at the time of reservation, the Guest grants express and irrevocable authorization for the Resort’s automated billing system to charge the remaining seventy-five percent (75%) balance to the credit card on file exactly thirty (30) days prior to the scheduled arrival date, it being the Guest's sole and exclusive responsibility to ensure that a valid, high-limit payment method is maintained on file to facilitate this transaction without failure. Short-notice reservations initiated thirty (30) days or less prior to the scheduled arrival date require one hundred percent (100%) payment in full at the moment of booking, which funds are considered immediately earned by the Resort as a liquidated administrative cost and are strictly non-refundable under all circumstances. 2.3 Tiered Cancellation, Forfeiture, and Refund Protocols: In the event the Guest provides formal, written notice of cancellation thirty (30) days or more before the scheduled arrival date, the Resort shall issue a refund for the seventy-five percent (75%) balance portion of the booking, though the initial twenty-five percent (25%) commitment fee remains strictly non-refundable and will be retained by the Resort as a cancellation penalty regardless of whether the Guest elected to pay the total balance at the time of booking; however, for late cancellations where notice is provided twenty-nine (29) days or less prior to arrival, all payments received—representing the full one hundred percent (100%) of the reservation total—are deemed earned by the Resort as liquidated damages for the loss of rental opportunity and are entirely non-refundable and non-transferable to future dates without exception for any cause, including but not limited to transportation delays, inclement weather excluding Resort-declared Force Majeure, personal illness, family emergencies, or employment-related conflicts. 2.4 The "Re-Rent" Recovery Program and Administrative Offsets: In recognition of unforeseen emergencies, the Resort offers a secondary, discretionary recovery mechanism for cancellations made within the twenty-nine (29) day non-refundable window whereby upon receipt of a formal late cancellation notice, the Resort will immediately re-list the unit or site on its public booking platforms, and a refund of the Guest’s payments including the twenty-five percent (25%) deposit will only be issued if the Resort successfully secures a replacement booking for the exact original dates and at a nightly rate equal to or higher than the original reservation; any such refund is subject to a mandatory one hundred and fifty dollar ($150) administrative cancellation fee which will be deducted from the total refund amount, provided that if the unit remains vacant for any portion of the original dates or if the Resort is forced to discount the rate to attract a last-minute replacement, no refund or credit will be issued for those unrecovered funds, though the Guest retains the right to gift or sell their reservation to a third party provided management is contacted to update the manifest and the transferee provides a valid credit card for the security deposit and future liabilities. 2.5 Security Deposit, High-Risk Youth Drivers, and Comprehensive Damage Recovery. A mandatory five hundred dollar ($500) security deposit is required for every standard reservation and is processed as a temporary hold or charge at the time of check-in, provided however that any reservation involving a high-risk youth driver under the age of twenty-one (21) shall instead require a mandatory one thousand dollar ($1,000) security deposit of which five hundred dollars ($500) is strictly non-refundable as an administrative high-risk premium. In the event a Guest utilizes the self-check-in process or otherwise fails to complete a formal check-in with the Resort concierge, the Guest explicitly acknowledges and authorizes the Resort to automatically process the applicable security deposit—including the mandatory non-refundable high-risk premium where applicable—to the payment method on file. The Guest acknowledges that these deposits serve only as a baseline administrative hold and specifically do not constitute a cap, ceiling, or any other limitation of the Guest's total financial liability for any and all damages incurred to the Resort’s property, including but not limited to, any rental units, vehicles, or equipment, whether such equipment is operated under the Polaris Program or any other rental or recreational program offered by the Resort. The Guest explicitly authorizes the Resort to apply the full amount of any such security deposit toward the cost of damages, deductibles, or fees incurred under the Polaris Fleet Program or any other equipment rental, as the security deposit constitutes a universal collateral fund for all Guest obligations. The Guest further understands that while Section 3.2 may outline specific per-incident thresholds for the Polaris Fleet, such amounts are baseline assessments and do not absolve the Guest of full, personal, and legal liability for the total outstanding balance of restoration or replacement costs if the damage, loss of use, or diminished value exceeds the initial deposit or threshold. If the total cost of restoration, professional deep cleaning, specialized sanitization including the mandatory five hundred dollar ($500) smoking or vaping fine, or property replacement for any rental unit or facility exceeds the initial deposit amount, the Guest remains liable for the total balance as determined by the Resort’s exhaustive post-stay forensic inspections involving high-resolution photography and maintenance logs which shall be deemed conclusive evidence of Guest liability. Furthermore, the Guest agrees