Waiver of Liability

I, as a visitor to and/or short term vacation renter at Ackers Point Resort, acknowledge that I am informed and aware that:

  1. Ackers Point Resort is a lake property, and such properties have many obvious and hidden dangers, both natural and man-made. I understand and acknowledge that being in or near a lake present various risks and hazards, including strong currents, unexpected wave activity, floating debris and other potential hazards. I assume all such risks associated with being near a lake. These risks also include but are not limited to death, severe injury or minor injury to body parts, sunburn, heat exposure, poison ivy, animal and insect bites, campfires, weather-related incidences (flood, tornado, etc.), and water-related activities including drowning, slips, trips, falls, cuts, adverse weather conditions, the acts or omissions of guests, visitors, and other lake users, both unaffiliated and affiliated with Ackers Point Resort during my stay, and the condition of Ackers Point Resort.

  2. I also understand and acknowledge that the use of equipment, including but not limited to recreational equipment (e.g., bikes, swing set, toys) and watercraft (e.g., kayaks, canoes, boats, paddleboards, facilities (e.g., docks, buildings) provided by Ackers Point Resort, LLC, and participation in outdoor activities, involves risks including, but not limited to the following: risk of property damage, bodily injury, including, but not limited to permanent disability, paralysis, drowning, and possibly death. I also understand that any equipment provided for my protection may be inadequate in preventing severe injury. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment or facilities, from the activity itself, from the acts of myself or others, or from the unavailability of emergency medical care.

  3. I am aware that my stay at Ackers Point Resort involves risks that may result in serious bodily injury and or death. I understand that the description of the risks in this Waiver of Liability is not complete and that other risks or events that are known or unknown, anticipated or unanticipated may result in property damage, serious bodily injury and or death.

  4. Ackers Point Resort is a pet-friendly resort.  I understand and acknowledge that Ackers Point Resort is not responsible for any property damage, serious bodily injury or death due to any animal on the grounds.

  5. I acknowledge the contagious nature of the novel coronavirus, COVID-19 and I voluntarily assume the risk that I may be exposed or infected by COVID-19 by visiting Ackers Point Resort. 

  6. In consideration of being permitted to visit, rent and/or stay at Ackers Point Resort, I agree on my own behalf and on behalf of my family, my children and all minors in my care, custody or control, and any guests or visitors, to assume full responsibility for the risks identified herein and those risks not specifically identified. I hereby release from liability and waive any and all claims that I have or may have in the future against Ackers Point Resort LLC and its members, principals, agents, officers, employees, and representatives as well as the landlord/owner of the Ackers Point Resort.

  7. I agree to fully and forever release and discharge, and not to sue Ackers Point Resort LLC and its members, principals, agents, officers, employees, and representatives as well as the owner of the Ackers Point Resort for any injuries or damages, including property damage that may result from arise out of or be related in any way to my rental and stay. If any portion of this Waiver of Liability shall be declared unenforceable for any reason, the unenforceable portion shall be considered severed from the Waiver of Liability and the remainder of the Waiver of Liability shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.

  8. By signing this waiver below, I assume all risk, and take full responsibility and waive any claims of personal injury, death or damage to personal property associated with activities and events during or related to the stay at Ackers Point Resort.

 

I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE DOCUMENT AND THAT I UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THEM. I UNDERSTAND THAT THE EFFECT OF THIS DOCUMENT IS THAT I AM RELEASING LIABILITY AND WAIVING MY RIGHT TO SUE RELEASEES AND I AM ASSUMING RISK FOR MATTERS RESULTING FROM, ARISING OUT OF OR RELATING IN ANY WAY TO MY RENTAL AND STAY AT THE PROPERTY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH AND PROPERTY DAMAGE. I ACKNOWLEDGE THAT THIS DOCUMENT APPLIES EVEN IF RELEASEES MAY BE NEGLIGENT IN WHOLE OR PART. I UNDERSTAND THAT THIS DOCUMENT APPLIES TO AND SHALL BE EFFECTIVE AND BINDING UPON ME, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVE, ESTATE, AND ALL MEMBERS OF MY FAMILY, MINORS, AND OTHERS IN MY CARE, CUSTODY OR CONTROL.