BRUSHWOOD FOLKLORE CENTER, LLC
WAIVER OF LIABILITY, RELEASE & ASSUMPTION OF RISK
Effective Date: January 1, 2026
I understand that camping and participation in activities, programs, and events at Brushwood Folklore Center, LLC, located at 8881 Bailey Hill Road, Sherman, NY, involve inherent risks, including but not limited to uneven terrain, weather conditions, wildlife, campfires, bonfires, ceremonial fires, any other open-flame activities, recreational activities, structures, and the actions of other participants.
I voluntarily choose to enter the property and participate in activities with full knowledge of these risks and assume full responsibility for my own safety and the safety of any minor children or guests for whom I am responsible.
Release of Liability: To the fullest extent permitted under New York law, I release and agree not to sue Brushwood Folklore Center, LLC, its owners, officers, employees, volunteers, contractors, sponsors, and agents (“Released Parties”) from any claims for injury, illness, death, or property damage arising out of my presence on the property or participation in activities, except to the extent caused by gross negligence or willful misconduct of the Released Parties.
Indemnification: I agree to defend, indemnify, and hold harmless the Released Parties from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising from my actions, the actions of those for whom I am responsible, or my violation of campground rules or instructions.
Property & Personal Responsibility: I understand that Brushwood Folklore Center, LLC is not responsible for loss, theft, or damage to personal property, vehicles, RVs, campers, or equipment. I accept responsibility for damage I cause to campground property or to third parties.
Third-Party Events: I acknowledge that some events or activities may be hosted by third parties. Brushwood Folklore Center, LLC is not responsible for the acts or omissions of event sponsors, instructors, or other participants.
Minors: I represent that I am the parent or legal guardian of any minor listed below and consent to their participation, agreeing to this waiver on their behalf.
Rules Acknowledgment: I acknowledge that I have received, read, and agree to comply with the Brushwood Campground Guidelines and Pool Rules, as they may be updated from time to time. I understand that failure to follow these rules may result in removal from the property without refund and may increase the risk of injury to myself or others.
I understand that the pool and related amenities are used at my own risk, that no lifeguard may be on duty, and that I am solely responsible for supervising any minor children or guests for whom I am responsible.
I agree that violations of the Brushwood Campground Guidelines and Pool Rules may result in loss of privileges and that Brushwood Folklore Center, LLC is not responsible for injuries or damages resulting from my failure, or the failure of those in my care, to follow posted rules or staff instructions.
Venue & Governing Law: Any dispute arising from this agreement shall be brought exclusively in Chautauqua County, New York, and governed by New York law.
Severability: If any portion of this agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
Acknowledgment & Electronic Signature: I acknowledge that I have read and understand this agreement and am signing it voluntarily. I understand that electronic acceptance or signature has the same legal effect as a handwritten signature.