to be billed at market-rate for all replacement parts and professional labor at a rate of one hundred dollars ($100) per hour plus any applicable expedited procurement fees, loss of use fees, or diminished value assessments, with the Guest's signature serving as authorization for the Resort to pursue the full recovery of all such costs beyond the initial deposit for any damage sustained to any unit or property during the duration of the Guest's stay. 2.6 Autodraft Authorization, Debt Collection, and Chargeback Waiver: The Guest provides an express and irrevocable authorization for the Resort to autodraft any and all credit card(s) on file for damages, missing property, local fines, or fees discovered post-stay without the requirement of further signature or verbal consent. Pursuant to Oklahoma Statutes Title 15 § 507, the Guest is legally liable for full restitution of damages, including lost revenue if a unit is rendered unrentable; accordingly, the Resort reserves the right to process these charges at any time within the statutory limitations of Oklahoma contract law, typically following the three (3) to seven (7) business day forensic inspection window. In the event that the Guest’s credit card is declined, reported stolen, or otherwise fails to process for any liability, the debt remains a binding legal obligation which the Resort will pursue through third-party collection agencies and civil litigation. The Guest agrees to be responsible for all costs of collection, including a thirty-five percent (35%) collection agency fee, reasonable attorney fees, and associated court costs. Furthermore, the Guest expressly waives the right to initiate a credit card chargeback or dispute with their financial institution for any validly processed payment as defined by the terms of this Agreement, acknowledging that any such dispute constitutes a material breach of contract and a bad-faith attempt to circumvent the consumer protections established under 15 O.S. § 761.1. 2.7 Manifest Error Clause: The Resort reserves the absolute right to cancel any booking and refund the Guest in full if a manifest error was made in the pricing, duration, or inventory availability displayed on the booking engine at the time of reservation, and the Guest agrees that the Resort's liability in such an event is limited strictly to the refund of funds actually paid. 3. POLARIS FLEET: PROFESSIONAL EQUIPMENT STANDARDS & OPERATOR REQUIREMENTS 3.1 High-Performance Machinery and Operator Mandates: The Guest acknowledges and understands that the Polaris off-road vehicles, including but not limited to Side-by-Sides, UTVs, and ATVs provided by the Resort, are high-performance, professional-grade machinery capable of significant speed and power and are unequivocally not to be categorized as recreational toys; consequently, their operation requires high levels of physical coordination, mental alertness, and strict adherence to professional safety protocols. To operate any Polaris vehicle independently and without a supervising passenger, the operator must be at least twenty-one (21) years of age and possess a valid, unrestricted government-issued driver’s license, whereas individuals under the age of twenty-one (21) may only operate a vehicle if they possess a valid driver’s license and are accompanied at all times within the vehicle by a parent or legal guardian who is at least twenty-one (21) years of age and who assumes full legal and financial responsibility for the actions of the minor operator. The Resort reserves the absolute right to inspect and photocopy driver’s licenses at any time, and any attempt to circumvent these age requirements shall be deemed a material breach of this Agreement resulting in immediate eviction without refund. 3.2 Financial Liability, Program Enrollment, and Automatic Recovery Protocols. The Guest acknowledges that the standard financial liability for any damage to a Resort vehicle is the full replacement or restoration cost of said vehicle; however, if the Guest formally elects to enroll in and signs the specific Polaris Program Agreement, the Guest’s financial liability for accidental damage falling outside of "normal wear and tear" shall be capped at a maximum deductible of one thousand five hundred dollars ($1,500) per vehicle unit, per incident. Guests who decline or otherwise fail to execute the Polaris Program Agreement remain fully, personally, and legally liable for one hundred percent (100%) of all damages, parts, labor, and total loss values as established in Section 2.5 of this Agreement. In either scenario, the Guest explicitly authorizes the Resort to automatically draft the credit card on file for any assessed damages, deductibles, or fees immediately upon the discovery of the incident or during post-stay forensic inspections, with the Guest's signature serving as a pre-authorized payment mandate for all such recovery costs. For purposes of administrative efficiency and fleet safety, the Guest agrees that any vehicle rollover shall result in an immediate, automatic charge of the maximum one thousand five hundred dollar ($1,500) deductible (if enrolled) or the full estimated repair value (if not enrolled) to the Guest’s account without further notice. The Resort shall provide the Guest with a comprehensive damage report and assessment within three (3) to seven (7) business days following the Guest's checkout date, detailing the findings and final billing totals; however, the Resort’s internal assessment of negligence, "abuse," or equipment failure remains final and binding, and the Guest waives any right to delay payment or dispute the automated draft pending the receipt of said report. 