Liability Waiver Agreement
By making a reservation with Cold Spring Lodge, all guests (referred herein as "Guest") knowingly and willingly enter into this Agreement and become a party bound by the terms and conditions of this release of liability and indemnification by and between ANDY WALL CONSULTING dba COLD SPRING LODGE (Property Owner, referred herein as “CSL”) in connection with Guest’s occupancy at Cold Spring Lodge (the “Property”). All guests understand the terms, provisions, and conditions of this Agreement and its warnings, and agree to be bound by its terms, provisions, and conditions, binding on Guest, their heirs, successors, and assigns.
Comprehensive release-- Guest agrees to release CSL and their affiliates, officers, directors, owners, employees, servants, agents, and representatives (collectively “the Released Parties”) to the maximum extent allowable by law, from and against any and all liability for any bodily injury, property damage or other damage or every kind to me, including any and all losses, damages, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses), caused by or resulting from, in whole or in part, the Released Parties.
Assumption of Risk--Guest does hereby personally assume all risks, whether foreseen or unforeseen, in connection with its entrance onto or use of the Property, for any harm, injury, including paralysis or death, that may befall Guest or Guest's property while on the Property, including condition of the Property, known or unknown hazards of the property, the risk of negligence of any party or participant, including the Released Parties.
Hold Harmless and Indemnity--Guest hereby agree to PROTECT, HOLD HARMLESS AND INDEMNIFY the Released Parties for any and all damages and costs they incur, including attorney fees and costs, from any claims, suits, or actions brought or threatened against any of the Released Parties by anyone claiming to have been injured as a result of any injury or death, to Guest or Guest's property arising out of their entrance onto or use of the Property.
By agreeing to this Agreement, it is Guest's intent to release, waive, and indemnify the Released Parties from liability connected with Guest's entrance onto and use of the Property, and to personally assume all risk of injury, death, or property damage. If any part of this Agreement is held unenforceable, such part shall be stricken and the remainder of this Agreement shall continue to be in full force and effect.
Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of New York and any action arising out of this agreement shall be litigated in the county of Ulster, State of New York.