Woodlands Nature Reserve waiver form
We know it's a drag, but having guests sign this waiver is super important for us to be able to share this land with others. Please sign it so our attorneys will continue to return our occasional phone calls.

READ THIS WAIVER CAREFULLY BEFORE ACCEPTING. THIS WAIVER HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. BY SIGNING THIS WAIVER, THE UNDERSIGNED AGREES TO HAVE ANY CLAIM DECIDED BY NEUTRAL ARBITRATION AND GIVES UP THE RIGHT TO A JURY OR COURT TRIAL. I wish to enter the property owned by Middleton Place LLC, d/b/a, Woodlands Nature Reserve (“Middleton”, the “Woodlands”, and the “Facilities”) for the purpose of pursuing and engaging in social and recreational activities. BY SIGNING THIS WAIVER AND IN CONSIDERATION OF BEING PERMITTED TO ENTER, PARTICIPATE AND ENGAGE IN ANY RECREATIONAL ACTIVITIES AT THE FACILITIES, I, FOR MYSELF, MY PERSONAL REPRESENTATIVES, HEIRS, MINOR CHILDREN AND NEXT OF KIN:

1. Acknowledge and agree that I understand the nature of the Activities (defined below); that there are certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the Activities and that I am in good physical health, and in proper physical condition to participate in the Activities. I further acknowledge that the Activities will be conducted in areas such as roads, trails, lakes, and facilities that are shared by the public, and for which the hazards of traveling are to be expected. I further agree and warrant that if, at any time, I believe conditions to be unsafe or that I myself am physically or otherwise inhibited; I will immediately discontinue further participation in the Activities.

2. A. “Activities” or “Activity” is defined as anything associated with or occurring at or Middleton, including, without limitation: hiking, rock climbing, zip lining, swinging, camping, wood burning in designated areas, fishing, kayaking, dancing, swimming, ropes courses, biking, paintball, archery tag, whiffle ball, soccer, basketball, Bubble Soccer, High Adventure Course, rappelling, inflatables and bounce houses, river activities, low ropes, teambuilding activities, archery, rope swings, service projects, mountain biking, field games, sharp shooting with BB guns (riflery), power boating, and disc golf. Activities also include all games, tasks, performances, entertainment, recreational activities and diversions organized, hosted and supervised by independent entities, promoters, and/or participants of festivals or other social engagements being hosted at the Facilities, including but not limited to activities involving the use of fire. Activities also include usage of trails, pathways, parking lots, stairs, buildings, tents, and all other facilities. This list are examples, but does intend to cover all Activities in which I may engage or participate at the Woodlands.

B. Risks associated with participation in the Activities (the “Risks”) include, but are not limited to: permanent disability, paralysis, death; dangers associated with exposure to weather and physical exertion; dangers associated with lack of lighting; dangers associated with hiking and camping, such as opportunities to become lost, colliding with rocks, trees, ground, or other objects, falling; dangers stemming from impacts with other individuals including, but not limited to, staff, volunteers, vendors, and participants and/or their equipment; dangers associated with zip lining and other height based activities, such as harness and line failure, falls and/or slips from heights and obstacles (potentially resulting in head trauma, facial injuries, fractures, dislocations, sprains, strains, etc.), trauma resulting from being fully supported in a harness, colliding with rocks, trees, ground, and other objects; dangers associated with projectile implements, including but not limited to: paintball, archery tag, whiffle ball, soccer, basketball, fishing, slingshot, etc., such as eye damage and head and body injuries; dangers associated with manmade and natural obstacles, falling, and tripping; dangers associated with biking including falling, colliding into trees, other individuals, other bikes, stationary objects, and other moving objects; dangers associated with riding in golf carts or other vehicles including colliding into trees, other individuals, other bikes, stationary objects, and other moving objects; dangers arising from being in a vicinity to or in contact with electric music equipment and/or other elements pertaining to music festivals; dangers arising from equipment failure or malfunction and potential misjudgment by staff; dangers associated with water activities, such as drowning or other complications associated with immersion in water, high speeds and sudden stops, becoming pinned or entrapped by items or obstacles in the water, colliding with rocks, boats and other items in the water, falling while entering or exiting any boats, kayak overturning and subsequent head or bodily injury from kayak, paddles, or rock contact; dangers associated with rope related activities, such as entanglement; dangers stemming from structural, helmet, and/or safety equipment malfunctions; dangers associated with horseback trail riding, such as falling from horses or being kicked or bitten, resulting in bodily injury; dangers associated with hiking and camping, such as opportunities to become lost, colliding with rocks, trees, ground, or other objects, falling; dangers arising from natural features, plants, animals, insects, wet surfaces, tripping and/or falling hazards, and other types of contact with man-made and natural features; dangers arising from equipment failure or malfunction and potential misjudgment by staff; dangers associated with the use of fire or burning or participating in activities that involve the use of fire; dangers stemming from to being in proximity to wildlife, such as, wild plants, alligators, deer, mosquitoes, boars, and snakes; dangers stemming from the remote location of the camp that can delay the delivery of emergency medical services; dangers associated with negligent rescue operation. This list does not intend to cover all potential Risks associated with my participation in the Activities.

