POOL WATER SUPPLY
ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION AGREEMENT
In consideration of Night in the Country Music Festival, LLC, a Nevada non-profit corporation (“NITC”),
providing water to the undersigned for use in a temporary, private swimming pool during the 2016 Night
in the Country Music Festival (“NITC”) in Yerington, Nevada, the undersigned hereby fully agrees to and
makes the following contractual representations, warranties, and commitments to NITC.
I understand that the NITC is agreeing to provide an initial supply of water for a temporary, private
swimming pool during NITC, but NITC is under no obligation to re-fill the pool at any time. I understand
further that NITC is not responsible for the installation, maintenance, or operation of the pool, and I bear
all such responsibility. INITIAL_____
I understand and agree that NITC is not making and has not made any representation or warranty, express
or implied, with respect to the quality or suitability of the water being delivered for the private pool.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
WATER IS BEING PROVIDED "AS IS" WITHOUT WARRANTIES,
CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND,
EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, OR
FITNESS FOR A PARTICULAR PURPOSE.
INITIAL_____
I fully acknowledge, understand, and agree that Nevada Administrative Code (NAC 444.258(1)) prohibits
any person from operating a public bathing or swimming facility without an operating permit from the
health authority. I agree to comply with this legal prohibition and represent and warrant to NITC that I
will not operate my private swimming pool as a public bathing or swimming facility in violation of
Nevada law and regulation, including but not limited to NAC 444.258(1). I accordingly agree that I will
not make my pool available to the public for the public’s use. INITIAL_____
I fully acknowledge, realize, and understand the dangers of installing, maintaining, operating, and using a
swimming pool and associated activities, and I voluntarily assume any and all risks associated with or
related to such activities. I understand these risks include, by way of example only and without
limitation, the following: serious physical injury, mental trauma, or death resulting from (i) a fall, (ii) an
equipment failure, (iii) weather conditions, (iv) physical exertion, or (v) a communicable or infectious
disease or illness however caused. INITIAL_____
I understand that installing, maintaining, and using a swimming pool and associated activities are
inherently dangerous activities, and that no one, including NITC and its directors, employees, and agents,
can guarantee my safety while engaging in such activities. I understand all of the risks and dangers which
arise from these activities and knowing those risks and dangers, it is my wish to install, maintain, operate,
and use a swimming pool during NITC. INITITAL_____
I agree that is my responsibility to install, maintain, operate, and use the swimming pool and engage in all
other associated activities in a safe and responsible manner that does not endanger myself or others. I
agree that it is my responsibility to become familiar with the property on which the pool is located and to
be knowledgeable at all times of the condition of the pool and the location and activities of others. I
understand and agree that NITC has no responsibility and shall not be responsible for the installation,
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maintenance, operation, or use of the pool, its water quality, or supervising any activity associated with
the pool. I further understand and agree the no lifeguards will be stationed for any pool used during
NITC, and NITC is not assigning personnel to oversee or supervise the installation, maintenance,
operation, and/or use of a swimming pool and associated activities. INITIAL_____
I agree that I will inform anyone who uses the pool of the terms and conditions of this Pool Water Supply
Assumption of Risk, Release, and Indemnification Agreement, and notify them that, as a condition to
using the pool, they are bound by the terms and conditions of this Pool Water Supply Assumption of
Risk, Release, and Indemnification Agreement. INITIAL____
For myself and any person using the pool, and for my and their heirs, executors, administrators, legal
representatives, assignees and successors, I hereby release, forever discharge, and agree not to sue NITC
and its directors, employees, agents, affiliates, legal representatives, successors, and assigns, from any and
all liability, claims, loss, cost or expense, including, but not limited to, those arising from property
damage or loss, bodily injury, mental trauma, or death, related to the installation, maintenance, operation,
and/or use of a swimming pool and associated activities. All such claims are hereby waived whether such
claims now exist, or may hereafter arise against the above released persons however caused.
INITIAL_____
I hereby agreed to indemnify and hold harmless NITC and its directors, employees, agents, affiliates,
legal representatives, successors, and assigns from and against any and all claims, demands, and actions,
and any liabilities, damages, or expenses resulting therefrom, including, without limitation, court costs
and reasonable attorneys’ fees, arising out of or relating to any breach of any representation or warranty
of this agreement, and/or the installation, maintenance, operation, and/or use of a swimming pool and
associated activities, including but not limited to claims asserted by third parties resulting from my
actions. INITIAL_____
I have carefully read this Pool Water Supply Assumption of Risk, Release, and Indemnification
Agreement and understand its contents. I am aware that this is a release of liability, a waiver of claims,
an agreement not to sue, and an agreement to indemnify NITC, and is contractually binding on me, and
which shall bind me and my successors and assigns. INITIAL_____
Signature:____________________________
Name:_______________________________
Date:________________________________
Campsite:_____________________________
Cell Number:__________________________
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