3.3 Structural Integrity and Mandatory OEM Replacement Standards: To ensure that every Guest operates a machine with one hundred percent (100%) structural and mechanical integrity, the Resort maintains a strict "Replacement over Repair" policy for all safety-critical components; therefore, if a vehicle’s roll cage (ROPS), door frame, A-arm, steering rack, or chassis is dinged, bent, warped, or otherwise compromised, the Resort will not attempt to straighten, weld, or patch the part, but will instead order a brand-new, factory-certified OEM replacement through the official Polaris Parts Program and Purchase Portal to preserve factory warranties and safety certifications. The Guest acknowledges that this policy is necessary for the preservation of life and the continued air-worthiness and trail-worthiness of the fleet, and they waive any objection to the higher costs associated with full part replacement over inferior repair methods. 3.4 Electronic Tampering, Fluid Contamination, and Mechanical Integrity: The Guest is strictly prohibited from attempting to bypass, modify, "chip," or otherwise tamper with the vehicle’s Electronic Control Unit (ECU), speed governors, or GPS tracking systems; any such tampering shall be deemed a willful act of property destruction and will result in the immediate forfeiture of the security deposit and the assessment of full restoration costs to return the vehicle to factory specifications. Furthermore, the Guest assumes absolute liability for any engine or fuel system damage resulting from "Fluid Contamination," including but not limited to the introduction of incorrect fuel types (e.g., diesel in a gasoline engine), contaminated fuel, or water ingestion from unauthorized deep-water crossings. All costs associated with fuel system flushing, engine rebuilding, or specialized cleaning necessitated by such negligence shall be billed directly to the Guest at the professional shop rates established herein. 3.5 Load Capacities, Towing Prohibitions, and Suspension Abuse: The Guest acknowledges that each Polaris vehicle has a strictly defined maximum occupancy and payload capacity and agrees that exceeding these limits by carrying additional passengers or excessive cargo constitutes a severe safety hazard and a material breach of this Agreement. The Guest is strictly prohibited from utilizing the vehicle for "Towing" or "Recovery" of other vehicles, whether Resort-owned or personal, as such actions cause catastrophic stress to drive-belts, transmissions, and axles; any Guest found to have utilized a vehicle for unauthorized towing shall be assessed a mandatory five hundred dollar ($500) "Mechanical Stress Diagnostic Fee" in addition to the cost of any parts found to be compromised during the Resort’s forensic inspection. 3.6 Ancillary Property, Digital Assets, and Safety Gear: The Guest assumes full replacement liability for all ancillary property provided with the vehicle, including but not limited to digitized ignition keys or fobs, on-board GPS tablets, communication headsets, and provided safety gear such as helmets and eye protection. The Guest acknowledges that modern digitized keys often require specialized programming at a cost exceeding three hundred dollars ($300) per unit and agrees that the loss or destruction of any such item will be billed as a direct replacement cost. All provided safety gear must be returned in a sanitary and undamaged condition; any gear rendered unusable due to biological contamination or physical abuse will be billed at the full current retail replacement price.
3.7 Post-Incident Revocation and Inspection Responsibilities: In the event that a Guest renders a vehicle inoperable or rolls a machine, the Resort reserves the absolute right to immediately revoke all driving privileges for the remainder of the stay without refund. The Guest is required to perform a comprehensive visual inspection prior to operation, and by moving the vehicle from its starting position, the Guest acknowledges that the vehicle was received in good working order; any pre-existing defects must be reported immediately and documented in the digital manifest to avoid the assumption of liability for said conditions upon the vehicle's return. 4. ASSUMPTION OF RISK, COMPREHENSIVE WAIVER OF LIABILITY, AND PARENTAL INDEMNITY 4.1 Acknowledgment of Inherently Hazardous Environment and Boundary Activation: The Guest acknowledges and understands that America’s Outdoor Adventure Park is a raw, unmanicured, and inherently dangerous wilderness environment characterized by significant topographical hazards that cannot be eliminated without fundamentally altering the nature of the experience. By crossing the physical boundary line of the Resort property, the Guest expressly accepts that the Resort offers no warranty, express or implied, regarding the safety or fitness for use of any trail, path, waterway, rock face, or man-made structure, and the Guest voluntarily assumes all risks associated with navigating this terrain, including but not limited to risks of slips, trips, falls, and collisions with natural or man-made objects. The Guest acknowledges that the legal protections, waivers of liability, and assumption of risk terms contained in this Agreement are triggered and become legally binding the exact moment the Guest or any member of their party enters the Premises, regardless of check-in status or whether a specific Activity has commenced. 