C. I acknowledge that the Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of other participants of the Activities, the actions or inactions of Releasees, the condition in which the Activity takes place, or the negligence of the Releasees. There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in any Activities.

D. I acknowledge that Releasees’ seek safety of all individuals. Due to the inherent risks of the Activities, Releasees may be unaware of a participant’s true fitness or abilities. Releasees’ may be negligent in, among other things, monitoring and supervising use of its equipment and facilities and in the maintenance and repair of its equipment and facilities.

E. I expressly agree and promise to accept and assume all of the Risks existing in all Activities. I elect to participate in spite of the Risks. Thus, participation in the Activities is solely at my own risk and I assume full responsibility for any resulting injuries or damages to my person or property.

3. I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE RELEASEES FOR ANY AND ALL LIABILITY TO THE PARTICIPANT, my personal representatives, assigns, heirs and next of kin, FOR ANY AND ALL INJURY, LOSS OR DAMAGE WHATSOEVER, AND ANY CLAIM OR DEMAND THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE PARTICIPANT, and arising out of or related in any way connected with my participation in any Activities or my use of Releasees’ equipment or facilities or the inherent risks from participating in an environment with wildlife and subject to Risks defined above, WHETHER CAUSED BY ACTIONS, INACTIONS, AND/OR THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

4. I HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND the Releasees FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, LIABILITY, DAMAGES, SUITS, ACTIONS, CAUSES OF ACTION OR COSTS of any kind, including reasonable attorney fees, that arise or may arise out of or be related in any way to my participation in the Activities, whether asserted by me, my heirs, executors or assigns or by any third person or entity, and WHETHER CAUSED BY THE ACTIONS, INACTIONS, AND/OR NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

5. I hereby release, forever discharge, and covenant not to sue Releasees regarding any and all liability, claims, demands, losses, causes of action, or damages, including any such claims which caused or alleged to be caused in whole or in part by negligent acts or omissions on my account, or that of the Releasees or otherwise, and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such a claim.

6. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating in Activities, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.

7. I fully understand that in the event a lawsuit arises against Releasees, the substantive law of South Carolina shall apply in that action without regard to the conflict of the law rules of that state. I agree that if any provision of this WAIVER is found to be unenforceable or invalid, the WAIVER shall be ineffective only to the extent of such provision and the validity of the remaining provisions of the WAIVER shall not be affected, and this WAIVER shall be construed in all respects as if such invalid or unenforceable provisions were omitted.

8. I acknowledge that Middleton is a drug free environment and the possession/use of illegal drugs at Middleton is prohibited by the Releasees.

9. I certify that I will remain within the established perimeter for Activities and obey all posted signs, warnings, and instructions provided prior and during my entrance to the Facilities to participate in Activities.
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