RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY ACKNOWLEDGEMENT
Pruitt House Inn, LLC, a Virginia limited liability company (the “House”), operates a bed and breakfast (the “Inn”) on that certain real property owned by Pruitt House Holdings, LLC, a Virginia limited liability company (“Holdings”, and together with the Inn, the “Pruitt House Parties”), consisting of approximately 25 acres, more or less, located at 831 Cook Avenue, Brookneal, VA 24528 (the “Land”, and together with the Inn, the “Property”). The undersigned desires to participate and/or engage in the activities described below (the “Activities”), in, on, or about the Property, and in consideration of the Pruitt House Parties allowing the undersigned to participate and/or engage in the Activities in, on, or about the Property, the undersigned for itself, its personal representatives, assigns, devisees, heirs, and next of kin:
- ACKNOWLEDGES, AGREES, AND FULLY UNDERSTANDS AND ACCEPTS that (a) the Pruitt House Parties make no representations or warranties with respect to the Property or any portion thereof, including without limitation, any representation or warranty with respect to the fitness for a particular purpose and/or use of the Property or any portion thereof by the undersigned for the Activities, and the Pruitt House Parties expressly disclaim any such warranties, whether express or implied; (b) the Property is being provided to the undersigned for the Activities “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”; (c) the Activities may involve risks and dangers of serious bodily injury AND/OR DAMAGE TO THE UNDERSIGNED’S PERSONAL PROPERTY (“Risks”); (d) these Risks and dangers may be caused by the undersigned’s own actions or inactions, the actions or inactions of others participating and/or engaging in the Activities, the actions or inactions of others on the Property during the time in which the undersigned is participating in and/or engaging in the Activities, the conditions in which the Activities take place, or the negligence of the Releasees named below; (e) there may be OTHER RISKS or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; (f) the undersigned’s participation in the Activities is voluntary; and (g) the occupancy of the Property or any portion thereof by the undersigned in connection with the Activities or otherwise is a license and may be revoked by any of the Pruitt House Parties at any time, with or without notice.
- FULLY ACCEPTS AND ASSUMES ALL SUCH RISKS DESCRIBED HEREIN AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES the undersigned incurs as a result of the undersigned’s participation and/or engagement in the Activities in, on, or about the Property or any portion thereof.
- HEREBY WAIVES, RELEASES, ACQUITS AND DISCHARGES the Pruitt House Parties, and their respective members, managers, directors, officers, employees, attorneys, agents, successors and assigns (the “RELEASEES”) FROM ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, AND LIABILITIES OF ANY KIND OR NATURE WHATSOEVER WHICH THE UNDERSIGNED NOW HAS OR MAY ARISE FROM OR IN CONNECTION WITH THE UNDERSIGNED’S PARTICIPATION AND/OR ENGAGEMENT IN THE ACTIVITIES IN, ON, OR ABOUT THE PROPERTY OR ANY PORTION THEREOF.
- HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS each of the Releasees FOR ANY AND ALL SUITS, CLAIMS, LOSSES, DAMAGE, EXPENSES, COSTS, JUDGMENTS OR OTHER LIABILITIES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, COSTS AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH THE UNDERSIGNED’S PARTICIPATION AND/OR ENGAGEMENT IN THE ACTIVITIES IN, ON, OR ABOUT THE PROPERTY OR ANY PORTION THEREOF.
- HEREBY AGREES TO REPAIR ANY DAMAGE TO THE PROPERTY OR ANY PORTION THEREOF resulting or arising from the undersigned’s participation and/or engagement in the Activities in, on, or about the Property or any portion thereof.
- The invalidity or unenforceability of any particular provision of this Acknowledgement shall not affect the other provisions hereof, and this Acknowledgement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
- This Acknowledgement shall be governed by the laws of the Commonwealth of Virginia.
- The guest is over 18 years of age and has carefully read and understood and does hereby accept the terms and conditions set forth herein.