USE AGREEMENT AND EXPRESS ASSUMPTION OF RISK SAFETY DISCLAIMER FOR PARTICIPATION IN ALL ACTIVITIES, WAIVER OF LIABILITY & CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Please read carefully. If you have any questions, we will be happy to discuss them with you

 

All guests/visitors assume all risks and danger incidental to the activity of camping in a bush outdoor environment including specifically (but not limited to ), the danger of being injured or killed by insects or other animals, of being injured or killed while participating in recreational activities, such as swimming or outdoor sports at the campground and/or being injured as a result of inclement weather conditions, and agrees that the campground and its owners, agents and employees are not liable for injuries or property damage resulting from such risks and  danger.

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Express Assumption of Risk Associated with Recreational Activities

I hereby affirm and acknowledge that I fully understand the hazards and risks associated with the many outdoor and other recreational activities in which I am about to engage at Charleys Creek Campgrounds. The inherent risks and hazards include but are not limited to:

1. Injuries sustained from any and all outdoor activities, such as kayaking, running, jumping, hiking, biking, climbing, camping, cooking, engaging in sporting events such as basketball, volleyball and more.

2. Injuries sustained from objects that are either natural or man-made, such as rocks, cliffs, trees and campfires, or from misjudging trails or other terrain

3. that induces slipping, falling, colliding or otherwise.

4. Injuries and illnesses sustained from swimming, diving, impacting the water, and/or water entering bodily orifices.

5. Injuries from hypothermia, heat stroke, dehydration, etc. from exposure to the elements, such as rain, cold, excessive heat or the weather in general.

6. Physical and monetary injuries sustained due to my own personal negligence and/or the negligence of others, crowds, altercations with other patrons, the excessive use of alcohol, the prohibited use of illegal drugs, and the like.

7. Injuries or illnesses sustained from either plants or animals, such as prickles, trees/shrubs/grasses, biting insects - mosquitoes, ticks, ants or flies, aggressive or biting pets, service animals, wildlife - snakes, kangaroos and possums or exposure to any plants or animals present within the campground in general.

8. Accidents, injuries or illnesses occurring in remote locations where no immediate medical attention is available.

I understand that the description of these risks is in no way complete and that all such dangers, both anticipated and unanticipated, can lead to illness, injury, permanent disability, drowning and death.

 

Release of Liability, Waiver of Claims and Indemnity Agreement:

In making it possible to participate in many of the above-described activities and more, I both agree and acknowledge that:

1. I hereby release and hold harmless with respect to any and all illness, injury, disability, death, or loss or damage to person or property—whether caused by negligence or otherwise—the following named persons or entities, herein referred to as Releasees: TTF JFW Enterprises Trust - and any of its directors or beneficiaries.

2. I hereby release the Releasees, their officers, directors, managers, employees, representatives, agents, volunteers, and other vessels from any and all liability and responsibility and for any claims that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the Releasees or otherwise. By executing this document, I agree to hold the Releasees harmless and indemnify them in conjunction with regard to any illness, injury, disability, death, or loss or damage to my own personal property that can ensue from engagement in the full body of activities as stated above and otherwise.

3. By entering into this agreement, I am not relying on any oral or written representation or statements made by the Releasees other than that set forth in this agreement.

 

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall still be enforceable.

COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, social distancing is recommended. Charleys Creek Campgrounds (Clover Hill Ranch) has put in place preventative measures to reduce the spread of COVID-19; however Charleys Creek Campgrounds cannot guarantee you, your family or visitors will not become infected with COVID-19. By signing this agreement I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my party and I may be exposed to or infected by COVID-19 while at Charleys Creek Campgrounds and that such exposure or infection may result in personal injury, illness, permanent disability and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Charleys Creek Campgrounds may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Charleys Creek Campgrounds employees, volunteers and other campers. I voluntarily agree to assume all the foregoing risks and accept sole responsibility for any injury, illness or death to myself or anyone in my party. On behalf of myself and my party, I hereby release, covenant not to sue, discharge, and hold harmless Charleys Creek Campgrounds, its employees, owners, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages costs or expenses of any kind arising out of or relating thereto.