Sledding Waiver
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT: Pond Hill Farm, LLC, and Harbor Springs Vineyard & Winery, LLC (“Owner”), has a sledding hill. I have requested permission to use the sledding hill and subject to the terms of this Agreement Owner has granted permission to me to use the sledding hill. It is a condition of using the sledding hill that I acknowledge and agree to the terms of this Agreement.
THERE ARE RISKS. I am aware that sledding is a risky winter activity. The risks include falls, bumps, bruises, brain damage or other severe injury or death. These risks can be caused by changing weather conditions, changes or variations in terrain, ice, changes in visibility, impacts or collisions with natural or man-made objects or with other participants, my own negligence or the negligence of other participants or negligence. The risks of sledding also include negligence by Owner and their respective employees, owners, officers, representatives, directors, shareholders, agents, or vendors (collectively “PHF”). I am aware that these risks and dangers and dangers exist throughout the sledding area and are often not marked or apparent.
ASSUMPTION OF RISKS. In consideration of PHF allowing me to participate in sledding I EXPRESSLY ACCEPT ALL RISKS AND DANGERS ASSOCIATED WITH SLEDDING INCLUDING BUT NOT LIMITED TO THE POSSIBILITY OF SERIOUS PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE and I AGREE NOT TO SUE PHF for any reason, including for any property damage or personal injury or death that arises because I have participated in sledding. I am solely responsible for losses or damages or injuries, including death, that arise because I have participated in sledding and I am relieving PHF of and from any liability for any loss, damage, injury, or death. I WAIVE any claims I may have as a result of injury to my person or property or to the person or property of any other persons because of sledding. This agreement is binding on me and my assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives, or administrators and may be used by PHF as a complete bar and defense against any claims, demands, or causes of action by me or on my behalf. I am responsible for obtaining and using a helmet while sledding. PHF has not made any representations or warranties to me about sledding. I understand that a sled is a user controlled device and I am the sole judge of my ability to sled in a careful and prudent manner. I will all times safeguard myself and others as much as possible. PHF strongly recommends that I use a helmet and I am responsible for obtaining a helmet.
I WILL INDEMNIFY, DEFEND, PROTECT, and HOLD PHF HARMLESS against and I RELEASE PHF from any and all allegations, claims, complaints, causes of action, losses, damages, costs, fees (including reasonable attorneys’ fees), or expenses arising from or related to this agreement or any breach of this agreement or from my participation in sledding, regardless of whether any of these arise from incidents that occurred prior to or on or after the date of this Release or from negligence by PHF.
If any part of this agreement is not valid the remaining parts of this agreement will still be valid. This agreement is governed by the laws of Michigan. PHF may take photographs or videos during my visit and I grant permission to PHF to use these materials in advertising, web sites, brochures, social media, or other publications without notifying me. I waive any right to privacy in these materials.
I HAVE CAREFULLY READ THIS AGREEMENT. I UNDERSTAND THAT THIS AGREEMENT IS BINDING ON ME. I SIGN THIS AGREEMENT VOLUNTARILY AND WITH NO RESERVATIONS AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. BY SIGNING THIS AGREEMENT I HAVE AGREED TO RECEIVE EMAIL UPDATES FROM POND HILL FARM UNTIL I CHOOSE TO UNSUBSCRIBE. I HAVE THE AUTHORITY TO SIGN THIS AGREEMENT.