Please read the campground liability waiver and sign in the space below.
BRUSHWOOD FOLKLORE CENTER, LLC
WAIVER OF LIABILITY, RELEASE AND HOLD HARMLESS AGREEMENT
Brushwood Folklore Center, LLC, and their partners, property title holders of 8881 Bailey Hill Road, Sherman, NY, officers, volunteers, sponsors, and contractors (hereinafter Brushwood Folklore Center, LLC) hope all campers have a rewarding experience. The undersigned recognize(s) that there are inherent risks involved in camping and activities, programs, and events at Brushwood Folklore Center, LLC. I understand that I have a duty to exercise reasonable care for my own safety and the safety of those for whom I am responsible.
Release from Liability. I RELEASE, WAIVE, DISCHARGE, and COVENANTS NOT TO SUE Brushwood Folklore Center, LLC from any loss, damage, claim, or demand, whatsoever, including any such claims relating to injury or loss to the person or property or resulting in the death, whether caused by the negligence of Brushwood Folklore Center, LLC or otherwise while I am at the campground and/or participating in any campground activities or Brushwood Folklore Center, LLC events.
Indemnification. I agree to waive any legal right to any claim and agree to INDEMNIFY AND HOLD HARMLESS Brushwood Folklore Center, LLC from all claims, damages, losses, injuries, and expenses arising out of or resulting from my family’s or my participation in campground activities and events for all past, present or future claims, demands, and causes of action. This release of liability covers all risks of the activity and any negligence of Brushwood Folklore Center, LLC, including claims for negligent instruction, operation or other forms of negligence not normally associated with the business and activities.
Damages or Losses. Brushwood Folklore Center, LLC shall not be responsible for any loss, damage, or claim related to any actual or alleged defect in any accommodations including trailer, RV, cabin, camper, or campsite deck. I assume liability or responsibility for any acts of any third person including guests. I assume full responsibility for and risk of bodily injury, death, or property loss or damage.
I affirm that I am attending the campground or event as a private individual. If I am representing any other groups or organizations, public or private, I have informed Brushwood Folklore Center, LLC owners and the event’s sponsors and organizations.
I acknowledge that the activities of the event sponsor are separate and apart from those of Brushwood Folklore Center, LLC and that Brushwood Folklore Center, LLC assumes no liability for the actions or inaction of the event sponsors.
Liability, Release and Hold Harmless
I further agree to release, acquit, and covenant not to sue Brushwood Folklore Center, LLC for all actions, causes of action, past, present, or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Brushwood Folklore Center, LLC, negligence of another participant, or negligence of my family, myself or my heirs, against Brushwood Folklore Center. This agreement covers the incidental transportation to and from the campground. In short, I cannot sue Brushwood Folklore Center, LLC or anyone else for any reason. If I or my family or minor child may receive an injury, I cannot collect any money. I agree to indemnify, agree to subrogation and to reimburse Brushwood Folklore Center, LLC for any damages, costs, fees or expenses Brushwood Folklore Center, LLC expends on me or my family's behalf, including the cost of any Ambulance or for any damages I may do to third parties.
I agree to the site of any lawsuit and the law governing any such lawsuit shall be Chautauqua County New York and governed by New York Law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in Chautauqua County New York applying New York Law. I understand and agree that I may be giving up the right to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue. I agree this forum selection clause applies to all claims, counterclaims, defenses, and third-party claims brought by either party to this agreement. The terms of this agreement shall continue and be, in effect, after my stay has ended. No changes in this document are valid. As liquidated damages, I hereby agree that if Brushwood Folklore Center, LLC is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by myself, my executors, or my heirs, on my family's or my behalf, my heirs or executors, and I agree to pay Brushwood Folklore Center, LLC costs and attorney's fees if they successfully defend such action, lawsuit or litigation. I understand and agree that I am indemnifying Brushwood Folklore Center, LLC for any claim I may bring or for any injury I receive. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release.
I have read and understood this Brushwood Folklore Center, LLC Waiver of Liability, Release and Hold Harmless Agreement. I am voluntarily signing this agreement. I understand I am giving up certain legal rights for myself, my family, and my heirs. By signing this I understand I, my family and my heirs cannot sue for any reason. If I or anyone else sues because of my injury, I and they cannot collect any money.
I understand I am signing this for myself, my family and my minor children.
