Liability Waiver and Release Agreement with Indemnification for Minors
In consideration of the services of Travlin Investments; LLC, DBA Black Bear Resort their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf. I knowingly and intentionally waive, release, indemnify, hold harmless and discharge Black Bear Resort on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I, the undersigned, am aware that I am willingly requesting and paying for shuttle transportation at my request. I am aware that transportation services provided by Black Bear Resort may suffer delays or cancellations due to weather, road conditions, and equipment failure and or accidents. I acknowledge that there may be other risks inherent in these activities of which I may not be presently aware.
By signing this form, I expressly assume all risks of using Black Bear Resort services, and I hereby release Black Bear Resort, its agents, representatives, and affiliates from any and all claims, whether foreseen or unforeseen, arising directly or indirectly that I may have against them for injury, death, property damage, or other incidents related to (i) my participation in this activity, (ii) negligence or other acts however caused, or (iii) the condition of the premises where these activities occur.
I commit to adhering to all rules and safety instructions while on the shuttle bus. I agree that I am fully responsible for my acts and their consequences before, during, and after the use of Black Bear Resort services. I expressly agree and promise to accept and assume all of the risks existing in this shuttle ride. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Black Bear Resort from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Black Bear Resort's equipment or facilities, including any such claims which allege negligent acts or omissions of Black Bear Resort.
Should Black Bear Resort or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. In the event that I file a lawsuit against Black Bear Resort, I agree to do so solely in the state of Tennessee, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
Disclaimer In case of cancellations due to incapacity of Black Bear Resort driver or Black Bear Resort equipment, Black Bear Resort will attempt to reschedule the event with the renter or, if not possible, will issue a refund of the deposit or prepayment already received.
Black Bear Resort is not liable if the shuttle van experiences delays due to traffic, road conditions, weather, or passenger behavior, and no refund will be issued.
In case of delays caused by Black Bear Resort material failure, Black Bear Resort will rectify the situation at its discretion depending on the situation. Black Bear Resort is not responsible for personal items left in the van or in passenger's car. Passengers are encouraged to keep their items secured at all times.
Black Bear Resort reserves the right to refuse service to or remove any passenger whom Black Bear Resort determines may present a distraction or threat to the safety of the group, with no refund.
Black Bear Resort shuttle service only comprises van transportation from designated pick-up to drop-off points, and Black Bear Resort is not responsible for passengers after drop-off. It is advised that passengers are strongly encouraged to become familiar with the different trails and only undertake activities that are within their range of ability.
Each passenger must sign this liability waiver prior to the start of service.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.