LONG LAKE RESORT, L.L.C.
Guest Agreement
Welcome to Long Lake Resort (“Long Lake”)! We encourage you to fully enjoy the area, the beauty of nature and the use of all available hiking trails, cabins/duplexes, Splash Pad and Special Activities at Long Lake.
Guest Acknowledgements.
I am aware and acknowledge that (i) there are a variety of known and unknown significant risks and dangers associated with activities in a natural environment, which can lead to serious injury, illness, permanent disability, paralysis, death, or other damage or loss to person or property, and that these inherent hazards can occur during participation in Long Lake’s Special Activities, while walking, running, or transporting any person on a Long Lake motor vehicle; (ii) I am responsible for each member of my guest party, and I will diligently guard the safety of all others in my guest party; (iii) I am in a remote area that is not reasonably close to emergency medical facilities, and that the inability to quickly obtain medical aid or assistance increases the risk of serious injury; (iv) I have received instructions on the location of the nearest medical facility; (v) swimming is not allowed at Long Lake; (vi) neither I nor any member in my guest party will engage in any activities, including, but not limited to, fishing, boating, canoeing, kayaking, outdoor camping, horseback riding, bison viewing, animal petting, disc golf, horseshoes, splash pad/playground, bicycles, hiking, or golf carts (collectively, the “Special Activities”) unless we agree to abide by the terms, conditions and rules for Special Activities provided herein and on the reverse side hereof; (vii) I will be responsible for the supervision and safety of each minor (under 18) in my guest party when they participate in any Special Activity; (viii) I will only drive vehicles and golf carts on established roads at 17 mph or under (avoiding yards and pastures); (ix) the use of any “all terrain” vehicle, whether owned by Long Lake or owned or supplied by any guest or other third person, is strictly prohibited; (x) quiet time is 11 pm to 7 am (no exceptions); (xi) buffalo and ponies are not to be fed; (xii) fires are only permitted in fireplaces and Long Lake’s existing firepits, and any fires are to be actively supervised; (xiii) only pre-cut firewood provided by Long Lake is to be burned (guests must not drag wood up from the woods); (xiv) I will be subject to a $50 fee if any member of my guest party burns firewood in the charcoal grill; (xv) all members in my guest party have been registered at the office; (xvi) there is no smoking in cabins); and (xvi) I have obtained parking permits for all vehicles associated with my guest party.
Members of Guest Party
Total # of guests in guest Party(Required) Total # of adults(Required) Total # of children(minors under 18)(Required) Acknowledgments, Release & Indemnity.
I understand that the risks and items listed in the Guest Acknowledgments above is not a complete list, and that there may be other risks, whether known, unknown or unforeseeable, which may also result in death, serious injury or other loss to person or property. I agree that I, for myself, and on behalf of all adults and minors in my guest party, personally assume all risks, whether foreseen or unforeseen, in connection with activities at Long Lake. By signing below, I understand, acknowledge, and agree that neither Long Lake nor its owners, officers, managers, employees, staff, contractors, volunteers, representatives, or agents (collectively, the “Related Parties”) may be held liable in any way, and I hereby RELEASE, WAIVE, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS Long Lake and the Related Parties from and against all claims (including any claims relating to first-aid, medical treatment, or lack thereof), demands, causes of action, damages, expenses, losses, and liabilities (including attorneys’ fees and costs) for any injury, illness, permanent disability, death, property damage or other damages to me or any other person in my guest party, or my, his or her estate, heirs, personal representative, family or successors arising out of or in any way related to our stay, participation in the Special Activities or other activities, or any other occurrence at Long Lake, including, but not limited to, all items listed in the Guest Acknowledgments above, regardless of the cause or negligence of Long Lake or one or more of the Related Parties.
Payment, Lien, Termination & Attorney Fees.
By signing below, I agree to pay Long Lake for any accommodations, services and/or Special Activities or other activities utilized by me or members in my guest party according to the standard rate schedule currently in effect. I further agree to pay Long Lake for any damages and/or necessary repairs caused by me or any other member in my guest party. If I, or any member of my guest party cause any damage to any improvements or to the natural terrain, through littering, fire, off-road driving, misuse or reckless use of equipment, or any other means, Long Lake reserves the right to immediately terminate either my and/or the entire guest party’s stay at Long Lake, cease any further Special Activities or other activities of the guest party, and collect the full amount due under this Guest Agreement. I, along with all other adults in my guest party, expressly agree that this Guest Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Oklahoma, and that this Guest Agreement shall be governed by and interpreted in accordance with the laws of the State of Oklahoma. I agree that in the event that any portion of this Guest Agreement is deemed invalid or unenforceable, the remainder of this Guest Agreement shall remain in full force and effect and any invalid provision may be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Agreement. If any action at law or in equity is necessary to enforce the terms of this Guest Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney fees, incurred to enforce such prevailing party’s rights hereunder.
