RELEASE, WAIVER, INDEMNIFICATION, AND AGREEMENT NOT TO SUE
IN CONSIDERATION OF BEING ALLOWED TO USE BOULDER LAKE CLUB FACILITIES AND EQUIPMENT, AND INTENDING TO BE LEGALLY BOUND, I HEREBY AGREE TO RELEASE AND WAIVE ANY RIGHT TO SUE BOULDER LAKE CLUB, LAKE MOUNTAIN, LLC, BLUE RIDGE REAL ESTATE COMPANY, THEIR SUBSIDIARIES, OWNERS, OPERATORS, OFFICERS, DIRECTORS, AGENTS, SERVANTS, AND/OR EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO AS "BLC") FROM ANY AND ALL LIABILITY IF I OR ANY MINOR NAMED BELOW IS INJURED WHILE USING ANY OF BLC'S FACILITIES OR EQUIPMENT, OR WHILE PRESENT ON BLC'S PROPERTY, EVEN IF SUCH INJURIES ARE THE RESULT OF NEGLIGENCE OR ANY OTHER IMPROPER CONDUCT ON THE PART OF BLC. I FURTHER AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS BLC FROM ANY LOSS, LIABILITY, DAMAGE, OR COST OF ANY KIND THAT MAY OCCUR AS THE RESULT OF ANY SUCH INJURY TO MYSELF OR TO ANY MINOR NAMED BELOW. I DECLARE THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE, AM NOT SIGNING THIS AGREEMENT UNDER ANY FORCE, DURESS, OR COERCION, AM DOING SO OF MY OWN FREE WILL, AND HAVE THE OPTION AND OPPORTUNITY OF REASONABLY USING ALTERNATIVE SIMILAR FACILITIES AND EQUIPMENT ELSEWHERE.
Notwithstanding the foregoing, if I do sue for any dispute or cause of action against BLC, whether it be on my own behalf, or on behalf of any person named herein, I shall only do so in the Court of Common Pleas of Carbon County or in the United States District Court for the Middle District of Pennsylvania, and further agree that if BLC prevails in any such litigation that I shall be responsible for all associated costs and attorney fees. I understand and agree that this Agreement shall be governed by the laws of Pennsylvania. I further agree that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
- Please select all below to acknowledge risks, rules and warnings
- INTENDING TO BE LEGALLY BOUND, I DO HEREBY DECLARE THAT I HAVE READ THE ABOVE WAIVER AND RELEASE, ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS, AND PROMOTIONAL RELEASE, AND DO UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT VOLUNTARILY. I UNDERSTAND AND AGREE THAT I AM SIGNING ON BEHALF OF MYSELF AND THOSE MINOR PERSONS LISTED BELOW, IF ANY, HAVE TAKEN RESPONSIBILITY FOR THEM, AND HAVE AGREED TO THE TERMS CONTAINED HEREIN TO INDEMNIFY BLC AGAINST ALL CLAIMS BY THEM.
if different from above