ASSUMPTION OF RISK, RELEASE OF LIABILITY &

INDEMNIFICATION AGREEMENT

BE SURE TO READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.  THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.

1. Definitions.  The person who is renting camping or outdoor equipment from Camping Ala Carte, LLC, shall be referred to hereinafter as “Renter.” The “Undersigned” means only the Renter when the Participant is age 18 or older, OR it means both the Renter and the

Renter’s parent or legal guardian when the Renter is under the age of 18.  “Released Parties” means: Camping Ala Carte, LLC (“Ala Carte”), its members, officers, directors, employees, agents, representatives, and insurance companies.  The “Activity” means taking part in camping, hiking, backpacking, or any other form of outdoor activity using equipment rented from Ala Carte.

2. Acknowledgement of Inherent Risks of Activity.  The Undersigned agrees/agree, acknowledges/acknowledge, and understands/understand that the Activity is inherently dangerous.  I/we acknowledge, agree, and understand the risk of injury involved in the Activity is significant, including the potential for permanent disability or death.   The risks and dangers of the Activity include, but are not limited to, negligence of Renter, weather conditions, hypothermia, trail conditions, venomous snakes, falling trees, hidden hazards, manmade and natural objects, exposure to the elements, slips and falls, equipment failure and/or defects, user error, mental distress from exposure to injury to others, and the negligence of others.  THE UNDERSIGNED ACKNOWLEDGE(S) AND UNDERSTAND(S) THE DESCRIPTION RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATION IN THE ACTIVITY IS DANGEROUS AND MAY INCLUDE OTHER RISKS.  RENTER FURTHER AGREE(S) THAT PRIOR TO PARTICIPATING IN THE ACTIVITY, RENTER WILL INSPECT THE EQUIPMENT

TO BE RENTED, INCLUDING RENTER’S OWN EQUIPMENT, AND IF RENTER BELIEVES ANYTHING IS DAMAGED OR UNSAFE WILL IMMEDIATELY, IN WRITING, ADVISE ALA CARTE OF SUCH DAMAGE OR CONDITION.

3. Assumption of the Risk, Release of Liability, and Indemnification.   

a) Express Assumption of the Risk

I/WE KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS ASSOCIATED WITH THE ACTIVITY, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, AND ASSUME ALL RESPONSIBILITY FOR MY, OR MY CHILD/WARD’S, PARTICIPATION IN THE ACTIVITY.

b) Release

I, for myself or on behalf of my child or ward, including heirs, HEREBY IRREVEOCABLY AND UNCONDITIONALLY RELEASE AND HOLD HARMLESS THE RELEASED PARTIES, AND FURTHER AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES, WITH RESPECT TO ANY AND ALL CLAIMS OR CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, EXCEPT THAT WHICH IS THE RESULT OF THE GROSS NEGLIGENCE AND/OR WANTON MISCONDUCT OF THE RELEASED PARTIES.

c)Indemnification

The Undersigned agree(s) to indemnify, defend, and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Renter’s participation in the Activity.  Such indemnification obligation shall survive the period of Renter’s use of Ala Carte’s equipment in the Activity.

4. Minor Acknowledgment.  In the case of a minor Renter, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor Renter, and the minor shall be bound by the terms of this Agreement.  By signing this Agreement as the parent or legal guardian of a minor Renter, I understand that I am also waiving rights on behalf of the minor that the minor otherwise may have.  The undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be allowed to use Ala Carte’s equipment.  By signing this Agreement without a parent or legal guardian’s signature, Renter represents he/she is at least 18 years of age.  If signing as the parent or legal guardian of a minor Participant, I/we represent I/we am/are the legal parent(s) or guardian(s) of the minor Participant.

5. Unlawful or Prohibited Activities.  Renter shall not engage in any activities prohibited by any applicable laws, statutes, regulations, or ordinances.  Renter shall also abide by all rules or policies of the Released Parties.

6. Governing Law, Venue, and Waiver of Right to Trial by Jury.  This Agreement shall be governed by the laws of the State of South Carolina, and the exclusive jurisdiction and venue for any claim arising out this Agreement shall be the state courts located in Oconee County, South Carolina and Undersigned expressly agree(s) and consent(s) to jurisdiction in said courts.  Renter also hereby irrevocably waives the right to trial by jury.

7. Entire Agreement.  This Agreement constitutes the entire agreement between the parties hereto, and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof.  The Undersigned understand(s) that this Agreement is a contract and shall be binding to the fullest extent permitted by law.  If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be enforceable between the parties.

8. Binding Upon Successors, Heir, and Assigns.  It is agreed and understood by the Undersigned that this Agreement shall be binding upon the assignees, subrogors, heirs, next of kin, executors, agents, and personal representatives of the Undersigned.

I/WE HAVE READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT, FULLY UNDERSTANDING THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.