CAMP 400, LLC RENTAL AGREEMENT

This rental agreement (hereinafter “Agreement”) is entered into by and between
CAMP 400, LLC (hereinafter “CAMP”) and Guest(s), for a stay at CAMP 400 or LODGE
400, jointly or separately, for the date(s) listed in the Acknowledgment. CAMP and Guest(s) may collectively be referred to as the “Parties.” This Agreement creates joint and several liabilities in the case of multiple Guests. The Parties agree as follows:

RENTAL AGREEMENT TERMS AND CONDITION

LODGE 400 TERMS AND CONDITIONS

1. LODGE 400 is a venue and rental property located at 24059 York Rd. McCune, KS
66753.

2. LODGE 400 rental options, Half Day, Full Day, or Overnight Lodging:

A. Venue only: A large event space.
i. Venue only Guest(s) (according to the Agreement) can have access to the
McCown Lounge (“Lounge”) and Lodge main floor. The Lounge is a 1930’s
style saloon, located on the lower floor of the Venue, separated by double
locking doors from the Venue. The Lodge is located on the lower main floor
separated by double locking doors from the Lounge. The Venue and Lodge
are in the same building but are separate rental units.
ii. Lodge living quarters are separated from the main floor of the Lodge by
stairs. Guest(s) must rent the Lodge for an overnight stay to have access to
the second floor.
iii. Guest(s) who rent the Venue and Lodge have NO access to Camp 400.
B. Lodge only: A two-story living quarters located in the Lodge. Double locking doors separate the Lodge from the Lounge. The Lodge living quarters provides a traditional four (4) bedroom layout, located upstairs of the Lodge main floor. The Venue and Lodge are in the same building but are separate rental units.
i. Guest(s) have access to the Lounge. The Lounge is separated from the Lodge
by double locking doors.
ii. Guest(s) have NO access to the Venue. The Venue is separated from the
Lounge by double locking doors.
iii. Guest(s) have NO access to Camp 400.
C. Venue and Lodge:
i. Guest(s) have access to Lounge. The Lounge is separated from the Lodge by
double locking doors.
ii. Guest(s) have access to the Venue. The Venue is separated from the Lounge
by double locking doors.
iii. Guest(s) have NO access to Camp 400.

3. Check-In and Check-Out Times:
A. Full Day check-in begins after 9:00 AM CST and check-out time is 12:00 AM CST.
B. Half Day check-in begins after 4:00 PM CST and check-out time is 11:00 PM CST.
C. Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures. You are not allowed to enter the property until check-in is completed by authorized staff.  Housekeeping and maintenance staff are not authorized to grant access to the Property. A CAMP agent will send, via text or phone call to the number on file,
authorization to enter the property when it is ready for check-in.

CAMP 400 TERMS AND CONDITIONS

4. Camp 400 is a rental property located at 1394 NW 400 HWY McCune, KS 66753.

5. Camp 400 Guest(s) do not have access to Lodge 400 unless they receive approval from CAMP.

6. Check-In and Check-Out Times:
A. Check-in begins after 4:00 PM CST and check-out time is 10:00 AM CST.
B. Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures. You are not allowed to enter the property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property. A CAMP agent will send, via text or phone call to the number on file, authorization to enter the property when it is ready to check-in.

LODGE 400 AND CAMP 400 TERMS AND CONDITIONS

7. Reservation Deposit: A reservation deposit of $500 is due at the time of reservation for full day rentals. A reservation deposit of $250 is due at the time of reservation for half day rentals. The deposit saves the date of the reservation and is subject for use of any
incidental charges described in this Agreement. Incorporating the provisions below, the deposit will be returned in full within thirty (30) days. Regarding specific packages referenced on the website, via JotForm, once signed all terms in this Agreement are applicable herein.

8. Payment of Rental: Full payment of the rental fees and cleaning fee ($150.00) is due thirty (30) days prior to the check-in date. If you have questions about payment methods, please reach out to us in advance of the thirty (30) day deadline.

9. Damage Policy: CAMP reserves discretion in accessing damages. While not an
exclusive list, there will be no additional charges if the following provisions are met:

A. No damage is done to the property or its contents, beyond normal wear and tear;

B. No additional cleaning beyond normal protocol is required (See Paragraph 17 and
20);

C. The unit is left locked;
D. No linens are lost or damaged;
E. No open flames or shooting of firearms or fireworks occurred on the property.

