ASSUMPTION OF RISK AND WAIVER OF LIABILITY

PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS!

ABCR SW, LLC dba Adventure Bound Camping Resorts, their directors, officers, employees, volunteers, and agents (collectively referred to hereinafter as “the Resort”) is committed to providing a safe and enjoyable experience. However, participation in Resort activities involves inherent risks that cannot be eliminated.

Use of the Resort which includes various recreational activities/amusements offered by the Resort. These may include but not be limited to: swimming and water activity facilities such as pools, hot tubs, water parks, slides, pond inflatables, sprinklers and lakes; inflatable amusements such as jump pads, jumping pillows, bounce houses, slides, and obstacle courses; hiking and bicycle paths/trails; Halloween hayrides and trails; golf cart rentals; foam machines activities; playgrounds; Adventure Bound Express train, wagon rides, fishing facilities; exercise equipment; basketball courts; horseshoe pits; laser tag; dog runs; skating areas; boating; miniature golf; shuffle board and bocce courts; fire rings, grills, and fire pits; and naturally surfaced playing fields (collectively referred to hereinafter as “Activities”).

The Guest understands that participation in the Activities offered by/at the Resort requires assumption of certain risks that no amount of care, caution, instruction or expertise can eliminate. These risks include but are not limited to: slipping on wet surfaces; exposure to chlorine and other water cleansing agents; coming into contact with other Guest(s); getting entangled in nets, ropes and hardware on certain amusements; use of defective equipment; striking pool/water amusement bottoms and walls; coming into contact with friction surfaces; walking/running/bicycling on wet, low friction, soft/flexible, and uneven surfaces; walking without footwear in participating in certain Activities; walking/running/bicycling on uneven and unpaved natural surfaces; coming into contact with fishing hooks and other fishing equipment; being struck by batted, thrown or projected balls, horseshoes and other sporting equipment; all of which can result in bodily injury, personal injury, illness, death or property damage. The Participant(s) further understands that he/she assumes such risks while participating in the above-mentioned Activities. The Guest also understands that due to the Resort’s natural setting, there is a risk of coming into contact with natural elements including but not limited to wild animals; insects; and poisonous plants, all of which can cause bodily injury, personal injury, illness, death or property damage, and the Guest further understands that he/she assumes such risks while on property at the Resort (collectively referred to hereinafter as “RISKS”).

ASSUMPTION OF RISK AND WAIVER OF LIABILITY.

By signing the Terms and Conditions, I (“Guest”) acknowledge the RISKS may result in personal injury, illness, permanent disability, and death. I understand that the Risks may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Resort, and Resort participants and their families.

I voluntarily agree to assume all of the foregoing Risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the Resort or participation in Resort programs (“Claims”).

On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Resort of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Resort.

PLEASE READ THE FOLLOWING SAFETY RULES:
·         NEVER SWIM ALONE. A minimum of two adults 18 years of age or older must be present whenever this swimming facility is in use, with at least one adult on the pool deck.

·         THERE IS NO SUBSTITUTE FOR ADEQUATE SUPERVISION. Children under 16 years of age must be accompanied to the bathing facility by a parent or guardian, or similar adult responsible for their safety and behavior.

·         IN AN EMERGENCY, NOTIFY THE FACILITY OPERATOR AND CONTACT HELP IMMEDIATELY. Manager’s phone number is posted on office door. Telephone numbers for the nearest emergency medical service are posted.

·         Only use this facility during the posted hours of operation.

·         Don’t drink alcohol and swim.

Family Friendly Rates include 2 adults and immediate children 17 years & under living in the same household. All stays must be paid in full at the time of reservation. Limit 4 adults per site.

There is a three night minimum stay on the holiday weekends of Memorial Day, 4th of July, Labor Day, & Columbus Day.
There is a two night minimum on all cabins and RV rentals.
There is a Non-Refundable $50.00 Pet Fee for Pet Friendly Units.

CANCELLATION AND REFUND POLICY.

We do not give credit or refunds due to weather. The fun continues rain or shine. Our cancellation policy varies depending timing of your cancellation notice in advance of the reservation date.

Cash refund less $25 cancellation fee or full refund issued in resort credit, if cancelled 30 or more days prior to arrival.
Cancel by 6 p.m. 14 days prior to arrival and receive resort credit equal to the value of your reservation.
Full reservation forfeited if cancelled less than 14 days prior to arrival.
Seasonal Campers subject to the term of the Seasonal License Agreement.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

PLEASE READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

By signing below, the Guest agrees that any dispute, claim, or controversy arising out of or relating in any way to the Guest's use of the Resort, participation in Resort activities, or interpretation or enforcement of these Terms and Conditions—including but not limited to claims arising from personal injury, illness, property damage, or alleged acts or omissions of the Resort—shall be resolved exclusively by final and binding arbitration administered by a neutral arbitrator and not by a court of law or jury trial.

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA), or another mutually agreed-upon arbitration service. The arbitration shall take place in the state where the Resort is located, unless otherwise agreed by the parties. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Class Action Waiver: To the fullest extent permitted by applicable law, the Guest and the Resort agree that any arbitration shall be conducted only on an individual basis, and not in a class, collective, or representative action. The Guest hereby waives any right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or private attorney-general action against the Resort.

This arbitration clause shall survive termination of the Guest's stay and remain enforceable even if any other portion of these Terms and Conditions is held to be invalid or unenforceable.

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