You and your guests will take all necessary precautions regarding the campsite(s), glampsite(s) or any other equipment rented, and protect all persons and property from injury or damage. You and your guests agree to indemnify, defend and hold harmless the operator Love Watch Hill & Sailors Haven, Inc. , their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereafter collectively referred to as “LOVEFINS”) , including, but not limited to, attorney’s fees and costs, from and against any and all liability claims and judgments of every kind and nature including, but not limited to, injuries or death to persons and damage to property, arising out of the use, maintenance, operation, possession, or rental of the items, tents, campsite(s) or glampsite(s) sites rented. “
” VISITOR’S ACKNOWLEDGEMENT OF RISKS
In consideration of the services of Love Watch Hill & Sailors Haven Inc. their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereafter collectively referred to as “LOVEFINS”) I agree as follows:
Although LOVEFINS has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, LOVEFINS has informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. LOVEFINS does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks.
Tripping, swimming, falling into the water, drowing, overturning of personal watercraft, slipping on wet surfaces, tripping on electric cords and hoses, electric shock from power pedestals and cords, severe winds, wind blown objects, falling objects, wave action in the bay and marina, tidal currents, ocean wave action and rip currents, boating, power boat propellers, diving in shallow water, glass, nails or other hazardous objects buried in sand, nails, screws and splinters in boardwalks, stubbing toes, climbing and descending stairs, objects protruding from marina bulkheads or other structures throughout the boardwalk and campgrounds, leaky tents, collisions from other vessels, burns from cooking grills and BBQs, adverse reactions from tick and insect bites, insect and tick borne illness such as Lyme disease, flooding, exposure to the weather resulting in sunburn, sun poisoning, dehydration and hypothermia, incidents with animals, birds and fish that are resources of the park, collision with work utility vehicles and visitor cyclists, incidents with pets belonging to other visitors, etc.
I am aware that LOVEFINS entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary; no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.
I acknowledge that engaging in this activity may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I acknowledge that the staff of LOVEFINS has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity. I have carefully read, clearly understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representative, and estate and for all members of my family, including minor children.”