Guest(s) whose name(s) are on the reservation will remain responsible for all other
Guest(s), children, pets and/or visitors during entire rental of subject property.

10. Cancellation and Changes: Reservations may be cancelled or shortened by notifying CAMP in writing at least six (6) months prior to your arrival date (“Cancellation Period”). In such instances, the full amount of your Reservation Deposit will be refunded, less a $200.00 administrative cancellation/change fee. In the event of cancellations or shortened stays made after the Cancellation Period, you will be responsible for the full amount of the total booking charges.

11. Accommodation Selections: CAMP will reserve for you the specific Camp 400 or
Lodge 400 option(s) selected at the time of your reservation upon the receipt of your deposit and signed contract. Subject to availability for maintenance, owner usage, or other issues that may render the accommodations unsuitable for rental, and/or subject to the property remaining as a Camp 400 or Lodge 400 accommodation at the time of the stay, guests will be placed in the specific unit set forth in their reservation agreement, or
otherwise provided with a full refund or an opportunity to stay in an equivalently priced accommodation if available.

12. Pet Policy: Pets are not permitted without completing the Pet Addendum and receiving
approval from Camp 400. Guests who violate this policy will be charged an additional
$500, plus the expense of any necessary cleaning. Violations will be strictly enforced.

13. No Smoking: Smoking is not permitted on the grounds or inside of any CAMP property.
Violations will be strictly enforced.
14. Alcohol Policy: CAMP allows Guest(s) to provide alcohol at an event. However,
Guest(s) cannot resell alcohol and it must be distributed to your Guest(s) by a third
party—a non-registered Guest. The third party bartender (not included as a CAMP
expense) must check required legal identification for drinking alcohol and ensure a
responsible amount of alcohol is distributed to each Guest/visitor.
15. Maximum Occupancy: The maximum number of guests per accommodation is based on the individual accommodation’s ability to house our guests comfortably and safely. If the maximum occupancy is exceeded, violations will be strictly enforced.

16. Entry by CAMP: CAMP or its agents may enter the property and units for CAMP in case of an emergency, to make any repairs, alterations or improvements, to supply services, to show the property to prospective purchasers, renters or contractors, or upon reasonable suspicion that guest has breached any of its obligations hereunder. We will try to provide at least 3 hours notice of intent to enter the property except in the case of an emergency, provided, that failure to provide advance notice of intent to enter the property shall not affect our ability to enter for the reasons set forth above.

17. Housekeeping: Your CAMP rental will be cleaned to our quality standards prior to your arrival and after your departure. All stays will be subject to a cleaning fee of $150.00.  You will be responsible for cleaning your unit during your stay and for leaving the unit in good condition at check-out. If units are found to be in poor condition at check-out, Guest(s) will be put on notice and additional charges will be sought up to 100% of the property cleaning amount and any additional fees.

18. Maintenance: During your stay, promptly report any maintenance problems to CAMP.

19. Event Insurance: If alcohol is going to be served at your event, Guest(s) must purchase special event insurance from Event Helper, www.eventhelper.com. Insurance shall cover the total number of days Guest(s) have reserved and shall include the combined daily attendance of Guest(s). A copy of the insurance policy shall be provided at the thirty (30) day deadline for full payment (See paragraph 8).

20. Property Damage Policy: Guest(s) are responsible for any and all damage to
property of CAMP including, but not limited to, the lodge, any of the lodge
components, and rental items. Guests must lock windows and doors securely when not in the rental unit. Rearranging the furniture or removing any items from the unit is prohibited. After check-out, CAMP will inspect the unit for damage, missing items across the property, and appearance of the property where Guest(s)/visitors were invited. If CAMP determines that damage has occurred or items are missing, Guest(s) will be put on notice and charged additional fees.

21. Weather or other Occurrence: Refunds for cancellations or shortened stays due to actual or anticipated tornadoes, windstorms, other inclement weather, or Acts of God will not be issued by CAMP under any circumstances. We recommend all guests purchase travel protection insurance.

22. No Subletting: The rental property may not be sublet. Your reservation is not
transferable to any other party. If two or more parties reserve or occupy a single property, and one or more of the parties cancel, the primary Guest(s) whose name appears on the reservation is financially responsible for all booking charges associated with the reservation. In addition, each party, jointly and severally, is required to be in compliance with all of these terms and conditions and will be liable for any and all damages which may be caused during a stay.

