Waiver, Assumption of Risk, Release and Indemnity Agreement



PLEASE READ CAREFULLY. BY COMPLETING YOUR RESERVATION YOU GIVE UP THE RIGHT TO SUE FOR ANY INJURY OR DAMAGES HOWEVER CAUSED.


I, or my parent or legal guardian if I am under the age of 19, (the “User”), hereby agree to this Waiver, Assumption of Risk, Release and Indemnity Agreement (the “Agreement”) on behalf of myself, my personal representatives, heirs and assigns.

I agree, as a condition to my use of Live Oak Landing in Baldwin County, Alabama (the “Facility”), to be strictly bound by the terms of this Agreement.

I acknowledge that the use of the Facility involves inherent risks that may cause serious injury and possible death. I fully understand the risk and dangers associated with my use of the Facility and I accept those dangers entirely at my own risk.

I hereby WAIVE ANY AND ALL CLAIMS which I may have against Baldwin County, Alabama, its Commissioners, officers, department heads, employees, agents, and representatives (together, the “County”) and RELEASE the County from ANY AND ALL LIABILITY for personal injury, including death, property damage and any other loss sustained to me or my property as a result of my use of the Facility due to any cause whatsoever including, without limitation, negligence on the part of the County.

I further agree, as part of the consideration for use of the Facility, to hold harmless and indemnify the County, and its Commissioners, officers, department heads, employees, agents, and representatives from and against any and all claims, demands, liabilities, damages, losses, judgments, costs and expenses, including, without limitation, attorney’s fees and costs, for any personal injury, including death, or property damage of any kind, nature or description whatsoever, in any way related to the use of the Facility, or any act or omission of the County.

Each term and provision of this instrument shall be valid and enforced separately to the fullest extent permitted by law. This instrument shall be governed and construed in accordance with the laws of the State of Alabama, with proper venue for any action lying in Baldwin County.

I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT THIS DOCUMENT CONTAINS A PROMISE NOT TO SUE THE COUNTY AND A RELEASE AND INDEMNITY FOR ALL CLAIMS.