RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

IN CONSIDERATION of being permitted to utilize the facilities, including, without limitation, the swimming pond, beach area and associated inflatables, services or participating in events at Do Nothin Campground, LLC, and its affiliates, including without limitation, Go Gators, LLC, collectively referred to and dba “DN Campground” for any purposes, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, and if signing as a parent or guardian on behalf of a minor, then for the minor, hereby acknowledges, agrees and represents that he or she has, and his or her children or immediately upon or participating will, inspect and carefully consider such premises and facilities, including without limitation the swimming pond, beach area and inflatables. It is further warranted that such entry into DN Campground for use of any facilities, including without limitation the swimming pond, beach area and inflatables, or equipment or participation in events constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such use or participation.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER DN CAMPGROUND FOR ANY PURPOSES INCLUDING, BUT NOT LIMITED USE OF FACILITIES, INCLUDING WITHOUT LIMITATION THE SWIMMING POND, BEACH AREA, INFLATABLES, OR EQUIPMENT, OR PARTICIPATION IN ANY EVENTS WITH DN CAMPGROUND, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:

1. THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND CONVENANTS NOT TO SUE DN Campground, its affiliates and their respective members, managers, officers, employees, representatives and agents (hereinafter referred to as “releasees”) from all liability to the undersigned, his personal representatives, his or her children, assigns, heirs and next of kin for any loss or damage, and any claim or demands therefor on account of injury to the personal or property or resulting in injury or death of the undersigned, or the children of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in, upon, or about the premises or any facilities, including without limitation the swim pond, beach or inflatables, or equipment therein or participating in any program affiliated with DN Campground.

2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage or cost they may incur due to the presence of the undersigned in, upon or about DN Campground premises or in any way using any facilities, including without limitation the swim pond, beach or inflatables, or equipment of DN Campground or participating in any event with DN Campground whether caused by the negligence of the releasees or otherwise.

3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSBILITY FOR AND RISK OF BODILY INJURY,  DEATH OR PROPERTY DAMAGE due to negligence of releasee or otherwise while in, about or upon the premises of DN Campground and/or while using the premises or any facilities, including without limitation the swim pond, beach, inflatables, or equipment thereon or participating in any event at DN Campground. THE UNDERSIGNED further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of Wisconsin and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

WISCONSIN STATE STATUTE §895.52. Participation in recreational activities, restrictions on strict
liability, assumption of risk.

4. APPRECIATION OF RISK. A participant in a recreational activity engaged in on premises owned or leased by a person who offers facilities to the general public for participation in recreational activities accepts the risks inherent in the recreational activity of which the ordinary prudent person is or should be aware. In a negligence action for recovery of damages for death, personal injury or property damage, conduct by a participant who accepts the risks under this subjection is contributory negligence, to which the comparative negligence provisions of s. 895.045 shall apply.

5. RESPONSIBILITIES OF PARTICIPANTS.

(a) A participant in a recreational activity engaged in on premises owned or leased by a person who offers facilities to the general public for participation in recreational activities is responsible to do all of the following:

1. Act within the limits of his or her ability;
2. Heed all warnings regarding participation in the recreational activity.
3. Maintain control of his or her person and the equipment, devices or animals the person is using while participating in the recreational activity.

4. Refrain from acting in any manner that may cause or contribute to the death or injury to himself or herself or to other persons while participating in the recreational activity.By selecting “I Agree,” you accept full responsibility for yourself and any minors in your care, and release DN Campground and its owners from any liability related to injury, loss, or damage while using the Campfire Cove Aqua Park.