In consideration of participating in recreational activities, including hiking, walking, biking, motor sports, fishing, hunting, and recreational club activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence of Neechee Cabin, LLC, its owners and directors, officers and employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
- I acknowledge that participation in these recreational activities (including but not limited to hiking, walking, biking, motor sports, fishing, hunting, games, and recreational club activities) involves known and unanticipated inherent risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. I further understand that this property includes a working farm, commercial timber operations, and roaming animals. Risks include, but are not limited to, death or serious injury as a result of being shot or as a result of equipment malfunction; hearing loss; loss of vision; broken bones, bruises and other bodily injuries caused by falls or uneven terrain; weather-related hazards; wildlife encounters (including but not limited to mosquitoes, ticks, spiders, snakes, and poison ivy); dehydration, injury, or death; medical conditions resulting from physical activity, and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
- I expressly accept and assume all of the risks inherent in all of the activities taking place during my visit to these premises, regardless of the extent of my participation, or that might have been caused by the negligence of the Releasees. My presence at this location and my participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation and leave the premises.
- I agree to follow all posted signs, verbal instructions, and safety rules established by Neechee Cabin, LLC, and its representatives. I understand that failure to follow these guidelines may result in my removal from the property without refund.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
- I understand and acknowledge that this Release, Indemnification and Hold Harmless Agreement is fully enforceable under the Laws of the State of North Carolina and is governed by said Laws. I willingly submit myself, regardless of my place of residence or domicile to the Courts of North Carolina and their jurisdiction to enforce this Release, Indemnification and Hold Harmless Agreement. Any action or proceeding by either of the parties to enforce this Agreement shall be brought only in the state or federal courts of competent jurisdiction located in Wake County, North Carolina.
- I acknowledge that this Release, Indemnification and Hold Harmless Agreement constitutes the entire understanding of the parties and all other prior agreements, whether written or oral, are merged herein and superseded hereby. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
