Faithlife Corporation and Gracewood Manor LLC (collectively “Faithlife”) is pleased to invite you to be a guest at its real property, including without limitation Gracewood Manor in Lynden, WA, and/or the Faithlife retreat center in Mesa, AZ (collectively or individually as the “Property”). As a precondition to being granted access to the Property, Faithlife requires all guests to execute this Release Agreement (the “Agreement”).
In consideration for Faithlife authorizing the undersigned (“Guest”) to access the Property, subject to the terms and conditions below, Guest agrees to the following:
1. Access to Property. Guest agrees that his/her access to and use of the Property is at the discretion of Faithlife, and that Faithlife may terminate or alter the terms of his/her access or use of the Property for any reason and without notice. This Agreement does not dictate the terms of access or use of the Property, and nothing in this Agreement constitutes a promise on the part of Faithlife to provide Guest with access to or use of any Property except on such terms as Faithlife may determine in its sole discretion. Guest is not obligated or required to access or use the Property and does not pay a fee for such use or access. Guest should direct questions on access or use of the Property to Faithlife.
2. Guest’s Representations and Warranties. Guest warrants and represents that he/she:
(i) is at least eighteen (18) years of age or older or, if a minor, will be supervised at all times by someone at least
eighteen (18) years of age or older while present at the Property;
(ii) will follow any and all rules, guidelines, and instruction provided by Faithlife relating
to the Property; and
(iii) will at all times comply with any and all applicable laws, regulations, or other rules
associated with the Property.
3. Assumption of Risk. Guest understands and acknowledges the risks and dangers associated with accessing or using the Property, including without limitation, ponds, pools, recreational facilities, grounds, buildings and improvements and any latent, not readily foreseeable, and presently unknown risks and dangers (“Risks”). Guest understands these Risks may be caused in whole or in part by his/her own actions or inactions, the actions or inactions of others, or the negligent acts or omissions of others or Faithlife and hereby assumes all such Risks and the responsibility for any damages, liabilities, losses, or expenses which he/she may incur as a result of his/her access to or use of the Property.
4. Release. Guest hereby releases, holds harmless, and covenants not to bring a claim of any nature against the following in relation to Guest’s access to or use of the Property: Faithlife and any parent, subsidiary, and affiliated companies; all officers, directors, owners, shareholders, members, agents, employees, and volunteers of Faithlife (individually and collectively, the “Released Parties”). This release encompasses any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, injury, incidental or consequential damages, lost revenue or income, medical expenses, and/or other expense (including court costs and reasonable attorneys’ fees) of any kind or nature which may arise out of, result from, or relate in any way to use, operation of or access to the Property, including, but not limited to, claims for liability caused In whole or in part by the negligent acts or omissions of the Released Parties. Guest understands and agrees that this release is intended to be as broad as allowed by law.
5. Indemnity. As additional consideration, Guest shall defend, hold harmless, and indemnify the Released Parties from and against any liability of a third party, which may arise out of, result from, or relate in any way to his/her use. Operation of or access to the Property, including, but not limited to, claims for liability caused in whole or in part by the negligent acts or omissions of the Released Parties. Such duty shall specifically apply and extend to any liability claimed by or against any minor child of Guest.
6. Miscellaneous. This Agreement: (i) represents the entire understanding of the parties with respect to the subject matter covered; (ii) supersedes all prior and contemporaneous oral understandings with respect to such subject matter; (iii) may only be amended in a writing signed by both parties; (iv) may be executed in two or more counterparts so that each party may retain a fully executed original; (v) binds and inures to the benefit of the parties and their respective successors, permitted assigns, agents and representatives; (vi) shall be governed by the internal laws of the State of Washington without reference to its conflict of laws provisions and venue shall be in Whatcom County, Washington. Any provision of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Agreement, and the remaining provisions shall nevertheless remain in full force and effect. In the event any action or legal proceedings are commenced to enforce any of the terms and conditions hereof, or to terminate this Agreement, the prevailing party shall receive from the other a reasonable sum as attorney’s fees, together with costs.
7. Acknowledgement. Guest acknowledges that he/she would not be permitted to access or use the Property without agreeing to the terms and conditions provided in this Agreement. Guest has read this Agreement carefully, understands its terms and conditions, acknowledges he/she will be giving up substantial legal rights by signing it, acknowledges that he/she has signed this Agreement without any inducement, assurance, or guarantee, and intends by his/her signature to serve as confirmation of his/her complete and unconditional acceptance of the terms, conditions, and provisions of this Agreement, all as consideration for his/her ability to access and use the Property.
