Cabin Rental Waiver
THIS RELEASE AND WAIVER OF LIABILITY (this “Release”) is made freely, knowingly, voluntarily and without duress on behalf of such individual and each of such individual’s spouse, children, parents, guardians, heirs, next of kin, invitees, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf the “Releasor”), to, and for the benefit of, the ALUMNI ASSOCIATION OF THE UNIVERSITY OF MICHIGAN, a Michigan non-profit corporation having its principal office at 200 Fletcher Street, Ann Arbor, Michigan 48109 (together with its affiliates, associates and subsidiaries, jointly and severally, the “Association”), and the other Released Persons (as defined below).
In consideration of (i) if Releasor is a guest at the Camp in facilities owned by the Association and located within the boundaries of the land owned by the Association generally located at 3006 Camp Sherwood Rd, Boyne City, MI 49712 and commonly referred to as Camp Michigania (the “Camp”), Releasor being allowed to reside in such facilities, Releasor being granted permission to enter the Camp, and in each case, the Association allowing Releasor to utilize Facilities (as hereinafter defined) at the Camp and engage in Camp Activities (as hereinafter defined), and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), Releasor (on behalf of Releasor and each of Releasor’s heirs, executors, administrators, legal representatives, next of kin, successors, and permitted assigns (“Successors”), jointly and severally)) covenants and agrees as follows:
PERMISSION. Subject to the continuing validity of this Release, the Association hereby grants Releasor permission to utilize the Facilities and engage in Camp Activities on the premises of the Camp. For purposed hereof “Facilities” means and includes all of the leisure and activity equipment and facilities available at the Camp including, without limitation, playgrounds and playground equipment, tennis/pickleball/bocce courts, baseball field, beaches, walking / hiking trails, and any equipment Releasor brings that is utilized on Camp, together with any and all other similar equipment and facilities at the Camp. “Camp Activities” means any and all activities of any type or sort that take place at or on the grounds of the Camp (including those on the beach or within the waters of Walloon Lake) without regard of whether such activity utilizes one or more Facilities.
ASSUMPTION OF RISK. RELEASOR, ON BEHALF OF RELEASOR AND EACH OF RELEASOR’S SUCCESSORS, UNDERSTANDS AND CONFIRMS ALL OF THE FOLLOWING: (i) that Camp Activities are inherently dangerous and entail substantial risk (including the risk of death or permanent injury) and will be strenuous; (ii) that Releasor is physically and mentally fit, is sufficiently prepared to participate in Camp Activities, and is not subject to any health issues or conditions that would preclude Releasor from participating in any Camp Activities; (iii) that an inherent risk of COVID-19 and other diseases and viruses exists in any public place where people are present; (iv) that COVID-19 is an extremely contagious disease that can lead to severe illness and death and the Releasor’s participation in Camp Activities could result in Releasor or its Successors contracting COVID-19, suffering respiratory failure and/or death, and transmitting COVID-19 to family or household members and others who may also suffer such effects; (v) that, according to the Centers for Disease Control and Prevention, older persons, persons who are immunocompromised, and persons with underlying medical conditions (such as chronic lung disease, moderate to severe asthma, heart conditions, conditions that can cause a person to be immunocompromised (including cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, and prolonged use of corticosteroids and other immune weakening medications), obesity, diabetes, chronic kidney disease and liver disease) are especially vulnerable; and (vi) the Camp and the Facilities are open only to those that have made and been approved for a reservation. Releasor’s, or any of Releasor’s Successors, by the use of Facilities or engaging in Camp Activities, understands, acknowledges and agrees that the Camp and Facilities, and each of them, are made available to Releasor AS IS and WHERE IS and the Association and each Released Person disclaims any knowledge of the state of the Camp and the Facilities and Releasor, on behalf of Releasor and each of Releasor’s Successors, knowingly and voluntarily assumes all risk of use of the Camp and Facilities. By utilizing Facilities and/or participating in any Camp Activities, Releasor, on behalf of Releasor individually and each of Releasor’s Successors, jointly and severally, knowingly, voluntarily, irrevocably, absolutely and unconditionally assume all risks and Losses (as defined below) now or hereafter related to, or arising from, any and all use of Facilities or participation in Camp Activities (including all risks and Losses for personal injury, illness, disease and viruses (including secondary transmissions, COVID-19 and exposure to COVID-19), death and/or property damage).
WAIVER AND RELEASE. Releasor, on behalf of Releasor and each of Releasor’s Successors, jointly and severally, does hereby knowingly, voluntarily, irrevocably, absolutely and unconditionally release and forever discharge, and agree to hold harmless and indemnify, the Association and its respective directors, officers, employees, agents, volunteers, donors, chartered organizations, chartered organization representatives, and the successors and assigns of all of the foregoing (jointly and severally, the “Released Persons”) from, and covenants not to sue any Released Persons for, any and all liabilities, claims, demands, costs, losses, obligations, causes of action, damages, deficiencies, expenses (including, without limitation, costs of investigation and defense and reasonable attorneys’ fees and expenses), fines, penalties, judgments, awards and assessments of any kind (whether arising from tort, contract or otherwise and whether caused wholly or in part by the ordinary negligence, fault or other misconduct of any of the Released Persons or their respective directors, officers, employees, agents, volunteers, donors, chartered organizations, chartered organization representatives, and the successors and assigns) (“Losses”), which Releasor or any Successors may now or hereafter suffer or experience, whether in whole or in part, arising out of, in connection with or as a result of (i) any use of the Camp or Facilities, or any one or more of them, (ii) engaging on any Camp Activities and (ii) any first aid or medical or health treatment or service required or provided in connection with any or the foregoing or otherwise.
