Assumption of Risk and release of liability

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Assumption of Risk and Release of Liability

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Greerbillies Campground, or the employees, representatives or agents of Greerbillies Campground.

2. ASSUMPTION OF THE RISKS AND RELEASE. I / We recognize that there are certain inherent risks associated with the above described activity and I / We assume full responsibility for personal injury to myself / ourselves and (if applicable) minor children members of my / our family, and further release and discharge Greerbillies Campground for injury, loss or damage arising out of my / our or my / our minor children’s use of or presence upon the facilities of Greerbillies Campground, whether caused by the fault of myself / ourselves, my minor children, Greerbillies Campground or other third parties.

3. INDEMNIFICATION. I agree to indemnify and defend Greerbillies Campground against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my / our or my / our minor children’s, or any guests of mine / ours, use of or presence upon the facilities of Greerbillies Campground.

4. FEES. I agree to pay for all damages to the facilities of Greerbillies Campground caused by any negligent, reckless, or willful actions by me / us or my / our minor children, or any guests of mine / ours.

5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Alabama law.

6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to accept this agreement and that I have been given a reasonable opportunity to review it before accepting. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree to acknowledge that Greerbillies Campground has offered to refund any fees I have paid to use its facilities if I choose not to accept this agreement.

7. ARM’S LENGTH AGREEMENT. This agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity of enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this agreement.

9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.  

By using this website, you agree to our Terms & Conditions as well as our Assumption of Risk and Release of Liability.