RELEASE, WAIVER OF LIABILITY, COVENANT NOT TO SUE,AND INDEMNIFICATION AGREEMENT
I UNDERSTAND THAT THE FOLLOWING DOCUMENT IS A RELEASE, WAIVER OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT, (“AGREEMENT”) WHICH I AGREE TO CAREFULLY REVIEW IN ITS ENTIRETY AND BE BOUND BY ITS TERMS. I UNDERSTAND THAT I AM ENTERING INTO A BINDING CONTRACT AND AM GIVING UP IMPORTANT LEGAL RIGHTS. I VOLUNTARILY WISH TO ENTER THIS AGREEMENT IN ORDER TO PARTICIPATE IN TREE(HOUSE) (HEREINAFTER “TREEHOUSE EVENT”) AND ENJOY THE ENTERTAINMENT AND RECREATIONAL ACTIVITIES ASSOCIATED THEREWITH.
Acknowledgement of Risks:
The undersigned individual (hereinafter, "User") hereby acknowledges and agrees that participation in the Treehouse Event and use of the grounds and facilities owned by Tiny Piney LLC, Heidi E. Nunnemacher, and Heath A. Nunnemacher—including, but not limited to, the campgrounds, zip lines, treehouse, climbing equipment, concert venue, roadways, trails, bodies of water, parking areas, and restrooms (collectively, the "Grounds and Facilities")—involves inherent risks, including the risk of serious injury or death.
User fully recognizes and appreciates the dangers associated with such activities, and voluntarily assumes all risks, both known and unknown, arising from participation in the Treehouse Event and the use of the Grounds and Facilities. User understands that injuries, accidents, or other losses may occur, and that no amount of preplanning or care can eliminate all hazards inherent in such activities.
User further represents and warrants to Tiny Piney LLC, Heidi E. Nunnemacher, and Heath A. Nunnemacher that they have full knowledge of the nature and extent of these risks and voluntarily choose to engage in activities on the Grounds and Facilities with this understanding.
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2. Releases, Waiver, Indemnification, and Covenant Not to Sue:
User, on behalf of themselves and their heirs, family members, successors, and assigns, voluntarily and in consideration of User’s enjoyment of the Treehouse Event and use of the Grounds and Facilities, hereby fully and forever releases, waives, and discharges Tiny Piney LLC; its owners, members, agents, contractors, and employees; and all other persons or entities affiliated therewith, including Heath A. Nunnemacher and Heidi E. Nunnemacher (collectively, the "Released Parties"), from any and all liability, claims, demands, actions, or causes of action—whether known or unknown—arising out of or in any way connected with User’s attendance at the Treehouse Event or use of the Grounds and Facilities, including but not limited to any and all claims of negligence of the Released Parties, for any personal injury (including death), illness, or property damage sustained by User.
User further agrees to indemnify, defend, and hold harmless the Released Parties from any claims, causes of action, damages, judgments, or expenses (including reasonable attorney’s fees) brought against them as a result of (a) any breach of this Agreement, or (b) any injury, property damage, or loss caused, in whole or in part, by User’s acts or omissions arising from or related to their presence on or use of the Grounds and Facilities.
User also agrees and covenants not to assert or maintain any legal claim against the Released Parties for any injury, illness, death, or property damage arising from or related to participation in any activity at the Treehouse Event or use of the Grounds and Facilities.
User acknowledges and understands that if anyone is injured or dies, or if property is damaged while attending the Treehouse Event or using the Grounds and Facilities, User has voluntarily assumed all risks and will have no right to bring any claim or lawsuit against the Released Parties.
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3. Acknowledgement of Effect of this Release Agreement:
User understands and acknowledges that by signing this document, they are knowingly and voluntarily waiving certain legal rights and potential claims that could otherwise be asserted or maintained against Tiny Piney LLC, Heath A. Nunnemacher, and Heidi E. Nunnemacher; their respective owners, members, agents, contractors, and employees; and all other affiliated persons or entities. This includes, but is not limited to, claims arising from or related to the acts, omissions, fault, or negligence of any of the foregoing parties.
User further acknowledges that by signing and/or initialing this document, they have knowingly, fully, and unconditionally released and waived any claims, demands, or causes of action that may arise from participation in the Treehouse Event or use of the Grounds and Facilities.
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4. Consideration:
In consideration of this Agreement, Tiny Piney LLC, Heath A. Nunnemacher, and Heidi E. Nunnemacher will permit User to participate in the Treehouse Event and use the Grounds and Facilities. The Released Parties reserve the right, in their sole discretion, to deny access to or remove any person from the Grounds and Facilities.
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5. Alcohol and Controlled Substances:
User acknowledges that alcoholic beverages may be served at the Treehouse Event by licensed bartenders. User agrees to consume alcohol responsibly, only if they are 21 years of age or older. User accepts full responsibility for their own alcohol consumption and behavior and agrees that the Released Parties shall not be liable for any injury, damage, or loss resulting from User's intoxication or the intoxication of others.
User further agrees not to possess, use, distribute, or be under the influence of any illegal drugs or controlled substances while attending the Treehouse Event or while on the Grounds and Facilities. User understands that any violation of this policy may result in immediate removal from the event and notification of law enforcement. User assumes all risk of harm related to the use or possession of illegal substances and waives any claims against the Released Parties for injury, death, or damages arising from such conduct.
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ENTIRE AGREEMENT; GOVERNING LAW; SEVERABILITY
THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN THE USER AND TINY PINEY LLC, HEATH A. NUNNEMACHER, AND HEIDI E. NUNNEMACHER REGARDING THE SUBJECT MATTER HEREIN AND MAY NOT BE MODIFIED EXCEPT IN A WRITTEN INSTRUMENT SIGNED BY ALL PARTIES. USER’S INITIALS AND SIGNATURE CONFIRM THAT THEY HAVE READ THIS ENTIRE DOCUMENT, UNDERSTAND ITS CONTENTS, AND AGREE TO BE BOUND BY ITS TERMS.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WISCONSIN. IF ANY PROVISION IS HELD TO BE UNENFORCEABLE, THE REMAINDER OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
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Electronic Signature Consent
By entering their name electronically and/or providing a digital initial in the fields above, User agrees that such action constitutes a legally binding electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Wisconsin Uniform Electronic Transactions Act (UETA). User intends these electronic actions to carry the same force and effect as a handwritten signature and acknowledges that they are entering into a binding legal agreement.
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User’s Name:_____________________________________________________
Signature:
Date:__________________