PARTICIPANT RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individuals named below (referred to as “I” or “me”) desires to participate in the leisure activity (the “Activity”) provided by Raystown Leisure Boating, L.L.C., a Pennsylvania Limited Liability Company, located at 334 Laurel Drive, York PA, 17406 (the “Company”). In consideration of being permitted by the Company to participate in the Activity and the intangible value that I will gain by participating in the Activity, and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”). I am aware and understand that the Activity involves physical interaction by me with experiences that can involve such things as water, motorized boats, floatation devices, other boat traffic, airborne items, moving equipment, wind, rain, lightning, storms, waves, water, conditions that can be known, unknown, predictable or unpredictable, any other event, item, or circumstance known or unknown, and other weather elements known and unknown, either alone or in combination.  This is not a complete list of potential risks.  Raystown Leisure Boating, LLC has the sole discretion on trip duration, the ability to shorten trips, the ability to extend trips, and immediately cancel or suspend trips due to weather or unsafe, unruly, disrespectful, disruptive, unsafe actions, or other behavior that negatively affects the trip.  

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES, PHYSICAL OR MENTAL, THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY OR ITS AFFILIATES, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. 

My participation in the Activity is completely voluntary and my decision to engage in the Activity is knowingly and intelligently made. I made the decision without duress. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, manager(s), employees, attorneys, agents, affiliates, members, successors, and assigns, and the officers, directors, officials, employees, attorneys and agents of the Company’s affiliates (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.  The term “affiliates” means Raystown Leisure Boating, LLC, Employee Identification Number 99-2061684 and any other entity created by any of these entities. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including fees, attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, awarded against the Company or any other Releasees arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company any Releasee from any claim based on such treatment or other medical services. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 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. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in York County, Pennsylvania and I hereby consent to the exclusive jurisdiction of such courts. I agree, individually and on behalf of any or my minor children listed below, to all the terms and conditions set forth in this instrument (this “Release”). I am aware and understand all terms of this release and that it encompasses all participants in the Activity including all minors participating. This Release does not affect your ability to bring a workers’ compensation claim against your employer should you incur a worker-related injury or disease per the terms, conditions, and limitations contained in the Workers’ Compensation Act.