White Birch Campground Liability Waiver

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                                                                               PLEASE READ CAREFULLY!

In consideration of my desire to enter Xcel Energy and White Birch Campground facilities located in Holcombe, Wisconsin, I acknowledge and agree to this Waiver and Release of Liability (“Waiver”) in favor of White Birch Campground, Inc., a Wisconsin non-profit corporation (“White Birch Campground”), and Northern States Power Company, a Wisconsin corporation, and its corporate affiliates, subsidiaries, assigns, officers, directors, employees, volunteers, agents, and contractors (“Xcel Energy”) under the following terms:

I understand that camping can be a hazardous activity and that my participation and, if applicable, my minor child’s participation in this activity involves risks to myself, my minor children, and any of my guests and their children including but not limited to property damage and bodily injury. I hereby agree to freely assume these risks; and, if applicable and with legal capacity as a parent or guardian, freely assume these risks on behalf of my minor child.

I ALSO AGREE FOR MYSELF, MY GUESTS AND IF APPLICABLE, MY MINOR CHILD, AND MY/OUR DEPENDENTS, HEIRS, EXECUTORS AND ASSIGNS TO FULLY WAIVE, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS BOTH WHITE BIRCH CAMPGROUND AND XCEL ENERGY, AS WELL AS THEIR RESPECTIVE CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS, FROM ANY AND ALL LIABILITY WITH REGARDS TO CLAIMS WHETHER IN CONTRACT OR OF PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, DAMAGES, LOSSES AND/OR DEATH THAT MAY ARISE OUT OF OR RESULT FROM MY PARTICIPATION, AND, IF APPLICABLE, THE PARTICIPATION OF MY MINOR CHILDREN OR GUESTS, IN THIS ACTIVITY. I HEREBY ASSUME, TO THE GREATEST EXTENT ALLOWABLE UNDER LAW, ALL RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER CONDUCT OF MYSELF AND, IF APPLICABLE, MY MINOR CHILDREN OR GUESTS.

           I furthermore agree that I, my guests and/ or if applicable, my minor children:

1. Will obey the Campground Rules and all other policies, safety instructions, and recommendations, whether oral or written; and

2. Will be responsible for any damages to the White Birch Campground premises, damage to property owned by others, and bodily injuries to others caused by me, my guests, or my minor children’s, behavior.

I hereby grant unto White Birch Campground all right, title, and interest in any and all photographic or video images and/or audio recordings that are made during my, my minor

children’s, or my guests’ participation in the activity, including, but not limited to, any royalties, proceeds, or other benefits that are derived from such photographs or recordings.

I expressly agree that this Waiver is intended to be broad and inclusive as permitted by the laws of the State of Wisconsin and that this Waiver shall be exclusively governed by and interpreted in accordance with the laws of the State of Wisconsin. I hereby certify that I am a competent adult assuming liability for such risks of my own free will, being under no compulsion or duress. I acknowledge that I have read this Waiver in its entirety and understand its terms. I make and grant this Waiver in favor of White Birch Campground and Xcel Energy voluntarily in return for the opportunity to participate in the activity and waive the right to bargain for different waiver of liability terms. I agree that in the event that any clause or provision of this Waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Waiver which shall continue to be enforceable.

By acknowledging below, I hereby agree that I have read, understood, and will comply with all the terms of this Waiver.