23. Compliance with Laws, Rules, and Regulations: Guest shall abide by and observe all applicable federal, state, and local laws during their stay, as well as any rules and regulations governing the use of the property and neighborhood you are occupying. These rules apply to both CAMP and Guest(s), and failure to comply will result in eviction and forfeit of all booking charges. If you or your other occupants, guests, or visitors fail to strictly abide by the laws of the United States, the state of Kansas, local laws and/or neighborhood rules and regulations, or otherwise fail to strictly abide by the terms of this Agreement, cause damage to the property or any surrounding area, or engage in any other act(s) which interfere with others’ rights to quiet enjoyment of their premises, Guest(s) shall be subject to immediate eviction from the property without any refund and liability for additional charges for damages incurred. All such decisions shall be strictly enforced.

24. INDEMNITY, LIMITATION OF LIABILITY, AND RELEASE:

A. Hold Harmless: You and all occupants shall, jointly and severally, defend indemnify and hold CAMP (including its owners, members, officers, employees, subcontractors, agents, and representatives), harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred by CAMP related to, as a result of or arising from the actions of the Guest(s) and any occupants, including any negligent acts or omissions, willful misconduct, or any obligations in this Agreement, except to the extent such claims, demands and actions arise from the gross negligence or willful misconduct of CAMP.
B. Limitation of Liability: You understand and agree that CAMP does not assume any
liability for loss, damage, claim or injury to persons or their personal property while
on the premises, nor for any inconvenience, damage, claim, loss or injury arising
from or related to any temporary defects or stoppage, weather conditions; natural
disasters; acts of God; or other reasons beyond their control.
C. Arbitration Clause: Any controversy or claim arising out of this Contract, or the
breach thereof, shall be settled by arbitration through the American Arbitration
Association. Any judgement entered by arbitration may be entered in any court
having jurisdiction.
D. I acknowledge that I have completely read and fully understand the activity waiver and release Addendum and agree to be bound thereby.

25. Applicable Law: This Agreement shall be deemed to have been made and entered into in the State of Kansas, and will in all respects be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Kansas, excluding its principles of conflicts of laws.

26. Attorneys’ Fees: In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to and amount of such fees.

27. Force Majeure: Notwithstanding any other provision of this Agreement, no party to the Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damage or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party.

28. Entire Agreement: This Agreement constitutes the entire Agreement between the parties and supersedes any prior understanding, marketing or Agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.

29. Severability: If any term or provision of this Agreement is held illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.

30. Binding; No Assignment: All of the terms, covenants and conditions of this Agreement shall be binding upon and insure to the benefit of the parties, hereto and their respective heirs, legal representatives, successors and assigns. You may not assign this Agreement without our consent, and any attempted assignment shall be null and void.

31. Headings: Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent and intent of this Agreement of any provision hereof.

32. Electronic Signatures: By signing the Acknowledgement attached and incorporated here within, each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement, if any, are intended to authenticate this writing and to have the same force and effect as manual signatures. The term “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures. Without limiting the generality of the foregoing, delivery of an executed counterpart’s signature page of this Agreement, by facsimile, electronic mail in portable document format or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, has the same effect as delivery of an executed original of this Agreement.

ADDENDEUM 2

PHOTO, VIDEO, AND INTERVIEW CONSENT AND RELEASE

I hereby authorize CAMP 400, LLC., CAMP 400, LODGE 400, and their successors in interest, heirs at law, and assigns the absolute right and permission to any and all copyrights and/or publishing rights, as well as to reproduce or otherwise use my name, voice, and likeness in any and all video, photographs, written materials, and audio-visual recordings associated with any excursion or business deal I have with CAMP 400, LLC. I acknowledge and understand these materials about or of me may be used for both commercial and/or non-commercial purposes associated with CAMP 400, LLC business, including but not limited to CAMP 400, LLC marketing and branding, and specifically but not limited to, CAMP 400, LLC right to use, with its own discretion, any photos, videos, audio taken on any excursion or as part of any business deal.

