A hard copy of this Release will be available for you to sign at Camp. But we ask that you please take the time to review it in advance:
Re: W5453 Lake View, N7031 Sycamore Lane, and N6995 Sycamore Lane, Elkhorn WI, 53121, also known as The Wandawega Lake Resort and Camp Wandawega (the “Camp”)
Background: The owner of the Camp (the “Owner”) has, at the request of the undersigned (“Guest”), agreed to permit Guest and, if applicable, Guest’s minor children (the “Participating Children”) to use the Camp and various recreational equipment and facilities at the Camp (collectively, the “Facilities”), provided that Guest agrees to a fair and reasonable allocation of the associated risks. The terms of this Release are Owner’s proposed allocation of risk. Guest understands that if Guest wishes to use the Camp and Facilities but has objections or complaints about this Release, Guest or his/her attorney may contact the Owners’ attorney, Richard H. Casper, at 414/297-5612 to negotiate a mutually satisfactory allocation of the risks involved in such use and the costs associated with owning and maintaining the Camp and Facilities and associated liability insurance, and further understand that the Owner will negotiate such changes with Guest in good faith.
Agreement: Against that background, and in order to induce Owner to permit Guest and any Participating Children to use the Camp and Facilities, Guest hereby agrees as follows:
- Guest acknowledges that Owner has warned Guest that the Property is predominantly in a natural state, that it has not been specifically landscaped, groomed, planned, designed or maintained for the purposes for which Guest intends to use it, that Guest’s use of the Property will expose Guest, Participating Children, Guest’s employees, agents and invitees to risks of physical injury or death, that Owner has not developed or constructed systems for providing more specific warnings, or safeguards, against such risks, and that Owner will not be supervising Guest’s use of the Property.
- FOR GUEST AND THE PARTICIPATING CHILDREN, AND FOR THE SUCCESSORS, HEIRS, EXECUTORS AND ADMINISTRATORS OF ANY OF THE FOREGOING (collectively, the “RELEASING PERSONS”), GUEST HEREBY WAIVES, RELEASES, DISCHARGES, AND AGREES TO INDEMNIFY AND HOLD HARMLESS OWNER FROM AND AGAINST ANY CLAIMS AGAINST OWNER BY THE RELEASING PERSONS OR ANY OF THEIR EMPLOYEES, AGENTS AND INVITEES, AND ALL LIABILITIES THEREON, FOR LOSSES OR DAMAGES, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF OWNER, WHICH ARISE OUT OF OR RELATE TO THE USE OF THE CAMP AND FACILITIES, INCLUDING BUT NOT LIMITED TO INJURY, ILLNESS OR DEATH, AND FOR ALL EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES INCURRED IN DEFENDING ANY SUCH CLAIMS; PROVIDED, HOWEVER, THAT THIS SECTION 2 SHALL NOT APPLY TO CLAIMS FINALLY ADJUDICATED TO HAVE ARISEN FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF OWNER.
Signature of Guest
Name of Guest Printed
Guest’s Date of Birth