4.2 Detailed Inventory of Inherent Risks and Personal Responsibility for Supervision: Participation in Activities involves significant risks including environmental hazards such as lightning, flash flooding, falling timber, and rock debris; geological hazards like unstable ground, cliffs, and hidden crevices; wildlife encounters with bears, mountain lions, and venomous reptiles; and activity-specific dangers such as mechanical failure or human error. The Guest acknowledges that they are solely responsible for their own safety and the constant, vigilant supervision of every member of their party, including all minors. The Guest expressly waives any claim of "Negligent Supervision" against the Resort, affirming that the Guest is the best-positioned party to evaluate the physical and mental capabilities of their party members and to ensure their compliance with safety protocols at all times. 4.3 Use of Guest-Owned Equipment and Non-Bailment Status: In the event that the Guest utilizes their own personal equipment on the Premises—including but not limited to off-road vehicles, mountain bikes, climbing gear, or aquatic vessels—the Guest acknowledges that they do so at their own absolute and exclusive risk; the Resort makes no representation regarding the suitability of the trails or terrain for any specific piece of Guest-owned equipment, and the Guest waives any and all claims for damage to personal property resulting from terrain conditions, trail design, or natural hazards. Furthermore, the Guest agrees that the Resort does not take custody, control, or possession of the Guest’s personal property at any time; the relationship between the Resort and the Guest regarding the parking of vehicles or storage of gear is not one of "bailment," and the Resort shall have no liability for the theft, loss, or destruction of Guest-owned property regardless of the cause or any alleged lack of security measures. 4.4 Unconditional Waiver, Release of Liability, and Covenant Not to Sue: To the maximum extent permitted by applicable law, the Guest hereby irrevocably waives, releases, and forever discharges the Resort from any and all claims, demands, or causes of action arising out of or related to any loss, damage, personal injury, permanent disability, or death sustained on the Premises. This waiver specifically includes any claims resulting from the negligence of the Resort, such as negligent maintenance of trails, negligent instruction, or negligent equipment repair. The Guest enters into a "Covenant Not to Sue," agreeing that they will not initiate, join, or participate in any lawsuit or legal proceeding against the Resort for any injury or loss occurring on the Premises, acknowledging that this Agreement may be pleaded as a full and complete defense to any such action. 4.5 Minor Liability and Mandatory Parental Indemnity: The Guest acknowledges that in many jurisdictions, a minor cannot legally waive their right to sue for negligence. Therefore, as a material inducement for the Resort to permit minors in the Guest's party to access the Premises, the Guest, acting as parent or legal guardian, hereby agrees to indemnify, defend, and hold harmless the Resort from and against any and all claims brought by, or on behalf of, any minor in the Guest's party. This means that if a minor, or any person acting on the minor's behalf, initiates a legal action against the Resort for any reason, the Guest shall be personally and financially responsible for all of the Resort’s legal defense costs, attorney fees, and the full amount of any judgment or settlement rendered against the Resort. 4.6 Liability for Unmanifested Invitees and Non-Signing Guests: The Guest assumes absolute responsibility for any individual they invite, suggest, or allow onto the Premises who has not executed this Master Rental Agreement. If any such "Unmanifested Invitee" sustains an injury or loss and initiates a claim against the Resort, the primary Guest agrees to fully indemnify and defend the Resort against such claims. The Guest acknowledges that they are the guarantor of safety for their own invitees and that the Resort’s permission for such individuals to be on the property is strictly contingent upon the Guest's agreement to assume all associated legal and financial risks. 4.7 Medical Authorization and Emergency Financial Responsibility: In the event of a medical emergency where the Guest is incapacitated or unable to communicate, the Guest hereby grants the Resort the authority to administer first aid, seek emergency medical treatment, and arrange for emergency transportation, including air-evacuation. The Guest acknowledges that adventure activities occur in remote locations where help may be delayed and costs for specialized rescue are high. The Guest agrees to be solely responsible for all costs associated with such care and transportation and shall indemnify the Resort for any expenses incurred during an emergency response. 5. THE ADVENTURE CODE: GENERAL PARK RULES AND ENVIRONMENTAL STEWARDSHIP 5.1 Strict Fire Ban and Wildfire Prevention Protocols: The Guest acknowledges that the Resort is situated in a geographic region highly susceptible to catastrophic wildfires and that adherence to fire safety is a non-negotiable condition of stay; consequently, the Resort maintains a zero-tolerance, absolute ban on all individual campfires, charcoal grills, or open flames at any cabin, lodge unit, or RV site, and any Guest found igniting an unauthorized flame will be subject to an immediate one thousand dollar ($1,000) fine and potential eviction, while assuming full legal and financial liability for any suppression costs, government fines, or property damage resulting from an unauthorized fire started by the Guest or their party. This ban extends to the use of any electronic device or vape-pen in wooded areas where lithium battery failure or hot surfaces may pose a spark risk, and the only permitted fire activity on the Premises is the managed "Communal Fire Experience" operated solely by Resort personnel, and any attempt to interfere with or independently stoke these communal fires is strictly prohibited. 