Waivers

The undersigned (“Participant”) desires to engage in certain activities, as described below, on the Property located at Edenwood Ranch and Preserve, W5734 Chicago Ave., Wautoma, WI and owned by Edenwood Ranch, LLC and Participant hereby understands and agrees to the following:

1. Activities. Participant desires to engage in Recreational Activities that may include, but are not limited to, hunting, fishing, boating, shooting, climbing, walking, horseback riding, swimming, biking, ziplining, hiking or operating vehicles (“Recreational Activities”) while on the Property owned by Edenwood; or Participant intends to rent a room or available temporary living arrangements, attend events, or otherwise be present (“NonRecreational Activities”) on the Property owned by Edenwood; or Participant desires and/or intends to engage in both Recreational Activities and Non-Recreational Activities on the Property owned by Edenwood.

2. Risks. Participant acknowledges that Recreational Activities on the Property involve physical exertion that may be strenuous at times and result in an increased heart rate, and/or an increased risk of heart attack. Participant is aware that there are additional risks related to the Recreational Activities that could cause injury (emotional or physical), or even death. For example, certain dangers associated with the Recreational Activities on the Property that could result in injury or death include, but are not limited to, tripping, slipping, falling, climbing, walking, bending, running, lifting objects, shooting guns, using fishing equipment, boating, falling off a horse, and setting up hunting equipment. Likewise, resulting injuries may include, but are not limited to, muscle fatigue and/or damage, bug bites, contracting an illness (e.g., a cold, flu, virus, Lyme disease, bacterial infection, etc.), broken bones, abrasions and/or serious wounds, loss of breath and/or difficulty breathing, drowning, injuries from vehicles, injuries sustained from an animal or bug (e.g., horse, deer, elk, ticks, mosquitos, spider, etc.), injuries from stray bullets or misfires, injuries from an arrow, gun-related injuries, and/or death. Even if engaging in Non-Recreational Activities, Participant may be exposed to the aforementioned risks due to the fact that others on the Property will be engaged in Recreational Activities that may cause Participant injuries and/or death. Participant acknowledges that Participant could suffer such injuries, illness or even death while engaging in any of the Recreational Activities and/or in Non-Recreational Activities on the Property owned by Edenwood.

3. RELEASE AND WAIVER OF LIABILITY. PARTICIPANT HEREBY RELEASES, WAIVES, AND FOREVER DISCHARGES EDENWOOD, EDENWOOD’S EMPLOYEES, AND EDENWOOD’S OWNERS, FROM ANY AND ALL CLAIMS OF NEGLIGENCE THAT PARTICIPANT HAS OR MAY HAVE AGAINST EDENWOOD, EDENWOOD’S OWNERS, EDENWOOD’S MEMBERS AND/OR EDENWOOD’S EMPLOYEES. FOR PURPOSES OF THIS PROVISION, THE “CLAIMS” INCLUDE ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, RIGHTS AND/OR CAUSES OF ACTION OF NEGLIGENCE THAT PARTICIPANT HAS OR MAY HAVE THAT ARE BASED UPON OR ARISE OUT OF EVENTS, INCIDENTS, OCCURRENCES, MISREPRESENTATIONS, CONDITIONS, DUTIES, ACTS, OR FAILURES TO ACT THAT OCCUR WHILE PARTICPANT IS ENGAGING IN RECREATIONAL ACTIVITIES AND/OR NONRECREATIONAL ACTIVITIES ON THE PROPERTY OWNED BY EDENWOOD. THE “CLAIMS” DO NOT INCLUDE ANY CLAIMS, ACTIONS, SUITS, DEMANDS, RIGHTS AND/OR CAUSES OF ACTION BASED UPON OR ARISING OUT OF A RECKLESS OR INTENTIONAL ACT.

4. Indemnification. Participant hereby agrees to indemnify Edenwood from any loss, liability, injury, damage, cost, or other expense resulting, in whole or in part, from Participant’s acts and/or omissions that occur at any time during the course of Participant’s Recreational Activities and/or Non-Recreational Activities on the Property owned by Edenwood.

5. Acknowledgements. Participant acknowledges that he/she has been given the opportunity to view and become familiar with the Property or is adequately familiar with the Property. Furthermore, Participant has been given the opportunity to ask any questions about and negotiate the terms of this Release, Waiver, and Indemnification Agreement including the opportunity to decline to execute this Release, Waiver, and Indemnification Agreement and is voluntarily agreeing to this Release, Waiver, and Indemnification Agreement after considering all of the risks and dangers associated with the Recreational Activities and Non-Recreational Activities on the Property owned by Edenwood.


FOR MINORS:
The undersigned represents, warrants, and certifies that he/she is the parent or legal guardian (print minor’s name below) (“Minor Participant”).

In consideration of Minor Participant engaging in Recreational Activities and/or NonRecreational Activities on the Property owned by Edenwood, I, on behalf of myself and the Minor Participant, consent to Minor Participant engaging in the aforementioned Recreational Activities and/or Non-Recreational Activities and, furthermore, I agree that I and the Minor Participant shall be bound by all of the terms of the Release, Waiver, and Indemnification Agreement.

PLEASE READ THIS RELEASE, WAIVER, AND INDEMNIFICATION AGREEMENT CAREFULLY BEFORE SIGNING. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ITS TERMS.