liability waiver

YOUR ENTRY INTO THE PARK INDICATES YOUR ACCEPTANCE

OF KAYUTA LAKE'S POLICIES, TERMS, AND CONDITIONS.

LIABILITY WAIVER AND HOLD HARMLESS AGREEMENT

 

This Liability Waiver Hold Harmless Agreement is between The Happy Factory, LLC DBA Kayuta Lake Campground and those listed below, (hereinafter respectively called “The Campground” and the “Party”). This Agreement provides for the use of Kayuta Lake Campground facilities and/or equipment (hereinafter collectively called the “Facilities”).

 

In consideration for myself being permitted to camp and participate in the Activities at The Campground, I agree to the following Waiver and Release:

 

I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY, AND HOLD HARMLESS, The Campground, all officers, volunteers, and employees of all liability for loss and/or injuries and/or death caused by, but NOT LIMITED TO, the following Activities and items: ILLNESS, CAMPING, CAMPFIRES, WALKING, HIKING, JOGGING, RUNNING, DRIVING, TREES, FISHING, SWIMMING, LASER TAG, ARCHERY, PAINTBALL, PEDAL KARTS, PLAYGROUND EQUIPMENT, WAGON RIDES, EVENTS, COMPETITIONS, SHOWS, DOGS, SHOWERS, SPEED BUMPS, BICYCLE OR MOTORCYCLE USE, GOLF CARTS, SCOOTERS, AND ENCOUNTERS WITH WILDLIFE. I acknowledge that camping has many hazards and that there are risks that cannot be eliminated, particularly in a wilderness environment.

 

I have or will inspect and carefully evaluate such Facilities. It is further agreed and represented that use of the Facilities constitutes an acknowledgment by my me that such Facilities have been inspected and carefully evaluated and that same are found and accepted as being safe and reasonably suited for the intended use.

 

I hereby acknowledge that The Campground is not responsible for any theft, loss, or damage incurred.

 

I further agree to reimburse The Campground for labor, parts, and/or supplies needed for any damages caused by me and/or my Party.

 

My signature below confirms that I have read and agree to abide by all rules, policies, and signage at The Campground. I also understand that I can be asked to leave the property, without a refund, for failure to follow said rules and policies. A copy of which is available online at www.kayuta.com/policies

 

I hereby consent to photographs and videos taken of me and my Party, listed below, during our stay at The Campground for purposes of event documentation and promotion of The Campground without compensation. Names will not be published.

 

I hereby represent that (i) I am in good health and in proper physical condition to participate in the Activities; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Activities. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities at The Campground.

 

My signature confirms that I have a valid rabies certificate for any pets in my Party. A copy will be provided if necessary.

 

If any provision of this Agreement is held to be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

I have reviewed and read the swimming pool policies mandated by NYS and the Oneida County Health Department. The swimming pool policies are as follows, but NOT LIMITED TO:

  • THERE ARE NO LIFEGUARDS ON DUTY – Swim at your own risk

  • NEVER SWIM ALONE. A minimum of two adults, 18 years of age or older must be present whenever this swimming facility is in use, with at least one adult remaining on the pool deck.

  • THERE IS NO SUBSTITUTE FOR ADEQUATE SUPERVISION. Children under 18 years of age must be accompanied in the swimming facility by a parent or guardian at all times, (an adult who is responsible for the children and their behavior).

  • IN CASE OF AN EMERGENCY, NOTIFY 911 IMMEDIATELY AND NOTIFY THE FACILITY OPERATOR. A free telephone is provided at this facility. EMERGENCY PHONE AVAILABLE IN THE CAMPGROUND STORE.

  • Only use the swimming facility during posted hours of operation

  • The only means to enter the pool is to walk down the stairs or ladders into the pool. No Diving, Jumping, Backflips, cartwheels, falling, and/or cannonballs into the swimming pool.

  • Do not drink alcohol and swim.

 

Parental Consent (required if the participant is less than 18 years of age).  As the parent or legal guardian to the minor(s) identified below, I hereby accept and agree to all the terms and conditions of this Agreement on behalf of the minor in connection with the minor’s participation in the Activities. 

 

I have read the above carefully, I clearly understand and voluntarily sign this waiver and release agreement.

All adults must sign and date.

All children and their ages must be listed below.

                                                                    Age

Printed Name                                          (If under 18)         Signature                                                  Date

 

 

 

If Visiting friends or family who are camping here, Please provide the following:

 

 

 

Site Number and Name:   _______________________________________________________________________________

YOUR ENTRY INTO THE PARK INDICATES YOUR ACCEPTANCE

OF KAYUTA LAKE'S POLICIES, TERMS, AND CONDITIONS.