WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
THIS AGREEMENT APPLIES TO SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD CAMPING, ATV RECREATIONAL AREA, and WATER
RELATED ACTIVITIES (hereinafter “The Recreation Area”)
THIS AGREEMENT CONSTITUTES AN EXPRESS CONTRACTUAL ASSUMPTION OF ALL RISKS, AND BOTH A WAIVER AND RELEASE FROM ALL LIABILITY FOR ANY NEGLIGENCE OR DANGEROUS CONDITION OR PRIVATE PROPERTY AND INDEMNITY FOR ALL THIRD-PARTY CLAIMS (Hereinafter “Agreement”)
The undersigned for in consideration of and further for and in exchange of SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD, allowing my paid use of the premises, agrees as follows:
I know that ATV riding, to include four-wheeler, side by side, dirt bike, three-wheeler, bicycle, or any motorized vehicle is an inherently dangerous sport or recreation activity, in which I choose to voluntarily participate at my own risk. I am aware that the inherent and usual great risks, hazards and substantial dangers of personal injury, death and disability property and loss from riding ATV’s, such as four-wheeler, side by side, dirt bike, three-wheeler, bicycle, or any motorized vehicle (collectively
“damages”), necessarily increase when I or others use ramps, trails, traces, unaltered natural terrain, inclines or declines, mud bowls, rough earthen terrain and any man-made riding area or earthen terrain. I know that the inherent foreseen and often unforeseen risks, hazards and dangers include, but are not limited to, uncontrollable motor propelled ATV’s and bicycles which can lead to or cause strains, sprains, bruises, broken bones, concussions, heat exhaustion and may other injuries, DEATH, and property damage resulting from falling or being thrown from the ATV, wrecking, jumping, landing, performing tricks, or other similar activities, as well as colliding with other objects, users, staff, bystanders or spectators. I also understand that these inherent, great, increased risks, hazards and dangers are further increased when other persons, whether of the same level of experience or skill, are present at the same time and using the same facilities. (All of the above-defined activities are collectively referred to
throughout the Agreement as “The Hazardous Recreational Activities.”)
By the Agreement, it is my intention to forever relieve SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD and anyone associated with and working for SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD, including, but not limited to, its owners, landlords, officers, employees, agents, volunteers, sponsors, vendors, contractors, and exhibitors (also hereinafter SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD) of any duty to me and I do assume the entire risk of foreseen or unforeseen, known or unknown, bodily and personal injury claims, damages, losses, harms, deaths, property claims, medical expenses, hospital expenses, and any other type of personal or property damage claims or expenses that might occur during or as a result of my use of, or presence at the SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD area (hereinafter “The Recreation Area”). By this agreement, I also intend to forever release, discharge and absolve SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD from any and all liability for any active or passive negligence whatsoever by SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD and to waive and relinquish any claim, demand or causes of action, of whatsoever kind or nature, known or unknown, against SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD for any property damage, loss, expense and for any personal injury, damage, loss, harm, death, hospital or medical expense or any other type of expense caused by any negligence of SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD or other persons using The Recreation Area and promise not to sue or exercise any legal right to seek damages from SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD. By this Agreement, I also intend to and do forever release, discharge, waive and relinquish and absolve SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD from any and all claims or causes of action against SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD for any property damage, loss or expense and any personal injury, damage, loss, harm, death, medical or hospital expense and any other type of expense caused by the Hazardous Recreational Activities and/or by the condition and/or maintenance of The Recreation Area premises or any of it’s equipment, structures or devices, including but not limited to ramps, trails, traces, unaltered terrain, inclines or declines, mud bowls, rough natural earthen terrain or any man made riding area or altered terrain and promise not to sue or exercise any legal right to seek damages from SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD for injuries or death resulting from any activity, or any reason whatsoever or for any injuries or damages which occur at The Recreation Area.
I understand the rules and rental conditions upon which I am renting accommodations, equipment and using the rest of the associated property … lodging and camping and use of the swimming/bathing facilities. The sole responsibility for my safety lies with me. In agreeing to this, I acknowledge that outdoor and water activities and exposure to the natural elements and animals can be dangerous and sometime result in injury and even death. Water facilities contain inherent risks, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. Alcohol and/or drugs do not mix safely with any outdoor activity.
