RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
WHEREAS, approved sale the Undersigned desires to use the premises hereinafter described for the purpose of recreation, hiking, walking, picnicking, group gatherings, and general enjoyment; and WHEREAS, the Undersigned recognizes and is aware that all uses of or activities upon the premises have the potential to cause serious personal injury or death or property damage. NOW, THERE FORE, in consideration of being permitted by the Releasees hereinafter defined to use and enjoy the premises hereinafter described, the Undersigned agrees:
1. For the purposes of this document, the “premises” are defined as follows: All that land and real property, comprising approximately 54 acres in its natural state and all improvements located hereon, located at 212 Fiddlehead Lane, Zirconia, North Carolina, which are used or managed by the Releasees (a.k.a. The Tigg’s Pond Retreat Center), their guests or invitees, their employees, agents or those in privity with the Releasees, as a place of recreation and other activities such as but not limited to hiking, walking, picnicking and group gatherings and conditions incident thereto, which may involve both the opportunity for enjoyable recreation and the risk of bodily harm or death.
2. In consideration of being allowed to use the premises, at such time or times as the Undersigned may be invited or permitted to do so (now or in the future), the sufficiency of which consideration is hereby acknowledged by the Undersigned:
(a) The Undersigned hereby releases, waives, acquits, and discharges Rev. Rosemary H. (Posy) Jackson, her employees, agents, heirs, successors and assigns (herein referred to as the “Releasees”), from, and covenants not to sue the Releasees for, all actions, causes of actions, claims, demands, damages, costs, loss of wages, expenses and liability to the Undersigned, his or her personal representatives, assignees, heirs and next of kin for all loss or damage, and any claims, causes of action, or demands therefor, on account of injury to the person or property or resulting in the death of the Undersigned, or any minor child of the Undersigned, whether caused by the negligence of the Releasees or otherwise, while the Undersigned or any minor child of the Undersigned is in or upon or using the premises for any purpose, now or in the future.
(b) Also, the Undersigned hereby agrees to indemnify and save and hold harmless the Releasees from any loss, liability, damage, or cost arising out of or related to the presence, acts, or omissions of the Undersigned or any minor child of the Undersigned in or upon or involving the premises and whether caused by the negligence of the Releasees or otherwise, now or in the future.
3. The Undersigned expressly agrees that the fore going Release, Waiver and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of North Carolina and that if any portion or portions thereof shall be held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.
4. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
I, THE UNDERSIGNED, HAVE READ THIS AGREEMENT AND AGREE TO THE TERMS THEREOF:
RELEASOR or parent or guardian: _________________________________________________ Date_________________
Please print name here: ________________________________________ e mail_________________________________
All persons desiring to use any part of the premises of The Tigg’s Pond Retreat Center, for any reason what so ever, must sign and date a Release and Waiver Agreement and present it to the Releasees prior to their arrival on site.