5.2 Absolute Substance and Impairment Policy: The safety of the high-risk adventure environment depends entirely on the sobriety and mental alertness of all participants, and the Resort maintains an absolute zero-tolerance policy regarding the use of alcohol, marijuana (including legal or medicinal derivatives), or any controlled substance prior to or during the operation of machinery or participation in any Activities; this policy strictly includes the use of legally prescribed or over-the-counter medications that may cause drowsiness, impaired judgment, or diminished physical coordination, and the Guest affirms that they will not participate in any high-risk Activity while under the influence of any substance that could reasonably impair their ability to operate machinery or navigate wilderness terrain. If, in the sole and absolute discretion of Resort staff, a Guest appears to be impaired, incoherent, or otherwise demonstrates diminished capacity for any reason, their access to the Adventure Zone and all excursions will be revoked immediately without refund, and any violation of this policy is grounds for immediate removal from the property as a material breach of this Agreement. 5.3 Firearms, Weapons, and Projectile Prohibition: For the safety of all guests, staff, and local livestock, the Resort maintains a strict prohibition on the discharge of any firearm, air-rifle, bow, or projectile-launching device on the Premises; while Guests may possess legally owned firearms in their vehicles or lodging units in accordance with state law, any unholstered display or discharge of a weapon is grounds for immediate "On-Sight" eviction and forfeiture of all funds. The Guest acknowledges that the sound of gunfire or the presence of projectile weapons is a disruption to the park’s environment and a severe safety hazard to other guests navigating the trail network, and the Guest agrees to indemnify and defend the Resort against any claims arising from the Guest's possession or use of any weapon while on the Premises. 5.4 Comprehensive Pet, Service Animal, and Livestock Policy: While the Resort permits certain pets subject to a non-refundable one hundred and fifty dollar ($150) fee for up to two pets, all animals must be sixty (60) pounds or under and specific aggressive breeds—including but not limited to Pit Bull Terriers, Staffordshire Terriers, Rottweilers, German Shepherds, Presa Canarios, Chow Chows, Doberman Pinschers, Akitas, Wolf-hybrids, Mastiffs, Cane Corsos, Great Danes, Alaskan Malamutes, and Siberian Huskies, as well as any mixed-breed containing these lineages—are strictly prohibited on the Premises. The Guest acknowledges that these behavioral and liability standards apply equally to "Service Animals," and the Guest remains one hundred percent liable for any injury to staff, other guests, or Resort livestock caused by any animal in their party, as well as for any property damage which will be autodrafted according to the recovery protocols established in this Agreement; furthermore, all animals must remain leashed and under the direct physical control of the Guest at all times while in common areas or on the trail network, and any animal demonstrating aggression or threatening behavior must be removed from the Premises immediately upon Resort request. 5.5 Prohibition of Unauthorized Mechanical Maintenance and Equipment Tampering: The Guest is strictly prohibited from performing any mechanical work, maintenance, "tinkering," or alterations to any Resort-owned equipment or Polaris fleet vehicles; the Guest acknowledges that any unauthorized attempt to repair or modify Resort property immediately voids all Resort liability for subsequent mechanical failures and renders the Guest one hundred percent liable for any resulting damage, injury, or catastrophic equipment failure. Any mechanical issues discovered during use must be reported immediately to Resort maintenance personnel, and the Guest shall not attempt to "self-correct" or fix any such issue under any circumstances, as the integrity of the fleet is a safety-critical priority managed exclusively by Resort certified technicians. 5.6 Trash Management, Wildlife Protection, and Trail Stewardship: To prevent attracting dangerous wildlife to guest areas, all refuse must be placed exclusively in bear-proof or designated receptacles and never left outside on porches or in vehicle beds overnight, and any failure to maintain a clean site will result in an immediate forfeiture of the security deposit as liquidated damages for the increased risk of predator encroachment. Additionally, Guests must adhere to "Leave No Trace" principles and remain on marked trails at all times, as the creation of social trails or off-trail exploration causes irreversible ecological damage and is strictly prohibited to protect the environmental integrity of the Premises and ensure the safety of the Guest party; the Guest further agrees not to cut, move, or damage any trees, flora, or geological features, with wood-carving permitted only on Resort-provided timber in designated workshop areas. 