In Consideration of being permitted to utilize for pay The Recreation Area, I agree as follows:
As to my participation in any activity, including, but not limited to, the Hazardous Recreation Activities and as to all liability for any injury or damages which I may suffer or incur due to any cause what, while on The Recreation Area premises, I hereby agree:
To forever WAIVE any and all claims for any injury and/or damages that I may have against SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD or any other person, landlord, company or entity in anyway associated with SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD. Initial Here
To forever RELEASE SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD from any and all liability for any injury and/or damages that I may suffer or incur, or that my next of kin may suffer, as a result of my participation in any activity, including but not limited to the Hazardous Recreational Activities. Initial Here
To forever HOLD HARMLESS AND INDEMNIFY SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD from any and all liabilities for any injury and/or damages to any third party resulting from my participation in any activity, including, but not limited to the Hazardous Recreational Activities. Initial Here
This waiver and release of liability and indemnification agreement shall be effective and binding upon me, my heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees and assigns in the event of property damage or my
injury, disability or death. Initial Here
I have read, understand and agree to be bound by ALL RULES set forth by SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD to include but not limited to SPEED LIMITS, NO USE OF ALCOHOLIC
BEVERAGES, and other RULES FOR USE while using the Recreation Area. I understand the rules and agree that violation of the rules may result in loss of The Recreation Area privileges,
removal from the area and/or sanctions. Initial Here
I will abide by the rules and accept the rental conditions:
The property I rent will be returned in the same condition in which it was rented, and I will be responsible for all damage or loss that occurs during my rental period.
I agree to hold harmless and to indemnify SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD and its directors and officers, against all loss, damage, expense and penalty on account of personal injury or property damage to the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees or animals of the said company or not.
I acknowledge receipt of the property in good order and condition and further agree that SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD and its board of directors, officers and staff shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented.
I enter into agreement freely with SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD at my own risk, acknowledging the risks inherent in outdoor and river activities and assume all responsibility for myself and the minor children in my charge.
All parties agree to and will comply with Federal, State and County pollution laws and any other applicable laws and regulations.
I acknowledge and understand that SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD is an AT YOUR OWN RISK recreation facility. Elton Swamp Off-road, LLC does NOT supervise any ATV, four-wheeler, side by side, dirt bike, three-wheeler, bicycle, or motorized vehicle use or users and assumes NO responsibility for them.
I acknowledge and understand that this Agreement affords SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD broader rights and protections than provided by statute and state law and willingly agree to such broader rights and protections for SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD.
I agree that this Agreement is intended to be at least as broad and inclusive as is permitted by the laws of the State of Mississippi and that if any portion of the Agreement is held invalid, it is agreed that the balance shall continue in full force and effect.
I certify that I have no medical condition that would cause participation in any activities at the Recreation Area to increase the risk of hazard to my health. In addition, I authorize SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD to provide or cause to be provided such medical treatment that may be necessary or appropriate if I am injured while at The Recreation Area, without there being any admission or implication of responsibility of liability on SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD’s part by doing so.
I understand and agree that this Agreement shall remain in full force and effect and bind me, my heirs, estate and assigns for any and all present and future allowed or unauthorized use of The Recreation Are by me.
I certify that I am over the age of 18 (and assume responsibility for those in my charge under the age of 18). I hereby assume all legal responsibility for bodily injury to myself or any other person and property as a result of my visit to SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD and use, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for myself and the minor children in my charge and visit SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD Campground and associated properties and engage in activities or events at SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD at my own risk.
I HAVE AND VOLUNTARILY SIGNED AND INITIALED all pages of the Agreement, and further agree that no oral representations, statements, or inducements apart from this Agreement have been made by SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD regarding the subject matter of this Agreement.
MINORS (UNDER 18 YEARS OF AGE)
If I am younger than 18 years of age, my parent (legal guardian) and I certify that I am younger than 18 years of age. I(We) have completely read and understand this Agreement and its terms. Prior to signing this Agreement, I(We) have had the opportunity to consult with an attorney about the affect of this Agreement. I(We) are aware that by signing this Agreement I(We) assume all risks and waive and release all rights that I(We) and my heirs, next of kin, family, relatives, guardians, executors, administrators, trustees and assigns may have against SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD.
Further, I(We) understand and agree that all persons under the age of 18 are required to wear a helmet while on or operating any ATV, four-wheeler, side by side, dirt bike, three-wheeler, bicycle, or motorized vehicle while on the premises of SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD.
THIS AGREEMENT MUST BE SIGNED IN THE PRESENCE OF AN SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD REPRESENTATIVE.
WITNESS MY SIGNATURE,
Sign Here
MINORS (UNDER 18 YEARS OF AGE)
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT I AM THE LEGAL GUARDIAN OF THE BELOW LISTED MINOR PARTICIPANT(S) AND THAT I AM EXECUTING THIS WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT FOR AND ON BEHALF OF SAID MINOR(S), WITH ALL TERMS AND CONDITIONS OF THE ABOVE AND FORGOING AGREEMENT BEING APPLICABLE TO SAID MINOR(S), THEIR HEIRS OR ASSIGNS, PARENTS, GUARDIANS, AS WELL AS THE UNDERSIGNED LEGAL GUARDIAN.
IF PARTICIPANT IS UNDER THE AGE OF 18 AND GUARDIAN IS NOT PRESENT UPON PARTICIPANT’S ENTRY TO SWAMP LIFE, LLC, DBA ELTON SWAMP OFF-ROAD, LEGAL GUARDIAN’S SIGNATURE MUST BE NOTARIZED IN ACCORDANCE WITH THIS WAIVER RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT.
SUBSCRIBED AND SWORN BEFORE ME on this the day of Sunday, May 28, 2023