I understand that my image may be edited, copied, exhibited, published and/or distributed in conjunction with CAMP 400, LLC business, including but not limited to CAMP 400, LLC marketing and branding. I also understand this material may be used individually or in conjunction with other media associated with CAMP 400, LLC in any medium CAMP 400, LLC may choose, including without limitation to print publications, digital publications, and/or public broadcast for any lawful purpose associated with CAMP 400, LLC  business. There is no time limit on the validity of this release nor are there any geographic limitations on where these materials may be distributed but these materials may only be used in conjunction with CAMP 400, LLC’s business.

I hereby acknowledge and grant CAMP 400, LLC and their employees, agents, licenses, successors, and third-party organizations all ownership rights and irrevocable right and permission to use, copyright, publish, sell, distribute, and/or promote the recorded video, photo, interview, and/or audio.

This consent does not have an expiration date, but, however, I have the right to withdraw my consent at any time by delivery of written notice to CAMP 400, LLC. Should I decide to withdraw my consent, then any previously printed materials or types of media would be excluded unless I am willing to pay for the cost of the replacement, productions, and printing of the publications after removal. Also, at time of withdrawal, I agree to pay back any discounts that may have been given to me at the time of service.

I understand that my participation is voluntary and that I may, at any time, discontinue my involvement before signing this document. If I choose to discontinue participation, I will notify CAMP 400, LLC by providing written notice ahead of any said excursion or business deal.

I understand that CAMP 400, LLC can see no risk presently, and that I take full responsibility for my involvement in this project, excursion and/or business deal, and the risks that it may entail (be they legal, physical, or mental) and release CAMP 400, LLC from any claims, demands, losses, damages, suits, and liabilities of any kind whatsoever in connection with the foregoing. I hereby certify that I am over eighteen years of age and am competent to contract in my own name insofar as the above is concerned. If I am under eighteen years of age, my parents or legal guardians have read this document and have given their consent by signing this AGREEMENT.  

ACTIVITY WAIVER AND RELASE

This ACTIVITY WAIVER AND RELEASE FORM (“Waiver and Release”)

I. CONSIDERATION AND OVERALL ACTIVITY RELEASE:

In consideration of the covenants and agreements contained in this Waiver and Release herein and all other good and valuable consideration, which shall include the reception of any and all of the necessary and/or required permission(s) for participation in CAMP 400, LLC., CAMP 400, and/or LODGE 400 events  (hereinafter referred to as the "Activity"), occurring between the days of scheduled arrival date and scheduled departure date. (the “Participant”) hereby RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND HOLD HARMLESS the following: CAMP 400, LLC., CAMP 400, LODGE 400, its MEMBERS, and any partner, employee, servant, representative, associate, officer, agent, volunteer, successor, and assigns of CAMP 400, LLC., CAMP 400, LODGE 400, its MEMBERS, and any partner, employee, servant, representative, associate, officer, agent, volunteer, successor, and assigns of CAMP 400, LLC., CAMP 400, LODGE 400 (hereinafter referred to as "Releasees") from any and all liability, claims, demands, action, judgments, costs, expenses, court costs, attorney fees and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE, including but not limited to, SOLE, CONTRIBUTORY, OR GROSS NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.​

II. ASSUMPTION OF THE RISK OF ACTIVITY AND CONCURRENT RELEASE:

I hereby elect to voluntarily participate in said Activity, and to enter the above-named premises and engage in such Activity knowing that certain risk of harm is, or may be inherent in, the various Activities contemplated herein and that the Activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an Activity, WHETHER CAUSED BY THE SOLE, CONTRIBUTORY, OR GROSS NEGLIGENCE OF RELEASEES or otherwise. Further, I acknowledge that this Waiver and Release is given with the express intention of effecting the extinguishment of certain obligations owed to me and with the intention of binding me and my spouse, heirs-at-law, personal representatives, executors, administrators, legal representatives, successors, and assigns.

III. FITNESS TO PARTICIPATE 

I acknowledge and warrant that I do not have any physical limitations, medical ailments, physical disabilities, and/or mental disabilities that would limit or prevent me from participating in the above-mentioned Activity. If I suffer from any ailments, illnesses, and/or have a medical condition that requires a medical examination and subsequent clearance, then it is my responsibility to have the said medical examination performed and the necessary clearance issued in order for me to be able to participate in the Activity.

III. CONTRIBUTORY LIABILITY:

I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from any loss, liability, damage, demands, liens, liabilities, judgments, or costs, including court costs and attorney fees, that may incur due to my participation in said Activity, WHETHER CAUSED BY OR CONTRIBUTED TO IN WHOLE OR PART by any action or failure to act, negligence, breach of contract, or other misconduct on the part of Releasees, or otherwise alive, and my heirs, personal representatives, executors, and assigns, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above named Releasees. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Kansas.

