Waiver & Release of Liability
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISK AGREEMENT
State of New York — Private Property Recreational Activity
This Agreement is entered into by the undersigned participant ("Participant") in connection with their presence at and voluntary participation in activities at the Shveitzburne property ("the Property"), located in upstate New York.
1. VOLUNTARY PARTICIPATION. Participant acknowledges that participation in activities at the Property is entirely voluntary. Participant has had the opportunity to ask questions, review this Agreement, and decline to sign. No pressure, coercion, or inducement has been applied.
2. ASSUMPTION OF RISK. Participant acknowledges that activities at the Property — including but not limited to ATV and off-road vehicle operation, swimming, fire pit use, outdoor fitness activities, hiking on natural terrain, and wildlife interaction — involve inherent risks of serious injury, permanent disability, and death. Specific hazards include: ATV rollover, collision, or ejection; water depth and drowning; open flame burns; equipment failure; uneven terrain, trip hazards, and falls; encounters with wildlife; and other unforeseen conditions. Participant voluntarily assumes all such risks, both known and unknown.
3. ATV & VEHICLE USE. Participant specifically acknowledges that the operation of all-terrain vehicles (ATVs) and off-road vehicles carries significant risk of serious injury or death. Participant agrees to: operate such vehicles only after receiving instruction; wear appropriate safety equipment including a helmet at all times; follow all posted rules and operator guidelines; and never operate vehicles under the influence of alcohol or any impairing substance.
4. RELEASE OF LIABILITY FOR ORDINARY NEGLIGENCE. In consideration of being permitted to access the Property and participate in activities thereon, Participant — on behalf of themselves and their heirs, executors, administrators, and assigns — hereby releases, waives, and forever discharges the Property owners and operators, their family members, agents, employees, and representatives (collectively, "Released Parties") from any and all liability, claims, demands, losses, or damages arising out of or related to Participant's presence on the Property or participation in any activities therein, including claims arising from the ORDINARY NEGLIGENCE of the Released Parties. Participant expressly acknowledges that this release covers ordinary negligence and assumes all risk accordingly. This release does not extend to gross negligence, reckless conduct, or intentional acts.
5. INDEMNIFICATION. Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Participant's conduct on the Property or any breach of this Agreement.
6. PHYSICAL CONDITION. Participant warrants that they are in adequate physical condition to participate in the selected activities, are not aware of any medical condition that would make such participation inadvisable, and accept full responsibility for any health consequences arising from their participation.
7. EMERGENCY MEDICAL AUTHORIZATION. In the event of an emergency, Participant authorizes the Property owners and their designees to arrange for such emergency medical treatment — including contacting emergency services, transporting Participant, and consenting to treatment on Participant's behalf — as they deem reasonably necessary. Participant assumes full financial responsibility for any such treatment.
8. RULES & CONDUCT. Participant agrees to follow all rules posted on the Property and instructions given by Property operators, to behave responsibly, and to immediately report any unsafe conditions. Failure to comply may result in removal from the Property.
9. SEVERABILITY. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
10. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior oral or written representations.
11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
BY SIGNING BELOW, PARTICIPANT ACKNOWLEDGES: (a) they have read this Agreement in its entirety and understand its contents; (b) they are 18 years of age or older; (c) they are signing voluntarily and of their own free will; and (d) they agree to be legally bound by its terms.
By submitting you confirm that all information above is accurate and that you are signing this waiver voluntarily as a legally binding document. This waiver is governed by the laws of the State of New York. For legal questions consult a licensed New York attorney.