Lago Linda Hideaway 950 Blacks ridge Road Beattyville KY 41311
Contract For motorcycles,ATV, mountain bikes golf cart,bikes , bicycle at Lago Linda Property for Liability and Waiver
Circle ALL that Apply: Dirt Bike / Small ATV or OHV (Less than 249 cc) / Large ATV or OHV (250 cc or Larger) / Golf Cart / Other: ____________
If RIDER is UNDER 18 Responsible Adult Signature Required: ____________________
EMERGENCY CONTACT: Name: _________________________________________________ Relationship: ___________________________
RELEASE OF LIABILITY & WAIVER
In consideration of being permitted to use the property, or facilities owned by, or operated by Lago Linda Hideaway Corp. d/b/a 950 Blacks Ridge Road Beattyville KY, their office, agents, employees, owners, members, promoters, sponsors, advertisers, and/or lessors, hereinafter individually and collectively referred to as Release, for the purpose of the following activities: fishing, camping, dirt bikes, motorcycles, ATVs, OHVs, golf carts, or any other motorize vehicle, engaged in trail riding, racing, or any similar activities, whether such activities from Releaser owned by participant. Said participant, his/her personally representative’s, assigned, heirs, and next of kin hereafter referred to individually & collectively as Releaser, hereby release, waiver, discharge, & covenants to hold harmless the Releaser, for any & all loss or damage because of injury to the person or property of, the result in death of the releaser(s), unless caused by the willful and want to negligent act of the Releaser to Releaser while on the property owned by the releaser. • Releasers further release all officials & professional personnel from any claim on the account of rendering of first aid, medical treatment, or services. Releaser(s) further expressly agree that this Release of Liability& Waiver is intended to be as abroad & inclusive as permitted by law of the state of Kentucky and Florida and that any portion of this Contract of Use, Release of Liability * Waiver as his/her own free & willful act. This Contract of Use, of Liability & Waiver constitutes the entire agreement between Releasee & Releaser and the term of such contractual & not a mere recital. Releaser hereby understands that the Releaser is not covered by any insurance policy held by the Releasee for damages to property, injury, or death. The Releaser(s) hereby certify that they are legal custodian and guardian of any minor child(ren). Releaser(s) further agree that they shall be liable for any damages to the Releasee’s property or injury to staff caused by Releaser(s) negligence or willful, want to, and intentional act(s). WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND COVENANT NOT TO SUE NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. By signing this Agreement upon check-in, or by clicking to reserve online, the rental or other use of any of the facilities, camp or RV sites, cabins, showers, bunkhouse, or any other improvements (whether with permission or without permission) (“Facilities”) located on the real property, or use of any portion of the real property, including the lake(s) or any pond(s) thereon, located in Lee County, Kentucky (“Real Property”) owned by L&L Hideaway LLC, or L&L HCA LLC, d/b/a Lago Linda Hideaway (“L&L”), you (on behalf of yourself and any minor children) (hereafter referred to as “I” “me” or “you”) relinquish the right to bring any claims or actions to recover any damages, losses or compensation against the L&L as a result of any injury to you or your minor child(ren) or to your personal property, arising out of the use of any of the Facilities or Real Property. IN CONSIDERATION OF L&L AFFORDING THE OPPORTUNITY TO RENT OR USE THE FACILITIES AND/OR REAL PROPERTY, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, I, ON BEHALF OF MYSELF AND MY MINOR CHILD(REN), ACKNOWLEDGE AND AGREE AS FOLLOWS: ACKNOWLEDGEMENT OF RISKS: By its nature, the Real Property (on which the Facilities are located) is in an area that is rural, natural and undeveloped, and contains many natural hazards and dangerous conditions, including rugged terrain, lakes, ponds, streams, reservoirs, ditches, wilderness, cliffs, ice, steep and unfinished and unpaved roads and trails, wildlife, livestock, open trenches and the like, as well as other man-made hazards, including lakes, ponds, irrigation ditches, wells, culverts, reservoirs, fencing and the like. I fully understand that the Real Property has and poses inherent risks, dangers and hazards. These risks include, but are not limited to, forest fires and fallen trees; broken glass, discarded needles, and other hazardous trash and waste; poison ivy and other plants that may cause rashes and allergic reactions; bug bites and stings; exposure to