In consideration of Shadow Lake, LLC (the “Company”) allowing customers (“Customers”) to use the Company’s facilities, equipment, personnel, materials, products (including but not limited to alcoholic beverages for sale by the Company) and/or services, and to participate in activities hosted or otherwise provided by the Company on the Company’s premises located at 101 Main Street, Noel MO 65854. Customers (as signatories to this Agreement) agree to the following terms and conditions of this Agreement of Waiver and Release from Liability (the “Agreement”).
1. ASSUMPTION OF THE RISK. Customers know and understand the scope, nature, and the extent of the risks involved in being present on the Company’s premises and participating in related activities, including but not limited to consuming alcoholic beverages, which risks include, but are not limited to being in close physical proximity and physical contact with other persons and the risk of personal injury and/or death. Specifically, Customers understand that consuming alcoholic beverages is an inherently dangerous activity that includes substantial risks. CUSTOMERS HEREBY EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH, PERSONAL INJURY, INFECTION, OR DAMAGE TO OR LOSS OF PROPERTY WHILE PRESENT ON THE COMPANY’S PREMISES, PURCHASING ANY PRODUCTS AND/OR SERVICES FROM THE COMPANY, AND/OR PARTICIPATING IN ANY ACTIVITIES ASSOCIATED WITH THE COMPANY’S BUSINESS, INCLUDING BUT NOT LIMITED TO THE RISK OF ANY ACTIVE OR PASSIVE NEGLIGENCE BY THE COMPANY AND/OR ANY AGENT, EMPLOYEE, AND/OR REPRESENTATIVE THEREOF as set forth herein. Customers understand by assuming this risk they are relinquishing important legal rights.
2. RELEASE FROM LIABILITY. Customers understand and agree that there is a possibility of injury in being present at the Company’s premises and/or participating in activities related thereto, including but not limited to the purchase and/or consumption of alcoholic beverages, and Customers further understand and agree that, by execution of this Agreement, Customers are knowingly, voluntarily, and fully releasing the Company and its agents, servants, employees, and representatives (collectively, “Releasees”) from liability as set forth herein and agreeing not hold the Releasees liable for any injuries or damages sustained, or illness contracted, by Customers while on the Company’s premises, or as a result of the provision of any product or service by the Company to Customers, and/or by the Customers’ participation in any activity hosted or otherwise provided by the Company. Customers hereby EXEMPT, RELEASE, AND AGREE TO HOLD RELEASEES HARMLESS from any and all liability claims, demands, or causes of action whatsoever, to the fullest extent allowed by law, including but not limited to CLAIMS FOR NEGLIGENCE and even if the cause or damages or 2 injuries are alleged to be the fault or caused by the negligence or carelessness of the Company, for any alleged damage, loss, or injury to each Customer, which may arise out of or in connection with any of the activities set forth in this Agreement (including but not limited to being on the Company’s premises). CUSTOMERS HEREBY SPECIFICALLY RELEASE AND DISCHARGE RELEASEES OF AND FROM LIABILITY FOR ANY PERSONAL OR BODILY INJURY, DEATH, DAMAGE, OR LOSS OF PROPERTY ARISING OUT OF, OR WHICH MAY BE DIRECTLY OR INDIRECTLY CAUSED BY, THE NEGLIGENCE, ACTIVE OR PASSIVE, OF ANY RELEASEES. Customers understand that they are each giving up important legal rights which they may otherwise have by entering into this Agreement.
3. AGREEMENT NOT TO SUE. EACH CUSTOMER AGREES NEVER TO INSTITUTE ANY SUIT OR ACTION AT LAW, arbitration, or other action or claim, against any Releasee involving, or as a result or arising out of, injury, death, damage, or loss of property while upon any Releasee's premises, or while participating in any of the activities (including but not limited to the consumption of alcohol) or otherwise being exposed to any of the risks, contemplated by this Agreement. SHOULD ANY SUIT OR ACTION AT LAW OR OTHERWISE BE INSTITUTED IN VIOLATION OF THIS AGREEMENT BY ANY CUSTOMER AGAINST ANY OF THE RELEASEES DESCRIBED IN PARAGRAPH 2 ABOVE, EACH SUCH CUSTOMER AGREES THAT RELEASEES THAT ARE SUBJECTED TO SUCH SUITN OR ACTION SHALL BE ENTITLED TO RECOVER, IN ADDITION TO ANY OTHER DAMAGES WHICH MAY BE INCURRED, REASONABLE ATTORNEY'S FEES AND COSTS INCURRED IN DEFENSE OF SUCH SUIT OR ACTION (INCLUDING ANY APPEALS THEREFROM).
4. AGREEMENT BINDING ON HEIRS AND EXECUTORS. It each Customer’s intent that this Agreement will be binding on his or her estate, executors, personal representatives, administrators, heirs, or other successors such that they shall not to institute any suit or action at law, arbitration, or other action or claim arising out of my death or personal injury while upon any Releasees' premises or participating in any activities contemplated by this Agreement.
5. INDEMNITY AGAINST THIRD PARTY CLAIMS. Each Customer individually agrees to defend, indemnify, and hold harmless any or all Releasees from any and all losses, claims, actions, or proceedings of every kind and character, including reasonable attorney's fees and expenses, presented or initiated by any other persons or organizations and which arise directly or indirectly from alleged injury, death, or damage to such Customer as an alleged result of the Customer’s participation in, or exposure to, any of the risks contemplated by this Agreement. 3
6. REVOCATION. Customers agree that any revocation of this Agreement will be made in writing, signed by the Customer, and delivered to PO BOX 651, PINEVILLE MO 64856. by first class mail or personal delivery to an officer of the Company. Any revocation will make an express reference to this Agreement. Customers understand that, until a valid revocation is delivered as required by this paragraph, this Agreement will remain in force and effect and will continue indefinitely. In the event that this Agreement is claimed to be in conflict with any other waiver, release, or agreement that Customers may have signed, it is each Customer’s intent that this Agreement be interpreted to extend maximum protection to the Releasees.
7. REPRESENTATION BY CUSTOMERS. Customers each represent and warrant that they are over 18 years of age and that, to each Customer’s knowledge, each Customer, for him or herself, has the legal capacity to enter into this Agreement.
8. VALIDITY OF WAIVER. Customers have read this Agreement and understand its terms and conditions. Customers understand that they are giving up important legal rights by executing this Agreement and understand that institute any suit or other action or claim as a result of a Customer’s injury, death, or property damage arising out of the activities covered by this Agreement, this Agreement can and will be used against Customers and/or their estate and that waivers of this type have been upheld by courts in similar circumstances.
9. MISSOURI LAW/VENUE. Customers agree that the law of the State of Missouri shall apply to issues involving the construction, interpretation, and validity of this Agreement, and that Missouri law shall govern any dispute between the parties arising from the activities covered by this Agreement. In the event this Agreement is violated, and suit is brought against any of the organizations and/or persons described in Paragraphs 1 through 8 above, Customers agree that Greene County, Missouri shall be the sole venue for any suit or action arising from the activities covered by this Agreement. Customers agree that the headings and sub-headings used throughout this Agreement are for convenience only and have no significance in the interpretation of the body of this Agreement.
