Definition of Lessee: For purposes of this agreement, “Lessee” refers to the individual named above who has entered into the lease agreement with Cold River Cabins, Inc., and includes all members of their party, guests, invitees, and day visitors who access or use the premises during the lease term, regardless of whether such individuals are named in the lease or have made payment.
1. Assumption of Risks
THE LESSEE ACKNOWLEDGES THAT DANGEROUS NATURAL OR MAN-MADE CONDITIONS MAY EXIST OR OCCUR ON THE PREMISES DESCRIBED IN THE LEASE, INCLUDING BUT NOT LIMITED TO HAZARDOUS WALKING CONDITIONS, UNEVEN TERRAIN, AND THE PRESENCE OF WILD, DOMESTIC, POISONOUS, OR DISEASED ANIMALS. THE LESSEE ASSUMES ALL SUCH DANGERS AND RISKS ON BEHALF OF THEMSELVES AND ANY INDIVIDUALS INCLUDED IN THE DEFINITION OF LESSEE.
2. Indemnity
THE LESSEE WILL INDEMNIFY, DEFEND, AND HOLD LESSOR AND ITS AGENTS, EMPLOYEES, INVITEES, LICENSEES, OR VISITORS (COLLECTIVELY, "LESSOR") HARMLESS AGAINST ALL CLAIMS, DAMAGES, AND COSTS (COLLECTIVELY, "CLAIMS") INCURRED BY OR ALLEGED AGAINST LESSOR AND ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF THE LESSEE OR ANY OF THE LESSEE'S AGENTS, EMPLOYEES, CONTRACTORS, LICENSEES, OR VISITORS WHILE AT THE PREMISES, INCLUDING ANY CLAIMS BASED ON ANY: (a) INJURY TO OR DEATH OF ANY PERSON(S); (b) DAMAGE TO OR LOSS OF PROPERTY; OR (c) FAILURE OF LESSEE TO COMPLY WITH ANY APPLICABLE LAWS, THE LEASE, OR PROPERTY RULES.
3. Release
THE LESSEE WAIVES ALL CLAIMS AGAINST LESSOR AND RELEASES LESSOR FROM ANY LIABILITY, BASED ON ANY: (a) INJURY TO OR DEATH OF LESSEE OR ANY INDIVIDUALS INCLUDED IN THE DEFINITION OF LESSEE; OR (b) DAMAGE TO OR LOSS OF ANY PROPERTY BELONGING TO LESSEE OR THEIR GUESTS.
4. Negligence of Lessor
THE FOREGOING INDEMNITIES, WAIVERS, AND RELEASES WILL APPLY EVEN IF THE INCIDENT GIVING RISE TO THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE CONDITION OF THE PREMISES OR BY THE SOLE OR CONCURRENT ORDINARY NEGLIGENCE OF LESSOR (BUT NOT THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LESSOR).