Usage Release of Liability
RELEASE OF LIABILITY READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS THIS RELEASE OF LIABILITY is made and entered into this day last written below, hereinafter referred to as the "Agreement," by and between: RELEASORS, as listed below, including their personal representatives, executors, administrators, assigns, guests, minor children, heirs, and next of kin, (hereinafter collectively, “Releasors,” whether one or more), and RELEASEES: MARK JAMES REVELS and STACY LYNN REVELS, including their agents, personal representatives, executors, administrators, assigns, heirs, and next of kin, (sometimes referred to herein as the “Releasees,” whether one or more) of 17 Firefly Lane, Eufaula, Oklahoma, 74432.
NOW THEREFORE, IN CONSIDERATION for participation in the activity of Hot Tub usage (the “Activity”) and/or use of the property, facilities, and services of Releasees, and other valuable consideration, the Releasors agree to the following
1. AGREEMENT TO FOLLOW DIRECTIONS, ACKNOWLEDGMENT, AND DUTY TO VACATE AND REPORT. Releasors agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Releasees. Releasors will continuously and thoroughly inspect such areas. The continued presence constitutes an acknowledgment that Releasors have inspected the area(s) and found and accepted such area(s) as being safe and reasonably suited for the Activity. Releasors further agree and warrant that if, at any time, Releasors feel or think anything to be unsafe, Releasors will immediately leave the area and advise Releasees of the matter.
2. ASSUMPTION OF THE RISKS AND RELEASE. Releasors recognize that there are certain inherent risks associated with the above-described activity, which may include but are not limited to drowning, heat exhaustion, heat stroke, skin/ear/bladder/lung or other infections, chemical burns or irritations of the skin, physical/psychological injury, pain, suffering, illness, slipping, falling, fractures, head injuries, disfigurement, disability, economic loss, emotional loss, paralysis, or death. Releasors assume full responsibility for personal injury or other damages to myself and (if applicable) my family members, and further release and discharge Releasees for injury, loss, or damage arising out of Releasors' use of or presence upon the facilities of Releasees, whether caused by the fault of the Releasors, the Releasees, or other third parties.
3. INDEMNIFICATION. Releasors agree to indemnify and defend Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement including the cost of pursuing any insurance providers, which may in any way arise from Releasors' use of or presence upon the facilities of Releasees.
4. APPLICABLE LAW. Any legal or equitable claim arising from participation in the above Activity shall be resolved under Oklahoma law.
5. NO DURESS. Releasors agree and acknowledge that Releasors are under no pressure or duress to sign this Agreement and that Releasors have been given a reasonable opportunity to review it before signing. Releasors further agree and acknowledge that Releasors are free to have independent legal counsel review this Agreement if so desired. Releasors further agree and acknowledge that Releasees has offered to refund any fees Releasors have paid to use its facilities if Releasors choose not to sign this Agreement.
6. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
7. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unsuccessful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
9. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements and understandings between the parties relating to the subject matter hereof.