Terms & Conditions
ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
This Agreement affects your legal rights, including your right to sue.
Please read it carefully before agreeing.
In consideration of, and as partial payment for, lodging at Cliff River Springs (CRS), I agree, on behalf of myself and my heirs, assigns, and any other person claiming by, under or through me, as follows:
1. Assumption of Inherent Risks
I understand that CRS is located in a rural, outdoor environment and that staying at CRS, traveling to and from CRS, and participating in outdoor and recreational activities in connection with my stay involve inherent risks and dangers. These may include, by way of example only, uneven or rugged terrain; loose gravel, rocks and slopes; water features (including ponds, streams or ditches); wildlife and insects; weather changes; limited lighting; and the remoteness of the location and limited access to medical or emergency services.
I acknowledge that these and other risks can result in injuries, illness, death, and damage to or loss of property. I understand that some of these risks are not within the control of CRS or any other Released Party (defined below), and that no one can list every possible risk. I freely and voluntarily accept and assume all inherent risks of injury, death, or property damage arising out of or related in any way to my travel to or from CRS, my stay at CRS, my presence on or use of the CRS property and facilities, and my participation in activities provided, organized, facilitated, recommended, or permitted by CRS in connection with my stay.
2. Release of Liability
To the fullest extent permitted by applicable law, I hereby waive, release, and forever discharge Cliff River Springs, LLC, Palovista Company, Pearl Hesselden, Sage Lilly, and each of their respective officers, directors, partners, shareholders, members, managers, associates, employees, agents, representatives, attorneys, contractors, subcontractors, successors, assigns, trustees and affiliates (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses of any kind or nature (collectively, “Claims”) that I now have or may in the future have that arise out of or relate in any way to:
• my travel to or from CRS in connection with my stay;
• my stay at CRS;
• my presence on, use of, or activities on the CRS property and facilities; and
• my participation in or attendance at any activities provided, organized, facilitated, recommended, or permitted by CRS in connection with my stay, including claims that are alleged to have been caused in whole or in part by the ordinary negligence of one or more of the Released Parties.
Nothing in this Agreement is intended to, or shall, release or waive any Claim to the extent such release or waiver is prohibited by applicable law, including but not limited to Claims based on the gross negligence, reckless conduct, or intentional misconduct of any Released Party, or any nonwaivable statutory duty imposed on any Released Party.
3. Indemnity and Hold Harmless
To the fullest extent permitted by applicable law, I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all Claims, and any related losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees), that are asserted by any person or entity and that arise out of or relate in any way to:
• my travel to or from CRS in connection with my stay;
• my stay at CRS;
• my presence on, use of, or activities on the CRS property and facilities;
• my participation in or attendance at any activities provided, organized, facilitated, recommended, or permitted by CRS in connection with my stay; or
• the acts or omissions of any minors or other persons for whom I make a reservation or who accompany me as my guests or invitees, including Claims alleged to have been caused in whole or in part by the ordinary negligence of one or more of the Released Parties.
This indemnity does not apply to the extent such indemnity is prohibited by applicable law, including with respect to Claims based on the gross negligence, reckless conduct, or intentional misconduct of any Released Party, or any nonwaivable statutory duty imposed on any Released Party.
4. Additional Provisions
I agree that:
• This Agreement is intended to be as broad and inclusive as permitted by the laws of the State of New Mexico, which shall govern the interpretation and enforcement of this Agreement, without regard to its conflictsoflaw rules.
• If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
• This Agreement is part of, and is incorporated into, my lodging agreement with CRS, and it constitutes the entire understanding between me and the Released Parties with respect to the subject matter covered by this Agreement, superseding any prior or contemporaneous understandings or representations, whether oral or written, relating to such subject matter.
5. Acknowledgment
I acknowledge that I have had the opportunity to read this entire Agreement, ask questions about it, and consult with an advisor of my choosing before agreeing. I understand that by agreeing electronically or in writing, I am giving up substantial legal rights, including the right to bring a lawsuit in certain circumstances, and I do so freely and voluntarily.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT.