Please note: The words in ALL CAPS introduce paragraphs in which you are voluntarily giving up substantial legal rights.

The individual named below (referred to as “I” or “me”) desires to attend a retreat which may include—without limitation—swimming, boating, fishing, and hunting (the “Activity”) provided by St. Francis Property Management, LLC (“SFPM”) at the property known as Rocky Top, located at 640 Wade Road, Cashiers, North Carolina 28717 (the “Property”). In consideration of being permitted by SFPM to enter the Property and participate in the Activity, and in recognition of SFPM's reliance hereon, I agree to the terms and conditions of this Release and Waiver of Liability (this “Release”):

1. ACKNOWLEDGEMENT OF RISK. I am aware and understand that participating in the Activity may involve the risk of injury, disability, death, and/or property damage. The Activity may include swimming, boating, fishing, and hunting. I acknowledge that any damages that I sustain may result from or be compounded by the actions, omissions, or negligence of SFPM, including negligent emergency response or rescue operations of SFPM. Notwithstanding the risk, I acknowledge that I am voluntarily accessing the Property and participating in the Activity with knowledge of the danger involved and hereby agree to accept and assume all risks of injury, disability, death, and/or property damage arising therefrom, whether caused by the ordinary negligence of SFPM or any Releasee (as defined hereafter) or otherwise.

2. WAIVER AND RELEASE. I expressly waive and release all claims, now or hereafter known, against SFPM, and its officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my being on the Property or my participation in the Activity, whether arising out of the ordinary negligence of SFPM or any Releasees or otherwise. I covenant not to make or bring any such claim against SFPM or any other Releasee, and forever release and discharge SFPM and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that North Carolina law does not permit to be released by agreement.

3. THIRD-PARTY CLAIMS. I shall DEFEND, INDEMNIFY, AND HOLD HARMLESS SFPM and all other Releasees against all losses, damages, liabilities, claims, judgments, costs, or expenses of whatever kind, including reasonable attorney’s fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against SFPM or any other Releasees arising out of or resulting from any claim of a third party related to my being on the Property or my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of SFPM.

4. I agree that I will follow all instructions of any onsite property manager or other representative or agent of SFPM while on the Property.
5. I consent to receive medical treatment deemed necessary if I am injured or require medical attention while on the Property. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I release, forever discharge, and hold harmless SFPM from any claim based on such treatment or other medical services.

6. This Release constitutes the entire agreement of SFPM and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of SFPM and me and our respective successors, assigns, heirs, executors, and personal representatives. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any claim or cause of action arising under this Release shall be brought only in the federal and state courts located in Lafayette Parish, Louisiana and I consent to the exclusive jurisdiction of such courts.

By signing, I acknowledge that: (i) I have read and understood all of the terms of this release, (ii) the terms have been fairly and honestly negotiated by me and SFPM, and (iii) I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, including the right to sue SFPM.