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:
Before participating in Activities please review the waiver below:
ASSUMPTION OF RISK RELEASE AND WAIVER OF LIABILITY INDEMNITY AGREEMENT
TO: Camp Wandawega/Wandawega Lake Resort and associated properties (“the camp”), its owner, operators, and its and their successors, heirs and assigns.
IN CONSIDERATION of participating in the following activities at the camp (the “ACTIVITIES”):
I WARRANT TO YOU THAT:
- I am familiar with the risk of serious injury and death to which any participant in the ACTIVITIES will be exposed, and
- I believe that I am physically, emotionally and mentally able to participate in the ACTIVITIES, and that my equipment is mechanically fit for my use in the ACTIVITIES, and
- I understand that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with me, and
- I will immediately remove myself from participation, and notify a representative of the establishment, if at any time I sense or observe any unusual, hazardous or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation in the ACTIVITIES.
I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin, that my participation in the ACTIVITIES and execution of this document constitutes:
- an unqualified ASSUMPTION OF ALL RISKS associated with participation in the ACTIVITIES by me even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the ACTIVITIES organizer and any persons associated therewith or participating therein, and
- a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the above named parties, any program organizer and all persons and organizations associated with them and the ACTIVITIES, including without limiting the generality of the foregoing, their respective officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or lessors of the premises used to conduct the ACTIVITIES, sanctioning bodies, medical or rescue personnel (the “RELEASEES”), of and from with the respect to all injury, disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise, and
- an UNDERSTANDING NOT TO SUE the RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in the ACTIVITIES by me, and
- an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the RELEASEES or otherwise.
- You acknowledge that you must wear personal flotation devices at all times when operating or riding on watercraft. You must wear closed-toed shoes in order to participate in archery, hatchet/axe throwing activities. You acknowledge that by wearing footwear that exposes your toes, you’re at risk of injury including, but not limited to, axes falling on your feet and/or hitting your feet causing minor to severe injury.
Guest understands that if Guest wishes to use the camp and facilities and participate in activities but has objections or complaints about this Release, Guest or his/her attorney may contact the Owner’s 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.
I HAVE READ THIS DOCUMENT THOROUGHLY. I UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND AGREEMENTS WHEN ACCEPTING MY PARTICIPATION IN THE ACTIVITIES.
I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE.
I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.
Signature of Guest/Participant
Name of Guest/Participant Printed
Guest/Participant’s Date of Birth