6. ACCOMMODATIONS, LOGISTICS, & RIGHT OF ENTRY 6.1 Access Schedules & Temporal Bounds: Standard Check-In (3:00 PM): The Resort strives to have all lodging units and RV sites ready for occupancy by 3:00 PM. The Guest acknowledges that early access to units is not guaranteed and that attempting to enter a unit or site prior to 3:00 PM without express management approval is a violation of Resort policy. Standard Check-Out (11:00 AM): To facilitate the rigorous sanitization and maintenance protocols required for incoming adventure guests, the Guest must fully vacate their unit or site by 11:00 AM. The Two-Hour Grace Window: The Resort offers a complimentary two-hour window for early arrivals or late departures, strictly subject to real-time inventory availability. This window is a privilege, not a right, and must be confirmed with the front desk. Half-Day Rate & Unauthorized Overstay: Any arrival or departure that extends beyond the two-hour grace window will trigger an automatic Half-Day Rate charge (50% of the current nightly rate) to the credit card on file. Excursion Exclusion for Extended Access: Guests utilizing the half-day extended access are encouraged to use the pool, lounge area, and general grounds. However, to maintain the safety and logistical timing of professional fleet operations, half-day guests are strictly prohibited from participating in guided rides, excursions, or racing clinics during this extended stay window. 6.2 Property Sovereignty & Right of Entry: Unannounced Entry Rights: The Guest acknowledges that they are a licensee of the Resort and not a tenant with exclusive possession. The Resort, its management, maintenance teams, and security personnel reserve the absolute right to enter any lodging unit, cabin, or RV site at any time, without prior notice to the Guest. Purpose of Entry: Such entry may be performed for: (a) performing essential maintenance or emergency repairs; (b) conducting safety inspections; (c) verifying occupancy counts; (d) addressing suspected policy violations (including smoking or pet rule infractions); or (e) responding to noise complaints or welfare checks. 6.3 Occupancy Limits & Party Integrity: Stated Capacity Standards: The Guest agrees that the total number of occupants (including children and infants) shall not exceed the maximum capacity stated in the digital reservation record. Exceeding this limit constitutes a material breach of this Agreement and is grounds for immediate eviction of the entire party without refund. No Subleasing or Assignment: The Guest is prohibited from subleasing, assigning, or "sub-renting" any portion of their accommodation to a third party. All guests on the Premises must be registered members of the primary Guest's party as identified during the check-in process. 7. DISPUTE RESOLUTION, MANDATORY ARBITRATION, & CONFIDENTIALITY 7.1 Mandatory Binding Arbitration: The Guest and the Resort agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, the Guest's stay at the Resort, or any Activities participated in (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved exclusively through final and binding arbitration, rather than in a court of law. Waiver of Jury Trial: By signing this Agreement, the Guest knowingly and voluntarily waives their right to a trial by jury or to have their case heard in a court of civil law. Venue and Jurisdiction: The arbitration shall take place in the county and state where the Resort is physically located, unless otherwise agreed upon in writing by both parties. The proceedings shall be governed by the commercial arbitration rules of a recognized national arbitration association. 7.2 Class Action Waiver: The Guest agrees that any arbitration or legal proceeding shall be conducted solely on an individual basis and not in a class, consolidated, or representative action. The Guest expressly waives the right to participate in any class-action lawsuit or class-wide arbitration against the Resort. 7.3 Strict Non-Disclosure of Disputes: The Guest acknowledges that the Resort’s reputation is a vital business asset. Therefore, as a material condition of this Agreement, the Guest agrees that the existence, subject matter, evidence, testimony, and results of any dispute or arbitration proceeding shall remain strictly confidential. Prohibition on Disclosure: The Guest shall not disclose any details regarding a dispute to any third party (including but not limited to news media, social media platforms, or public forums) without the express written consent of the Resort, except as may be required by law or to satisfy insurance reporting requirements. 7.4 Non-Disparagement & Protection of Brand Integrity: The Guest agrees to refrain from making any statements, whether verbal or written, that are disparaging, defamatory, or slanderous toward America’s Outdoor Adventure Park, its employees, or its owners. Online Conduct & Defamation: The Resort maintains a zero-tolerance policy for the publication of "Materially Off-Base" or "Untrue" statements on online platforms, including but not limited to Google Reviews, Yelp, Facebook, Instagram, or TikTok. Right to Pursue Legal Damages: The Resort reserves the express right to pursue legal action for damages (including loss of business revenue and damage to brand equity) against any Guest who publicly files or posts defamatory statements or reviews that are not grounded in true, verifiable facts. Removal of Misstatements: The Guest acknowledges that the Resort may seek injunctive relief to compel the removal of any online content found to be defamatory or in violation of this non-disparagement clause. 7.5 Survival of Covenants: The obligations of confidentiality and non-disparagement contained in this Section 7 shall survive the termination of this Agreement and the Guest's departure from the Premises, remaining in effect in perpetuity. 8. RIGHT OF EVICTION, IMMEDIATE REMOVAL, AND TOTAL FORFEITURE OF FUNDS 8.1 Absolute Discretion of Resort Management: The Guest acknowledges and agrees that America’s Outdoor Adventure Park is a private, safety-critical facility and that the Resort, acting through its owners, managers, and security personnel, reserves the absolute, unilateral, and non-appealable right to terminate this Agreement and require the immediate removal of any Guest or member of the Guest’s party from the Premises at any time, for any reason deemed sufficient by Resort management. 