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Suncadia Recreation Liability Release and Waiver

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SUNCADIA RECREATION LIABILITY RELEASE AND WAIVER

In exchange for my ability to participate in recreational activities at the Suncadia Resort (the “Resort”), including, but not limited to, axe-throwing, archery, biking, hiking, boating, snowshoeing, cross-country skiing, ice skating, sledding, swimming, tubing, and other activities available at the Resort (each an “Activity”, and collectively the “Activities”), I certify and agree that:

I recognize the Activities are strenuous. I am physically fit and know of no medical or health condition, or any other reason, that might prevent me from participating in any Activity I choose to participate in.

I understand that there are significant risks involved in each Activity. I further understand that these risks are inherent to each Activity, notwithstanding specialized training and skills, safety equipment, and other precautionary measures.

I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, BOTH KNOWN AND UNKNOWN, from my participation in the Activities.

On behalf of myself and my heirs, personal representatives, executors, administrators, agents, and assigns, I agree to RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS Suncadia Resort LLC, New Suncadia Hospitality, LLC and New Suncadia, LLC, and their respective directors, officers, members, managers, affiliates, employees, representatives and agents (“Releasees”) from and against any and all liability, actions, causes of action, claims, and demands of every kind related to loss or damage to person or property, including, without limitation, injury, disability, or death, EVEN IF ARISING FROM NEGLIGENCE ON THE PART OF THE RELEASEES OR OTHERWISE, that in any manner relate to or arise out of the Activities, to the full extent permitted by law.

This Recreation Liability Release and Waiver (“Release”) shall be construed in accordance with the laws of the State of Washington. If any portion of this Release is found to be invalid, illegal, or unenforceable, such portion shall be enforced to the maximum extent permitted by law, and the remaining provisions shall not be impacted.

My signature will also serve as a release and assumption of risk for any members of my family under the age of 18 who may participate in the Activities.

I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND AND AGREE TO ITS TERMS. I ACKNOWLEDGE THAT BY SIGNING BELOW I AM FREELY AND VOLUNTARILY WAIVING SUBSTANTIAL RIGHTS AS DESCRIBED ABOVE.

Printed name: ___________________________________

Signature: ______________________________________

Date: ______________________

FOR PARENTS/GUARDIANS OF PARTICIPANTS UNDER THE AGE OF 18:

I certify that I am the parent or guardian with legal responsibility for the above-named participant, and I consent and agree to this Release on behalf of the participant. I agree to RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from and against any and all liabilities related to or arising from the participant’s participation in the Activities to the full extent of the law, as provided above.

Printed name of Parent or Guardian: _______________________________

Signature of Parent or Guardian: __________________________________

Date: _____________________

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