Earthship Visitor Center
RELEASE AND WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. In consideration for receiving permission to tour the Earthship Visitor Center, I hereby release, waive, discharge and covenant not to sue Earthship Visitor Center LLC, a New Mexico limited liability company (“Earthship Visitor Center”), its clients, officers, servants, agents, employees, contractors, volunteers, representatives, successors and assigns (hereinafter referred to as “releasees”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the releasees, or otherwise, while touring the Earthship Visitor Center, or while in, on or upon the premises where the tour is being conducted, while in transit to or from the premises, or in any place or places connected with Earthship Visitor Center or its tour.
2. I am fully aware of risks and hazards connected with being on the premises and touring the Earthship Visitor Center, and I am fully aware that there may be risks and hazards unknown to me connected with being on the premises and touring the Earthship Visitor Center, and I hereby elect to voluntarily participate in the tour, to enter upon the above named premises and engage in activities knowing that conditions may be hazardous, or may become hazardous or dangerous to me and my property. I voluntarily assume
full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of my participating in the Earthship Visitor Center, whether caused by the negligence of releasees or otherwise.
3. I further hereby agree to indemnify and save and hold harmless the releasees and each of them, from any loss, liability, damage or costs, including attorney fees, they may incur due to my participation in the Earthship Visitor Center, whether caused by the negligence of any or all of the releasees, or otherwise.
4. I further hereby agree to be held liable for any and all costs associated with any damage to the Earthship Biotecture Visitor Center that occur as a result of my willful actions, negligence or recklessness.
5. In the event that any term, condition, phrase or provision of this Release shall be deemed to be invalid, unlawful or otherwise unenforceable, the remainder of this Release shall remain in full force and effect.
- This Release shall be governed by the laws of the State of New Mexico.
- It is my express intent that this Release shall bind me, the members of my family and spouse, my heirs, assigns and personal
representatives, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named releasees.
In signing this Release, I acknowledge and represent that:
A. I have read the foregoing release, understand it, and sign it voluntarily as my own free act and deed;
B. No oral representation, statements or inducements, apart from the foregoing written agreement, have been made; C. I am at least eighteen (18) years of age and fully competent; and
D. I execute this Release for full, adequate and complete consideration fully intending to be bound by same.