storms, heat, wind, water, lightning strikes, and cold; attacks from bears, mountain lions, rattlesnakes and other types of snakes, coyotes, and other wild animals; getting lost; trespassing; and individual slips/trips and falls. I understand that camping, swimming, hiking, rock climbing or any outdoor activity in or on the Real Property may result in injury or illness including, but not limited to, serious bodily injury, disease, strains, fractures, partial and/or total paralysis, or other ailments that could cause serious disability to me and/or my minor child(ren), or death. I understand that these risks and dangers may be caused by the negligence of L&L and its staff, the negligence of other people using or trespassing on the Real Property, the negligence of third parties, accidents, breaches of contract, the forces of nature or other causes, and I acknowledge that risks and dangers may arise from foreseeable and unforeseeable causes including risks, hazards and dangers that are integral to any camping, swimming, hiking, rocking climbing, or outdoor activity. I hereby assert that my participation is voluntary and that I knowingly assume all risks and dangers and all responsibility for any losses and/or damages to me and/or my minor child(ren) that may result from any activity on the Real Property or in the Facilities. I agree to be solely responsible for my own and/or my minor child(ren)'s safety and to take every precaution to provide for my own and my minor child(ren)'s safety and well-being while participating in any activity in or on the Real Property or in the Facilities. Also, I understand that because of the remote and rural location of the Real Property (and therefore, the Facilities), there may not be rescue or medical facilities or expertise which may be necessary to deal with potential injuries to which I and/or my minor child(ren) may be exposed. I understand that these risks exist and notwithstanding them, I wish to participate or have my minor child(ren) participate in camping, swimming, hiking, rocking climbing, and/or other outdoor activity in or on the Real Property or in the use of the Facilities. I FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE that, included within the scope of this Agreement are any claims or causes of action (a) arising out of the performance, or failure to perform, maintain, and/or inspect, the Facilities or Real Property, (b) relating to the failure to warn of dangerous conditions existing in the Facilities or Real Property, and/or (c) arising out of negligent supervision or instruction of or by L&L, its members, directors, officers, employees, volunteers, contractors, agents and representatives. PARENTAL OR GUARDIAN CONSENT (applicable if person camping, swimming, hiking, rocking climbing, or participating in any outdoor activity is under the age of 18). I hereby consent to my minor child(ren) camping, swimming, hiking, rocking climbing, or participating in any outdoor activity in or on the Facilities or Real Property, as set forth herein. WAIVER, RELEASE, ASSUMPTION OF RISK, INDEMNIFICATION AND COVENANT NOT TO SUE: In addition to the acknowledgments, waivers and releases discussed above, I, on behalf of myself, my minor child(ren) (if applicable), and my personal representatives, hereby covenant not to sue and voluntarily agree to waive, release, indemnify and hold harmless L&L and its members, directors, officers, employees, volunteers, contractors, agents and representatives, from any and all liability and claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or any other claims which may arise out of me or my minor child(ren)'s camping, swimming, hiking, rock climbing, or other outdoor activity in or on the Real Property or Facilities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I or my minor child(ren) may have presently or in the future for any negligent acts or omissions by L&L, its members, directors, officers, employees, volunteers, contractors, agents and representatives, in connection with my camping or participating in any outdoor activities. I agree on behalf of myself and my minor child(ren) (if applicable) that if I or anyone on behalf of me or my minor child(ren) brings any claims or action which would be barred by this WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND COVENANT NOT TO SUE, L&L will be entitled to recover from me the attorneys’ fees and costs incurred in defending against that action, including the attorneys’ fees incurred in presenting the defense of release. RESPONSIBILITY FOR EMERGENCY CARE: I further consent to emergency transportation and treatment necessary in the event of injury or illness to myself or my minor child. I either (1) have adequate health, disability and life insurance, or (2) hereby accept