INSURANCE. Releasor shall take reasonable care to provide for the health and safety of Releasor and others in connection with any use of Facilities or Camp Activities. Releasor, on behalf of Releasor and each of its Successors, jointly and severally, understand and agree: (i) that the Released Persons expressly disclaim responsibility for providing, and are under no obligation to provide, any health, medical, disability, travel or other insurance (“Insurance”) for the benefit of Releasor or any other person; (ii) that Releasor is expected to, and has and will, maintain in effect appropriate and sufficient Insurance that covers Releasor and each of Releasor’s Successors’ use of Facilities and participation in Camp Activities and such Insurance is Releasor’s primary insurance coverage and will be the insurance of first resort before contribution by any other insurance for any other person, including accidental death and dismemberment insurance and accident medical insurance; and (iii) Releasor is, and shall remain responsible for, payment of such hospital, physician, ambulance, dental, medical or other services as are obtained for Releasor or any of Releasor’s Successors.
COMPLIANCE. In connection with Releasor’s use of Facilities and participation in any Camp Activities, Releasor shall comply with all applicable laws, rules, regulations and executive orders (“Applicable Law”) and all policies, rules, regulations, orders, operations manuals and other applicable literature, and requests of the Association and its agents and representatives (collectively, “Policies”).
ASSIGNMENT AND SUCCESSORS. This Release will apply to, be binding in all respects upon, and inure to the benefit of the heirs, executors, administrators, legal representatives, successors, and permitted assigns of Releasor and each of Releasor’s Successors, jointly and severally. Each and all of the Released Persons are hereby designated and identified as named third-party beneficiaries of this Release with the right to enforce this Release.
GOVERNING LAW. This Agreement shall be deemed to have been made and shall be governed by and construed and interpreted in accordance with the laws of the State of Michigan without regard to such jurisdiction’s principles of conflicts of law. Releasor, Successors, Association and the Released Persons submit to personal jurisdiction in the State of Michigan for the enforcement of the provisions of this Agreement and waive any and all rights to object to such jurisdiction for purposes of enforcing this Agreement. Releasor, on behalf of Releasor and each of its Successors, jointly and severally, knowingly, voluntarily and irrevocably acknowledges and agrees that this Release is intended to be as broad and inclusive as is permitted under the laws of the State of Michigan and other Applicable Law.
NO REVOCATION; SEVERABILITY. Releasor, on behalf of Releasor and each of its Successors, jointly and severally, hereby unconditionally and irrevocably waives any right to revoke this Release or any part or portion hereof and acknowledges that this Release is continuing in nature and irrevocable and applies to all presently existing and future obligations arising under this Release. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction.
FACSIMILE. A manual signature on this Release, an image of which shall have been transmitted electronically, will constitute an original signature for all purposes. The delivery of copies of this Release, including an executed signature page, by electronic transmission will constitute effective delivery of this Release for all purposes.
WAIVER OF JURY TRIAL. Releasor, on behalf of Releasor and each of its Successors, jointly and severally, KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS RELEASE OR ANY USE OF FACILITIES OR CAMP ACTIVITIES, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE AND ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL FACTOR IN THE ASSOCIATION’S DECISION TO ALLOW THE RELEASOR TO USE THE CAMP AND FACILITIES AND ENGAGE IN CAMP ACTIVES ON THE GROUND OF THE CAMP AND UTILIZING THE FACILITIES.
RELEASOR, ON BEHALF OF RELEASOR AND EACH OF ITS SUCCESSORS, JOINTLY AND SEVERALLY, UNDERSTAND (I) THAT THIS AGREEMENT RELEASES AND DISCHARGES THE ASSOCIATION AND THE OTHER RELEASED PERSONS FROM ANY LIABILITY OR CLAIM THAT RELEASOR OR ANY SUCH SUCCESSOR MAY HAVE AGAINST ANY RELEASED PERSON WITH RESPECT TO ANY PERSONAL INJURY, ILLNESS, DISEASE, VIRUS, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM US OF FACILITIES OR PARTICIPATION IN CAMP ACTIVITIES BY RELEASOR OR ANY SUCH SUCCESSOR, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE ASSOCIATION OR ANY OTHER RELEASED PERSON OR OTHERWISE, AND (II) THAT THE ASSOCIATION AND THE OTHER RELEASED PERSONS DO NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE (INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE) IN THE EVENT OF PERSONAL INJURY, ILLNESS, DISEASE, VIRUSES, DEATH OR PROPERTY DAMAGE.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I FURTHER ACKNOWLEDGE THAT I AM FREELY AND VOLUNTARILY SIGNING THIS RELEASE AND WAIVER OF LIABILITY, USING THE CAMP AND ITS FACILITIES AND PARTICIPATING IN CAMP ACTIVITIES, AND INTEND MY SIGNATURE BELOW TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY DUE TO ORDINARY NEGLIGENCE OF THE ASSOCIATION (AND EACH OF THE OTHER RELEASED PERSONS) OR THE INHERENT RISKS OF ANY AND ALL ACTIVITIES I MAY ENGAGE IN AT THE CAMP, INCLUDING WITHOUT LIMITATION USE OF THE FACILITIES AND PARTICIPATION IN CAMP ACTIVITIES, TO THE GREATEST EXTENT ALLOWED BY LAW IN THE STATE OF MICHIGAN.
IN WITNESS WHEREOF, this Release has been executed by Releasor as of the date first written above intending to be bound.