ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
Collective Hotels & Retreats, Inc. | Collective Hill Country, a Retreat at Montesino Ranch
- Collective Hotels & Retreats, Inc. (referred to herein as “Collective”) strives to do everything possible to ensure the safety of its guests. In consideration for Collective’s services, I, on behalf of myself, and my minor child (if applicable), and my heirs and/or representatives, 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 Collective and its officers, directors, agents, employees, volunteers, contractors, representatives, and property partners, including Blanco River Organic, Inc., doing business as Montesino Ranch (collectively, “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 my participation in any Collective Activity (which specifically includes activities put on by Collective and/or any activity that is run through a third party, including Collective’s property partners), whether caused by the ordinary negligence of Collective or the Releasees. I understand that this Agreement does not waive any claims resulting from gross negligence, willful, reckless or wanton misconduct by Collective. I also understand that Collective is not responsible for the acts of third parties under this Agreement.
- I voluntarily assume full responsibility for any risks of loss, property 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 Collective Activity, whether caused by negligence of Collective or otherwise. I have voluntarily elected to enter Collective’s premises and engage in Collective’s activities, including, but in no way limited to bicycling, yoga and lawn games, knowing that conditions may be hazardous, or may become hazardous to me and/or my property, and that access to medical personnel and/or facilities may be limited. Certain inherent risks involved in outdoor activities offered by Collective, include but are not limited to: inclement weather-related hazards, including extreme temperatures, wind, fire, ice, tornadoes; rugged terrain or bodies of water; wild animals and livestock; and, insects and poisonous plants. I also understand and acknowledge that additional unknown or unanticipated risks do exist that may result in injury or death. I understand that these risks are increased by the use of drugs or alcohol.
- I understand that it is my responsibility to consult with my physician prior to participating in any Collective Activity. In the event that I become incapacitated while participating in a Collective Activity, I hereby authorize Collective, and emergency medical personnel to make emergency medical decisions on my behalf (including but not limited to CPR and/or and AED). I also authorize Collective to arrange emergency and non-emergency transportation, including transportation on any Collective owned vehicle, including but not limited to boats and other watercraft. I also agree to indemnify and hold harmless Collective from any and all costs associated with my emergency care and transportation.
- My participation in any Collective Activity signifies that I have found the Equipment (which includes any equipment available or accessible on the property or any personal equipment I bring with me) and areas to be safe and acceptable to me. I accept full and sole responsibility for the condition and adequacy of my personal Equipment.
- I authorize Collective and the Releasees to take photographs or videos of me and to make recordings of my voice (“Media”) during my participation in any Collective Activity, and understand that any such Media will become the sole property of Collective. I further authorize Collective 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.
- This Agreement shall be governed by the laws of the State of Texas. I agree to submit any and all claims arising from my stay and/or participation in Collective Activities to binding Arbitration in Hays County. I acknowledge that I am giving up the right to have my dispute decided in a court of law by a judge or jury. I further understand and agree that Collective will be entitled to recover attorneys’ fees and costs incurred defending against an action barred by this Agreement.
- We reserve the right to charge guests the cost of rectifying damage, caused by the deliberate, negligent or reckless act of the guest to the hotel’s property or structure. The amount charged to the guest will be the following:
- $250 for minor to moderate damage, as determined by Collective Retreats in its sole discretion
- $500 for major damage, as determined by Collective Retreats in its sole discretion, plus additional costs/losses, if any, incurred by Collective Retreats in the course of repairing the damage including, but in no way limited to the actual cost of materials or outside contractors, and the revenue lost should it be necessary to take a tent or other facility off line to effectuate the repair.
- Should this damage come to light after the guest has departed, we reserve the right to make a charge to the guest’s credit / debit card, or send an invoice for the amount to the registered address.
- This Agreement is 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 ALSO CERTIFY THAT I HAVE RECEIVED A COPY OF COLLECTIVE’S RULES AND REGULATIONS, AND UNDERSTAND THAT FAILURE TO COMPLY WITH THESE RULES MAY BE GROUNDS FOR IMMEDIATE REMOVAL FROM THE PROPERTY. I UNDERSTAND THAT ALL FEES AND COSTS FOR ANY COLLECTIVE SERVICE OR ACTIVITY ARE NON-REFUNDABLE.
Signature of Guest / Guardian
Names of Minors Accompanying Guest/Guardian:
(1) _____________________ (2) ______________________
Name: ____________________ Phone: ________________ Relationship: _________________