responsibility for the payment of any associated emergency transportation and treatment expenses and any subsequent medical bills, and I acknowledge that L&L has not purchased any health or accident insurance to cover such expenses, and I release L&L and all other persons and entities from providing this coverage to me or any minor child(ren). I agree to indemnify and hold harmless the L&L from any costs incurred for any such emergency care. I further agree that the cost of any search and rescue or evacuation undertaken on my behalf or on behalf of any of my minor children, will be my responsibility. I agree at time of reservation and/or registration to pay any and all such costs assessable to me or my minor child(ren). I agree to indemnify and hold harmless L&L for any costs they may be charged for any emergency or search/rescue/evacuation done on behalf or me or my minor child(ren). SEVERABILITY: I agree that in the event any provision of this WAIVER, RELEASE OFLIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND COVENANT NOT TO SUE is held or adjudicated to be contrary to any statute or law, or otherwise unenforceable, the remaining provisions of this document shall be enforceable to the fullest extent permitted by law. GOVERNING LAW: This agreement shall be interpreted according to Kentucky law. It is to be construed as broadly and inclusively as is permitted by relevant Kentucky law, and venue for any judicial proceedings shall be in Lee County, Kentucky. I have read the above and by clicking on this website or signing upon check-in, agree that it is my express intent to exempt and relieve L&L, its members, directors, officers, employees, volunteers, contractors, agents and representatives, from liability for personal injury, property damage or wrongful death caused by negligence or any other cause, except for willful, wanton, reckless or grossly negligent conduct. I specifically understand that I am releasing, discharging and waiving any claims or actions that I and/or my minor child(ren) may have presently or in the future for negligent acts or other conduct by L&L and/or its members, directors, officers, employees, volunteers, contractors, agents and representatives in connection with my or my minor child(ren)'s use of the Facilities or Real Property. I FURTHER AGREE TO ABIDE BY THE RULES AND REGULATIONS OF L&L AS POSTED ON ITS WEBSITE, INCLUDING THOSE THAT PROHIBIT USE OF ILLEGAL DRUGS OR USE OF EXCESSIVE ALCOHOL. I also represent that (1) I have fully read this document; (2) I would not have clicked to reserve, or signed this document, unless I fully understood its intent to bar any future claims against L&L, its members, directors, officers, employees, volunteers, contractors, agents and representatives, and to protect them from any future loss or liability arising out of or resulting from my or my minor child(ren)'s use of the Facilities or Real Property; (3) I have had the opportunity to have an attorney review this document and explain it to me if I so desired; and (4) that this document has been signed by the parent or legal guardian of the named participant, if applicable. Printed Name(s) of Participant(s)/Camper(s): 1.____________________________________ Age (if under 18)_____________________ 2.____________________________________ Age (if under 18)_____________________ 3.____________________________________ Age AGREEMENT TO WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK,SIGNATURE DATE (If Participant/Camper is 18 years old or older) IF UNDER 18 YEARS OF AGE, PARENT OR GUARDIAN MUST READ AND SIGN BELOW: I am the legal guardian of the above minor(s) and have read the above agreement. I hereby consent to the terms of the agreement on behalf of the named minor(s) and give my consent to the participation of the above-named minor(s) in all activities in the Facilities or on the Real Property on the terms stated. _____________________________________ ______________________ SIGNATURE DATE (If Participant/Camper is 18 years old or older) Please list names and telephone numbers for individuals to contact in case of emergency: 1. ____________________________________ Phone_____________________________ 2. ____________________________________ Phone_____________________________ 3. ____________________________________ Phone_____________________________ 4. ____________________________________ Phone_____________________________ INDEMNIFICATION AND COVENANT NOT TO SUE: _____________________________________ ______________________
Rider’s Name Printed: ____________________________________________________________________________________ Rider’s Signature: __________________________________________________________ Date_________________________
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