IV. RELATIVES AND/OR ASSIGNS, ETCETERA:

It is my express intent that this Waiver and Release shall bind the members of my family and  spouse, if I am alive, and my heirs-at-law, personal representatives, executors and assigns, and  successors in interest if I am deceased, and shall be deemed as a RELEASE, WAIVER,  DISCHARGE, AND COVENANT NOT TO SUE the above named Releasees I hereby  further agree that this AGREEMENT under which I chose to convey to Releasees a waiver of liability and to hold harmless Releasees shall be construed in accordance with the laws of the State of Kansas.

V. SEVERABILITY OF THE AGREEMENT:

I expressly agree that this Waiver and Release is intended to be as broad and inclusive as is permitted by the laws of the State of Kansas, and if any portion of this Waiver and Release is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

VI. FULL AND FINAL SETTLEMENT:

I hereby acknowledge and agree that I, the Participant, have carefully read this Waiver and Release, that I fully understand the same, and that I freely and voluntarily execute the same. Further, I understand that by signing this Waiver and Release, that I agree to be forever prevented from suing or otherwise claiming against Releasees, CAMP 400, LLC for any property loss or personal injury that I may sustain while participating in or preparing for the above noted Activity. I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this Waiver and Release. This Waiver and Release contains the entire agreement between the parties to this Waiver and Release and the terms of this Waiver and Release are contractual and not a mere recital.

VII. GOVERNING LAW:

This Waiver and Release will be governed by and construed in accordance with the laws of the State of Kansas.

 I understand that there are inherent risks associated with socializing, airing, working, and hunting with dogs in general. I assume any and all responsibility for myself and my dog during our time at CAMP 400, LLC., and while on the property of CAMP 400, LLC. I will not hold CAMP 400, LLC, their members, staff, any affiliates, or property owners responsible for any injuries or misfortunes (to or by me or my dog) while hunting, airing, socializing, working, walking or any other work, should they occur. I further understand that due to the nature and environment of outdoor field hunting and the way that hunting dogs interact with one another, cuts, scratches, bumps, bruises, punctures, other injury, and even death can occur to my dog, even when the dogs are under supervision. I also understand that my dog’s participation in any event or activity involving water can expose my dogs to conditions such as giardia, coccidia, diarrhea, and other conditions not listed. I also understand that my personal participation is not without risks - including, but not limited to, tripping and falling or getting knocked down, jumped on, bitten, scratched, seriously maimed, or even killed. I also understand that by bringing my dog to the CAMP 400, LLC require that my dog is in good health and has received the necessary vaccinations (or equivalent alternatives) as agreed upon by my veterinarian. If my dog becomes injured or ill, the CAMP 400, LLC are not responsible for calling a veterinarian. In the event of an emergency CAMP 400, LLC are not responsible for taking my dog to the nearest animal hospital for immediate care. I understand that the CAMP 400, LLC will not reimburse me for any portion(s) of my stay at CAMP 400, LLC. I hereby release and agree to save and hold harmless, CAMP 400, LLC, their members, staff, any affiliates, or property owners from any and all liability, claims, suits, actions, loss, injury, or damage of any nature or kind, or for any liability, claims, suits, actions, loss, injury, or damage which I or my dog may sustain or which may be caused in any way by my dog. I specifically, without limitation, agree to fully indemnify CAMP 400, LLC, their members, staff, any affiliates, or property owners for any and all such liability, claims, suits, actions, losses, injury, or damage. I understand that I am solely financially responsible for any damage or harm caused by my dog during our time at CAMP 400, LLC. I take it upon myself to ask questions and use my own common sense. I understand that I do not have to do anything or allow anything to be done that I do not feel comfortable with. I certify that I have read and understand the Dog Policy, and that I have read and understand this agreement. I agree to abide by the rules and regulations and accept all of the terms, conditions, and statements of this agreement and confirm the truthfulness of the contents of this release form completed by me.

IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver and Release which serves as a WAIVER OF LIABILITY and HOLD  HARMLESS AGREEMENT, understand it and sign it voluntarily as my own free act and deed; I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK AND I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH AND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO, DURING, AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY AND/OR ITS LOCATION(S), NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OR OF MY PARTICIPATION IN THIS ACTIVITY; no oral representations, statements, or inducements, apart from the foregoing ELECTRONIC WAIVER AND RELEASE, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this WAIVER AND RELEASE which serves as my WAIVER AND RELEASE for full, adequate, and complete consideration fully intending to be bound by same. ​

(A) YOU AND ALL OCCUPANTS SHALL, JOINTLY AND SEVERALLY, DEFEND, INDEMNIFY AND HOLD CAMP 400, LLC (INCLUDING ITS MEMBERS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES) AND THE OWNER (THE “MANAGER PARTIES”), HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COSTS OF SUIT) INCURRED THE MANAGER PARTIES RELATED TO, AS A RESULT OF OR ARISING FROM THE ACTIONS OF THE GUEST AND ANY OCCUPANTS, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS, WILLFUL MISCONDUCT, VIOLATIONS OF LAWS OR ANY OBLIGATIONS IN THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH CLAIMS, DEMANDS AND ACTIONS ARISE FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE MANAGER PARTIES.

(B) LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT NO MANAGER PARTY ASSUMES ANY LIABILITY FOR LOSS, DAMAGE, CLAIM OR INJURY TO PERSONS OR THEIR PERSONAL PROPERTY WHILE ON THE PREMISES, NOR FOR ANY INCONVENIENCE, DAMAGE, CLAIM, LOSS OR INJURY ARISING FROM OR RELATED TO ANY TEMPORARY DEFECTS OR STOPPAGE IN SUPPLY OF WATER, GAS, CABLE SERVICE, ELECTRICITY, INTERNET SERVICE OR PLUMBING; CHANGES TO RENTAL ASSIGNMENTS; WEBSITE OR BROCHURE ERRORS; WEATHER CONDITIONS; NATURAL DISASTERS; ACTS OF GOD; OR OTHER REASONS BEYOND THEIR CONTROL.

(C) RELEASE OF THE MANAGER PARTIES. IN ADDITION TO THE OTHER SPECIFIC RELEASES SET FORTH IN THIS AGREEMENT AND ITS ADDENDUM, YOU, FOR YOURSELF, YOUR HEIRS, ASSIGNORS, EXECUTORS, AND ADMINISTRATORS, AND ON BEHALF OF EACH OCCUPANT OF THE PROPERTY, AND SUCH OCCUPANTS’ HEIRS, ASSIGNORS, EXECUTORS AND ADMINISTRATORS, FULLY RELEASE AND DISCHARGE THE MANAGER PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, AND CAUSES OF ACTION WHICH YOU, ANY OCCUPANT OR THEIR FAMILY MEMBERS HAVE OR MAY HAVE IN THE FUTURE BY REASON OF ANY INJURY, LOSS OR DAMAGE BY WHATEVER NATURE WHICH HAS OR HAVE OCCURRED, OR MAY OCCUR TO YOU, OR TO ANY OF THE OCCUPANTS DURING THE STAY AS A RESULT, OR IN CONNECTION WITH THE OCCUPANCY OF THE PROPERTY OR IN USE OF ANY ITEM PROVIDED DURING YOUR STAY, INCLUDING BIKES, GOLF CARTS OR OTHER RECREATIONAL ITEMS, INCLUDING ANY CLAIMS, DAMAGES, COSTS OR CAUSES OF ACTION DUE TO THE NEGLIGENCE, BREACH OF CONTRACT OR WRONGFUL CONDUCT OF ANY MANAGER PARTY, AND AGREE NOT TO SUE AND TO HOLD THE MANAGER PARTIES FREE AND HARMLESS OF ANY CLAIM OR SUIT ARISING THERE FROM. THE UNDERSIGNED UNDERSTANDS, INTENDS AND DESIRES TO RELEASE THE MANAGER PARTIES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE OCCUPANCY OF THE PROPERTY TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF KANSAS.

(D) WAIVER OF JURY TRIAL. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.

(e) I ACKNOWLEDGE THAT I HAVE COMPLETELY READ AND FULLY UNDERSTAND THE ACTIVITY WAIVER AND RELASE IN ADDNEDUM THREE (3) AND AGREE TO BE BOUND THEREBY. I HEREBY RELEASE ANY AND ALL CLAIMS AGAINST CAMP 400, LLC., CAMP 400, AND LODGE 400.