Romney Place Release of Liability Form
Please read carefully; this affects your legal rights
Whilst visiting Romney Place, I may be involved in some of the following activities:
Walking, hiking or playing on uneven terrain, over logs and sticks, or other possible obstructions
Walking or wading in or near irrigation canals and ponds
Riding in a helicopter or hot air balloon
Surrounding a bonfire, creating a campfire or cooking fire, chopping or sawing wood, gathering wood, tree pruning
Riding in a wagon, riding a wagon train, driving a tractor or other motorized vehicle
Walking through or exploring a grass maze and labyrinths
Playing disc golf, running, jumping, climbing trees, bird watching
Weather events or any act of God or Nature, thunderstorms, lightning, etc.
Or any other activities organized or hosted by Benjamin and/or Kaye Romney, of 4328 N 740 W, Rexburg, Idaho, 83440 and/or
use of the property, facilities and services of Benjamin and/or Kaye Romney, I, _______________________________________,
of _________________________________, agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree
to follow any oral instructions or directions given by Benjamin and/or Kaye Romney, or the employees, representatives or agents of Benjamin and/or Kaye Romney.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above
described or implied activities and I assume full responsibility for personal injury to myself and (if applicable) my family
members, and further release and discharge Benjamin and/or Kaye Romney for injury, loss or damage arising out of my or my
family's use of or presence upon the facilities of Benjamin and/or Kaye Romney, whether caused by the fault of myself, my
family, Benjamin and/or Kaye Romney or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Benjamin and/or Kaye Romney against all claims, causes of action,
damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Benjamin and/or Kaye Romney.
4. FEES. I agree to pay for all damages to the facilities of Benjamin and/or Kaye Romney caused by any negligent, reckless, or
willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under
Idaho law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been
given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Benjamin and/or Kaye Romney has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation
between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as
applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this
Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. EMERGENCY CONTACT. In case of an emergency, please call ______________________ (Relationship:
_________________) at _________________ (Day), or _________________ (Evening).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS
RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Signed: _______________________________________________________________ Date: ________________________