Waiver

ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

THE CAMPER’S DELIGHT, LLC.

1.     THE CAMPER’S DELIGHT, LLC. (Referred to herein as “TCD”) strives to do everything possible to ensure the safety of its customers. In consideration for TCD’s services, I, on behalf of myself, and my minor child (if applicable), and my heirs and/or representatives (“Releasor”), voluntarily enter into this ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT (“Agreement”). I hereby covenant not to sue and voluntarily agree to waive, release, indemnify, and hold harmless TCD and its officers, directors, agents, employees, volunteers, contractors, and/or representatives (“Releasees”), from any and all liability, causes of action, or claims for any injuries (including serious injuries and death) or damages as a result of the services provided by TCD (setting up and breaking down a Camping Site, directly or through any of the Releasees, (hereinafter “Services”), whether caused by the ordinary negligence of TCD or the Releasees. I understand that this Agreement does not waive any claims resulting from gross negligence, or willful, reckless or wanton misconduct by TCD. I also understand that TCD is not responsible for the acts of third parties under this Agreement.

2.     The Camping Site is the place where TCD services will be provided. TCD will set up the tents and the amenities included in the Camping Package selected by me, before my arrival at the Camping Site. The Camping Package is the set or combination of Tent(s) and amenities included in the option I chose. I understand that I will be present at the Camping Site within the time frame agreed with TCD, to receive the Camping Package installed and ready to use, do a general inspection of the site and receive general instructions (referred to herein as “Check-in”). I understand that TCD personnel will be waiting at the Camping Site for Check-in at the agreed time and place. During the Check-in TCD will deliver the Camping Package at the Camping Site and go through a general review with me of the equipment and the amenities included in the Camping Package. In the event that anything is not functioning properly during the check-in, TCD will replace it immediately. TCD will contact me at the phone provided when requesting the service, in the event I am not present at the Camping Site at the time and place agreed. If I am not present at the Camping Site within the time frame agreed to with TCD, TCD reserves the right to charge a no-show fee of  $50. TCD´s personnel will wait for additional 15 minutes, after which it will break down the Camping Package and leave. In such events, there will not be a reimbursement, in addition to the no show fee charge. 

3.     TCD´s personnel will arrive at the Camping Site at the date and time agreed to pick up and store the amenities and break down the tents (referred to herein as “Check-out”). I understand that I shall be present at the Camping Site within the time frame agreed to with TCD, to return the Camping Package, and have my personal items and belongings removed before TCD´s personnel arrival. TCD will go through a general review with me of the equipment and the amenities included in the Camping Package.

4.     I have voluntarily elected to employ TCD services, at a Camping Site I chose, knowing that the conditions surrounding the camping activity may be hazardous or may become hazardous to me and/or my minor child and/or my property. I understand that TCD provided guidance of appropriate places at which to provide the Services, but that I decide where I will camp (“Camping Site”). If I choose to camp at a site that is not recommended by TCD, I declare that it will be a place where I am authorized to camp, and that I have investigated the necessity of, and obtained any permits required to do so, and have informed TCD of that location, and have provided them with a copy of that permit. TCD will not render services in places that are not safe for camping or where TCD´s equipment does not fit, at TCD´s discretion.

5.     I voluntarily assume full responsibility for any risks of property loss or damage, or personal injury, including serious injuries or death, that may be sustained by me (or my minor child), as a result of my (or my minor child’s) participation in any camping activity at the Camping Site, whether caused by negligence of TCD or otherwise.

6.     In the event that the weather conditions are not safe for camping, including but not limited to hurricanes, storms, flooding, or fire or fire risk, extreme heat or extreme cold, TCD shall provide the service at its discretion, or rescheduled to a later date we agree to. If it is not possible to reschedule, TCD will reimburse the amounts paid by the client, according to TCD´s reimbursement policy available at TCD´s Website.

7.     It is my responsibility to monitor the weather conditions while camping. If the weather conditions change during the camping activity, and it is reasonable to assume that the weather conditions will deteriorate to the extent that it will become dangerous to stay at the Camping Site, I will inform TCD immediately to initiate the Check-out procedure referred to in Section 3, barring an immediate risk to my health and safety.