8.2 Grounds for Immediate Eviction: While the Resort prefers to resolve issues through communication, certain behaviors will result in immediate, on-sight eviction without prior warning, including, but not limited to, any safety violations such as the disregard for vehicle operation protocols, ignoring guide instructions, tampering with safety equipment, speeding, off-trail driving, or entering prohibited zones or staff-only areas; any form of impairment or substance use including alcohol, marijuana, or controlled substances prior to or during the operation of machinery or participation in high-risk activities; any aggressive, threatening, or disrespectful behavior toward Resort staff, livestock, or other guests, as well as persistent noise violations or behavior that threatens the serenity of the landscape or the quiet enjoyment of other guests; and any comprehensive policy breach of the Resort's Policies and Procedures or the Adventure Code, which shall be considered a material breach of this contract, including unauthorized ignition of flames, campfires, or grills, smoking or vaping inside any Resort-owned structure, the presence of prohibited dog breeds or failure to control permitted pets, exceeding occupancy limits, unauthorized use of amenities, failure to adhere to Leave No Trace principles, unauthorized commercial activity, and any failure to comply with verbal or written instructions provided by Resort staff or any other act or omission that compromises the safety, integrity, or reputation of the Resort, or any suspected violation of local, state, or federal law. 8.3 Financial Consequences and Total Forfeiture: The Guest expressly acknowledges that eviction from the property for a violation of Resort Policies and Procedures constitutes a material breach of this Agreement, and in the event of such an eviction, no refunds, credits, or offsets shall be issued for any unused portion of the stay, nor for any pre-paid activities, guided tours, or racing clinics; furthermore, the Guest agrees that the Security Deposit may be forfeited in its entirety if the eviction is the result of behavioral misconduct or property damage at the sole discretion of the Resort, and the Guest acknowledges that the forfeiture of these funds serves as liquidated damages to compensate the Resort for the administrative burden of the eviction, the loss of revenue, and the disruption to the Resort community. 8.4 Immediate Vacancy and Relocation Liability: Upon being notified of an eviction, the Guest and their entire party must vacate the Premises within sixty (60) minutes, or as otherwise directed by Resort staff, and any failure to vacate the Premises upon request will be treated as criminal trespassing for which the Resort will seek the assistance of law enforcement to remove the party; the Resort assumes zero liability for any costs the Guest may incur as a result of an eviction, including but not limited to emergency transportation, last-minute hotel accommodations, or travel disruption, and the Guest is solely responsible for their own relocation and the safety of their party once they have been ordered to leave. 8.5 Survival of Liability: An eviction does not release the Guest from their financial responsibilities under this Agreement, and the Resort retains the right to charge the Guest’s credit card for any damages discovered post-eviction, equipment replacement costs, or cleaning fees, as outlined in Sections 2 and 6 of this Agreement. 9. COMPREHENSIVE MEDIA RELEASE, INTELLECTUAL PROPERTY RIGHTS, AND PRIVACY CONSENT The Guest acknowledges and understands that America’s Outdoor Adventure Park is a highly visual and public-facing adventure environment where the Resort and its authorized agents frequently conduct photography, video recording, and other forms of media capture for promotional, marketing, and commercial purposes. As a material condition of entry onto the Premises and participation in any Activities, the Guest, on behalf of themselves and every member of their party (including all minors and invitees), hereby grants to the Resort an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable right and license to use, reproduce, distribute, display, and publish the Guest’s name, image, likeness, voice, and biographical information as captured on the Premises in any and all media now known or hereafter devised. This grant of rights specifically includes, but is not limited to, use in social media posts, television broadcasts, print advertisements, digital marketing campaigns, website content, and promotional films, and the Guest expressly waives any right to inspect or approve the finished product or the advertising copy that may be used in connection therewith. Furthermore, the Guest acknowledges that there is no expectation of privacy while in the "Adventure Zones," common areas, trails, or any other public-facing portion of the Resort, and the Guest understands that security and "action-capture" cameras may be operational at all times. The Guest hereby releases, holds harmless, and forever discharges the Resort from any and all claims, demands, or causes of action relating to invasion of privacy, right of publicity, defamation, or any other intellectual property claim arising out of the use of such media. The Guest further agrees that all photographs, videos, or other media captured by the Resort or its contractors are the sole and exclusive property of the Resort, and the Guest shall have no claim to any compensation, royalties, or proceeds derived from the commercial exploitation of said materials. In the event that the Guest or members of their party capture their own media on the Premises, they are granted a limited, personal-use license to share such media on personal social platforms; however, the use of drones or professional-grade recording equipment for commercial or professional media production is strictly prohibited without a separate, written Media Production Agreement executed by Resort management. 