Swain Swamp Stomp Waiver
Swain Resort/Swain Swamp Stomp Release of Liability Denton Hill Family & Ski Resort Inc. DBA “Swain Resort”
A. Risk of Personal Injury. I understand that the risks of this event are numerous and include, but are not limited to, the following: DEATH, PARALYSIS, HEAD INJURIES, BROKEN BONES, CUTS, SCRAPES, DROWNING, DAMAGE TO CLOTHING, AND CAUSING DAMAGE TO AND/OR INJURING OTHERS; falling, loss of control, encountering trees, limbs, brush, rocks, WATER HAZARDS, structures, ropes, barriers, and/or other man-made or naturally occurring obstacles; encountering unpredictable terrain such as varying steepness, mud holes, cliffs, gravel, narrow trails, and/or lack of trails; negligence of other runners, persons or vehicles; and/or negligent actions of Swain Resort, any owners of property ran on, their officers, employees, or agents (herein collectively referred to as “Swain Resort”).
B. Conditions and Representations.
I. I have made no misrepresentations to Swain Resort in any regard, including, but not limited to, my height, weight, age, abilities.
II. I will read and follow all instructions and signs. I agree that Swain Resort may revoke and/or confiscate my pass to participate and prevent my use of the mountain for unsafe or rude conduct or failure to obey instructions.
C. Release of all liability (including negligence). I AGREE TO FULLY RELEASE AND DISCHARGE SWAIN RESORT FROM ANY LIABILITY for any damages, injuries, or claims, including any injuries or damages occurring from any negligence of Swain Resort to myself or any other person or property, as a result, my participation in any race activities held by Swain Resort. I fully understand and agree to release Swain Resort for its negligence in causing in whole or in part any injury to me.
D. Express Assumption of Risk. I EXPRESSLY ASSUME ALL RISK OF LOSS, DAMAGE, OR INJURY OCCURRING AS A RESULT OF PARTICIPATING IN ANY RACES, INCLUDING THE RISK OF SWAIN RESORT’S NEGLIGENCE.
E. Promise Not To Sue and Hold Harmless. I AGREE NO LAWSUIT WILL BE FILED BY ME OR ON MY BEHALF AGAINST SWAIN RESORT as a result of my participating in any races. If I do file a lawsuit, I agree to pay any attorney fees, cost, or judgments incurred by Swain Resort even if Swain Resort is found negligent. I FURTHER AGREE TO INDEMNIFY SWAIN RESORT AND HOLD IT HARMLESS FOR ANY DAMAGES, INJURY, JUDGMENTS OR LAWSUITS, including any attorney’s fees and the cost incurred by Swain Resort as a result of my participation in this event or any lawsuits resulting from such participation. I agree with my obligation to indemnify and hold Swain Resort harmless applies even if Swain Resort is negligent. I understand this is a contract, which limits my legal right, and it is binding upon myself, my heirs, and legal representative. If portions of this agreement are invalid, it is agreed the remaining portions will remain intact and enforceable. By signing the Release of Liability the undersigned acknowledges he/she has fully read and understands the above and foregoing.
F. ALL OBSTACLES ARE NOT MANDATORY. SWAIN RESORT ENCOURAGES YOU TO SKIP ANY OBSTACLE YOU FEEL YOU ARE NOT ABLE TO ACCOMPLISH.
G. ALL 3 PONDS ARE CONSIDERABLY DEEP. IF YOU CANNOT SWIM OR ARE A SUB PAR SWIMMER, PLEASE DO NOT ATTEMPT THE 3 OBSTACLES THAT INVOLVE THE PONDS WHICH INCLUDE: ROPE BRIDGE, WATER SLIDE, & TUBE BRIDGE.
Minors: Prospective participants under the age of 18 years are required to have a parent or legal guardian read and also sign this Release. The parent and the participant under 18 have read, understand and agree to comply with this Release. By signing this document, the parent agrees to each of the provisions above, including to indemnify and hold Swain Resort, its agents or employees harmless from any and all claims brought by the participant under 18 or resulting from the participant under 18’s actions, whether Swain Resort, its agents, or employees are negligent or not.
