MARKS OVERLOOK LODGE
RELEASE OF LIABILITY
AND ACKNOWLEDGMENT AND ACCEPTANCE OF DANGERS, RI=
SKS
AND HAZARDS AS CONDITION FOR ENTRY
KNOW ALL MEN BY THESE
PRESENTS: For the consideration, be it hereby agreed:
PARTIES: Host is Marks
Overlook Lodge, its owners, heirs and employees. Guest is the person, whose
name appears below, and any minors or dependents accompanying that person.
Guest is participant.
MARKS OVERLOOK LODGE: 190 Marks Overlook Buda,
TERMS:
=
(1)&=
nbsp;
ACKNOWLEGME=
NT,
ACCEPTANCE AND ASSUMPTION OF RISKS: Guest acknowledges and understands that=
the
Host makes no warranties, either expressed or implied, as to the safety of =
the
Premises occupied and/or used by the Guest. This document provides and impa=
rts
sufficient warning that dangerous conditions, risks and hazards exist on the
Lodge property. Guest’s presence and activities on the premises expose
both Guest and Guest’s property to dangerous conditions, risks and
hazards, including but not limited to: poisonous snakes, insects and spider=
s;
ditches, erosion and general condition of the land both on and off the
roadways, creating rough, hazardous and dangerous driving and walking
conditions; animals, both wild and domestic that may be diseased and/or
potentially dangerous; deep water and sharp rocks. The Guest acknowledges,
accepts and assumes all such dangerous, risky and hazardous conditions in
exchange for right of entry.
=
(2)&=
nbsp;
RELEASE OF
LIABILITY AND INDEMNIFICATION: Guest realizes there are both natural and
man-made risks and hazards associated with being at the Lodge. The man-made
risks associated with the Lodge experience includes such things but not lim=
ited
to slippery bath-tubs; ladder to the loft; stairs; hot stoves and grills; d=
ock
on the creek; and boats. Guest agrees and understands that Host assumes no
liability for the Guest’s safety when he or she is exposed to hazardo=
us
conditions, whether natural or man-made. Guest agrees to release and hold t=
he
Host harmless from any liability for personal injuries or property damage
sustained while at the Lodge. Cumulative of the foregoing, Guest agrees to
indemnify and hold Host harmless from any and all action, claims, demands,
liabilities, losses, damages, injuries, costs or expenses of whatever kind =
or
nature, including cost of litigation, attorney’s fees and reasonable
expenses in connection therewith, for injury to =
Guest
and/or for damage or loss of Guests property while at the Lodge. The term
“injury” as used herein also covers death. The release and
indemnification provisions of this paragraph are binding upon the Guests, h=
is
or her heirs, successors and assigns and the estate. The release and
indemnification provision of this paragraph covers all claims for wrongful
death under the Texas Civil Practice and Remedies Code.
=
(3)&=
nbsp;
DURATION OF
AGREEMENT: The provisions, covenants, conditions, and indemnities contained=
in
this Release shall survive the term of the Guest’s stay at Marks Over=
look
Lodge.
By signing this agree=
ment, I
represent and warrant that (a) I have had ample opportunity to read this Ag=
reement
and have done so; (b) I fully understand and voluntarily agree to each term=
of
the Agreement; (c) I have the authority to sign this Agreement for each per=
son
listed below; (d) I am under no duress or requirement to sign this Agreemen=
t;
and (e) I have the mental competency to understand and enter into this
Agreement.
Dated and signed this _____ day of
____________, 200__.
By:
______________________________________ / Agent for Host
Guest’s
Signature_____________________________Guest’s Signature______________=
_____________