Participant Assumption of Risk, Release, and Agreement
In consideration of the service The 1886 Crescent Hotel & Spa their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as CH), I hereby agree to release, indemnify, and discharge CH, on behalf on myself, my children, my parents, my heirs, assigns, personal representative and estate as follows.
- I acknowledge that my participation in resort activities offered by CH entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, or death to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
- All programs are based on the “challenge by choice” principle. At any time, you and/or your group are free to withdraw from participation in these outdoor activities. The risk include, among other things, the potential for: slips, falls, and falling: rope burns, pinches, scrapes, twists, and jolts, that could result in scratches, bruises, sprains, lacerations, fractures, concussions, drowning, hypothermia, or even more life-threatening hazards.
- I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CH and affiliated companies from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of CH’s equipment or facilities, including any such claims that allege negligent acts or omissions of CH.
- Should CH or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit, CH, I agree to do so solely in the state of Arkansas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of the state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By proceeding with this reservation and checking the box on the previous page, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my rights to maintain a lawsuit against CH on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it and agree to be bound by its terms.