This Release of Liability, Waiver of Claims, and Indemnity Agreement ("Agreement") is entered into between the undersigned participant ("Participant") and DeSoto Outfitters, LLP, located at 1651 MS-29, Brooklyn, Mississippi 39425 ("Outfitter").
1. DESCRIPTION OF ACTIVITIES. Participant intends to participate in one or more of the following activities offered by Outfitter: canoe and/or kayak rentals and use on Black Creek and related waterways; cabin lodging; RV, semi, and tent camping; and access to property and facilities operated by Outfitter (collectively, "Activities").
2. ASSUMPTION OF RISK. Participant acknowledges that the Activities involve inherent risks, dangers, and hazards, including but not limited to: drowning or other water-related injuries; capsizing or collision of watercraft; contact with natural hazards including rocks, logs, and debris; adverse weather conditions; biting or stinging insects and wildlife; slips, trips, and falls on uneven terrain; and other risks, both foreseen and unforeseen. Participant voluntarily assumes all such risks, both known and unknown.
3. RELEASE AND WAIVER. In consideration of being permitted to participate in the Activities, Participant hereby releases, waives, discharges, and covenants not to sue Outfitter, its owners, officers, employees, agents, volunteers, and assigns ("Released Parties") from any and all liability, claims, demands, actions, and causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by Participant while participating in the Activities, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by the laws of the State of Mississippi.
4. INDEMNIFICATION. Participant agrees to defend, indemnify, and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities arising out of Participant's participation in the Activities.
5. RULES AND SAFETY. Participant agrees to follow all safety rules and instructions provided by Outfitter staff. Participant agrees to wear a properly fitted personal flotation device (PFD) at all times while on the water. Participant certifies that they are in good physical condition and have disclosed any medical conditions that may affect their ability to safely participate.
6. PROPERTY DAMAGE. Participant agrees to be responsible for any damage to equipment, property, or facilities caused by Participant's negligence or misuse.
7. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Mississippi. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8. ACKNOWLEDGMENT. Participant certifies that they have read this Agreement carefully, that they understand it fully, and that they sign it of their own free will.