WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in Recreational Camping and associated activities (hereinafter the “Activity”); and
IN CONSIDERATION OF my desire to participate in this Activity and being given the right to participate in it;
I HEREBY, for myself, my heirs, executors, assigns, or personal representatives (hereinafter collectively “Releasor,” “I” or “me,” which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge Camp Laughing Grass, located at 1350 Edes Falls Road, Harrison, Maine, 04040, their affiliated, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively the “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the Activity.
I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY WHICH MAY INCLUDE BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees, and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize my emergency contact to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AED’s, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious bodily injury, and property loss. I agree not to participate in the activity unless I am medically able and cleared, and I agree to abide by the decision of my doctor, medical healthcare professional, or agent, regarding my approval to participate in this Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY IN FAVOR OF CAMP LAUGHING GRASS. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE CAMP LAUGHING GRASS AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I MAY OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST CAMP LAUGHING GRASS FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that Maine statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Camp Laughing Grass, its agents, and employees.
I agree that this Release shall be governed for all purposes by the laws of the State of Maine without regard to any conflict of law principles. This Release constitutes the entire agreement between the parties hereto and supersedes all prior communications, proposals, representations, and agreements, whether oral or written with respect to the subject matter of this Agreement.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions or neglect or recklessness, including any attorney’s fees and any related costs.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR A PERIOD OF ONE YEAR FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.