8.      I declare that TCD has provided the Information needed to operate the Camping Site (“Information”) that are included in the Services, in accordance to the Camping Package I choose. It is my responsibility to become familiar with the instructions contained in the Information before operating any of the equipment.

9.     I understand and accept that TCD’s services only include providing Camping Package and setting up and breaking down the Camping Package at the Camping Site and that TCD does not provide, nor endorse anyone providing, activities on site, either directly or through third parties, such as trekking, hiking, rock climbing, and sports of any kind, fishing or hunting. In the event I engage in these activities, either by myself or by employing the services of a third party, I understand and accept TCD does not organize nor have control over those activities or the conditions surrounding them.  I understand that it is my responsibility to consult with my physician prior to participating in any camping activity. I also understand that I am responsible for securing medical and non-medical care, should I require it during my camping experience. In the event that I become incapacitated during these activities, if warranted I will make TCD´s personnel aware of the situation. I also agree to indemnify and hold harmless TCD from any and all costs associated with my emergency care and transportation.

10.   My signature in the Check-in form signifies that I have found the Camping Package to be safe, functioning and acceptable to me. I understand that in the event that part or all of the TCD equipment is damaged while I am using it, I will inform TCD personnel so it may be replaced as soon as possible, subject to section 2 of this agreement. I accept full and sole responsibility for the condition and adequacy of my personal equipment and its use, including but in no way limited to fire logs, gas canisters, mattresses, tents, coal, food, snacks, drinks or cutlery.

11.  I understand that TCD cares for nature and the wellbeing of the ecosystem in which it provides the Service. Supplemental to managed campground facilities fire, safety, and best practice policy and procedures, TCD can provide general recommendations related to kindling a campfire and on litter management information. I acknowledge that in the event I decide to kindle a campfire, I am fully aware of the limitations and regulations in place at the Camping Site, the safety measures that should be taken during the kindling, the type of fire sources (e.g. coal, wood and fire logs) that may be used and keeping of and properly extinguishing the fire. I certify that I will never leave a campfire unattended. I will not litter at the campsite. I will not smoke inside the tent. I will not use flame-based sources (e.g. candles, propane heaters, wood stoves and etc.) inside the tent.

12.  I will fully indemnify TCD in the event any of the equipment and amenities of the Camping Package are damaged, destroyed or in any way harmed by me, my group or my minor child, other than normal wear and tear. TCD reserves the right to charge guests the cost of rectifying damage, or replacement, caused by the deliberate, negligent or reckless act of the customer to TCD. Should this damage come to light after the Check-out, TCD reserves the right to make a charge to the guest’s credit/debit card for this purpose.

13.  I authorize TCD and the Releasees to take photographs or videos (“Media”) of the camping site and of me, during the use of TCD’s services, property and amenities, and understand that any such Media will become the sole property of TCD. I further authorize TCD and the Releasees to use and/or profit from such Media for any legitimate business or commercial purpose, including but not limited to promotional, advertising, or marketing activities. I may request TCD not produce Media of the Camping Site, the Camping Package and of me, by sending an email to thecampersdelight@gmail.com before the date TCD sets up the camping site.

14.  This Agreement shall be governed by the laws of the State of North Carolina.  I understand and agree that TCD will be entitled to recover attorneys’ fees and costs incurred defending against an action barred by this Agreement.

15.  This Agreement, the Check-in and Check-out lists and Camping Package are the entire agreement between the parties, and shall supersede any and all prior agreements. If any provision of this Agreement is found to be illegal or invalid, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

BY SIGNING BELOW, I CERTIFY THAT I HAVE CAREFULLY REVIEWED THIS AGREEMENT AND VOLUNTARILY AGREE TO ITS TERMS. I UNDERSTAND THAT ALL FEES AND COSTS FOR ANY TCD SERVICE OR ACTIVITY ARE NON-REFUNDABLE.

Signature of Guest / Guardian

Print Name   

Date

Name(s) of Minor Accompanying Guest/Guardian:

(1)  _____________________

(2) ______________________

(3)  ______________________

Emergency Contact:

Name:____________________  Phone:  ________________  Relationship: _________________