agree for myself and (if applicable) for the members of my family & friends (both adults and minors), to the following:
1. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Tranquility Trails, or the employees, representatives, or agents of Tranquility Trails.
2. I recognize that there are certain inherent risks associated with the above described activities and I assume full responsibility for personal injury to myself and (if applicable) my family members and friends, and further release and discharge Tranquility Trails for injury, loss or damage arising out of my or my family’s or friends use of or presence upon the facilities of Tranquility Trails, whether caused by the fault of myself or my family or friends,Tranquility Trails or other third parties. I have carefully inspected the premises and find it fit and safe for the intended use.
3. I agree to indemnify and defend Tranquility Trails, Lisa Bileti, and Marilyn L. Hellesvig from and against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way result from my or my family’s or friends use of or presence upon the facilities of Tranquility Trails.
4. I agree to pay for all damages to the facilities of Tranquility Trails caused by me or my family’s or friends negligent, recklessness or willful actions.
5. Any legal or equitable claim that may arise from participation in the above shall be resolved under New York law.
6. 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 Tranquility Trails has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. This Agreement and each of its terms is the product of an arms’ 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. 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 the 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.