10. FORCE MAJEURE, SERVICE INTERRUPTIONS, AND ACTS OF GOD The Guest acknowledges and agrees that America’s Outdoor Adventure Park is situated in a high-risk wilderness environment and that the Resort’s operations are fundamentally subject to the unpredictable and often violent forces of nature, which may necessitate the immediate suspension or cancellation of Activities or the restricted access to portions of the Premises. The Guest expressly agrees that the Resort shall be held harmless and shall not be liable for any failure to perform its contractual obligations, nor for any delays, cancellations, or service interruptions, where such failure, delay, or interruption is caused by or results from events of Force Majeure or "Acts of God," which shall be defined in their broadest possible legal sense. For the purposes of this Agreement, Force Majeure events include, but are unequivocally not limited to, extreme meteorological conditions such as blizzards, gale-force winds, lightning strikes, or excessive precipitation; geological events including landslides, rockfalls, or seismic activity; hydrological events such as flash flooding or the icing over of essential waterways; and environmental emergencies such as wildfires, smoke-induced air quality hazards, or forest closures mandated by federal, state, or local government agencies. This definition further extends to other catastrophic events beyond the reasonable control of the Resort, including but not limited to pandemics, civil unrest, utility grid failures, or equipment shortages. The Guest acknowledges that the Resort may, in its sole and absolute discretion, determine that conditions are unsafe for the commencement or continuation of any Activity, and the Resort’s determination in this regard shall be final and binding upon the Guest. The Guest expressly agrees that in the event of a Force Majeure occurrence, no refunds, partial credits, or rainchecks shall be issued for lodging fees, as the provision of shelter remains a distinct contractual obligation that continues notwithstanding the suspension of outdoor recreational activities. Furthermore, the Guest waives any and all claims for consequential or incidental damages, including but not limited to additional travel expenses, lost wages, or emotional distress, resulting from a Force Majeure event or the Resort’s reasonable response thereto. Any failure by the Guest to adhere to a safety-based suspension of activities or a mandatory evacuation order issued by the Resort during a Force Majeure event shall constitute a material breach of this Agreement and grounds for immediate eviction and forfeiture of all funds as outlined in the preceding sections of this contract. 11. GENERAL PROVISIONS, GOVERNING LAW, AND SIGNATURE ACKNOWLEDGMENT This Agreement, in conjunction with the associated digital reservation record and the Resort’s published Policies and Procedures, constitutes the entire, integrated agreement between the Guest and the Resort, superseding and replacing all prior or contemporaneous negotiations, representations, warranties, or agreements, whether oral or written, regarding the subject matter contained herein. The Guest acknowledges that they have not relied upon any verbal promises, descriptions, or marketing materials provided by Resort staff or third-party agents that are not explicitly codified within the four corners of this written contract. If any provision, clause, or sub-clause of this Agreement is held by a court of competent jurisdiction or an appointed arbitrator to be invalid, illegal, or unenforceable in any respect, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision, and this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein, with the remainder of the contract remaining in full force and effect. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State in which the Resort is physically situated, without regard to its conflict of law principles. The Guest agrees that any legal action or proceeding not subject to the mandatory arbitration clause in Section 7 shall be brought exclusively in the state or federal courts located within the county of the Resort’s operation, and the Guest waives any objection to such venue or jurisdiction. All covenants regarding indemnity, release of liability, non-disparagement, confidentiality, and media releases shall survive the termination of this Agreement and the Guest’s physical departure from the Premises. By completing the booking process, submitting payment, or entering the Resort boundaries, the Guest represents and warrants that they have the legal capacity to enter into this contract, that they have read this document in its entirety, that they understand they are waiving substantial legal rights, and that they voluntarily agree to be bound by all terms and conditions for themselves and as a legally authorized representative for all members of their traveling party and any minors in their care.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent (or that my legal guardian is executing this Agreement on my behalf); and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
IN WITNESS WHEREOF, I have signed this Waiver of Liability and Hold Harmless Agreement on this ______ day of ______________________.
Signature lines, etc.
|