Guest parties with three (3) or more adults must provide signatures and phone numbers for at least two (2) adults from the guest party. By signing this Guest Agreement, each adult signing below acknowledges and expressly agrees to the terms, conditions and rules provided in this Guest Agreement and Long Lake’s “Published Guest Rules” in effect from time to time and subject to change at Long Lake’s discretion:
Name of Primary Adult Guest Responsible for Guest Party(Required)
First
Last
Primary Adult Signature(Required) If filling out on a mobile device, please rotate your device so you have more room for your signature.
Address(Required)
Vehicle Description(Required)
e.g. Make / Model / Color
Name of Second Adult Guest Responsible for Guest Party(Required)
First
Last
Second Adult Signature(Required) If filling out on a mobile device, please rotate your device so you have more room for your signature.
Signature of Card Holder(Required) If filling out on a mobile device, please rotate your device so you have more room for your signature.
Special Activities
By signing on the Guest Agreement on the reverse side, you hereby agree, for yourself and on behalf of all adults and minors in your guest party, that, while participating in Special Activities at Long Lake, each participant will (i) determine their suitability, medical or otherwise, for any activity the participant may undertake (ii) have reasonable skill, experience and familiarity with the applicable activity; (iii) be accompanied by an adult over 18, if a minor; (iv) obtain appropriate and adequate instruction on the proper operation of any equipment used or provided; (v) abide by all instructions given by Long Lake and/or Related Parties; and (vi) safely operate any equipment in accordance with those instructions. I acknowledge that neither I nor any member of my guest party will engage in any activities that are beyond the participant’s physical capabilities, and that such participant has no medical or physical conditions which could interfere with their safety during the applicable activity, or else such participant is willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. I understand that participation in Special Activities and use of any Long Lake equipment may be revoked by Long Lake at any time for any reason.
Boating/Canoeing/Kayaking. No individual may engage in boating or canoeing activities alone. All participants must wear life vests at all times (child life vests are located on the kayak rack). Boats, canoes and kayaks must be returned at the scheduled return time and participants are responsible for removing all trash from boat/canoe/kayak rentals after use. Participants are responsible for the condition of the boat/canoe/kayak issued to the participant regardless of the individuals in the guest party that may be operating the boat/canoe/kayak. Removal of boat seats is prohibited. Long Lake boats are battery operated and are intended for fishing. Optimum battery life is achieved when the boat is not put into high gear. If a participant runs the boat in high gear, drains a battery, and then switches to another battery, the participant may be responsible for battery replacement as this process can cause the trolling motor to burn up or cause the battery to melt. If damage occurs to the boat, I agree to return the boat immediately. I agree that I am responsible for the condition of the boat during the rental regardless of who is operating it. The 2-man boat is limited to 2 participants (under 500lbs total) and the flat bottom boat is limited to 2 participants (under 500lbs total). Fishing at Long Lake is catch and release; however, participants may keep catfish, perch and up to 30 crappie per guest party. When fishing near trees, I agree to adjust the motor accordingly to not damage the boat or the motor.
Outdoor Camping. I, and my guest party, will furnish all equipment needed for outdoor camping. Campfires will be started only in designated areas and will be continually monitored by me, or members of my party, until “cold.”
Horseback Riding. Horseback riding at Long Lake is protected by an Oklahoma law entitled, “Oklahoma Livestock Activities Liability Limitation Act” (76 Okla. Stat. § 50.1 – 50.4) (the “Livestock Act”) which limits liability for injuries to any person engaged in livestock activities, such as recreational horseback riding, when such injuries result from the inherent risks of livestock activities. Long Lake and the Related Parties will not be held liable for damages sustained by any person (such as a rider or another individual that comes near a horse from the ground) or for any accidents or injuries to or involving any horse or equipment. I have read and understand the Livestock Act. I have been fully warned and advised by Long Lake that protective headgear should be warn while participating in horseback riding activities or when otherwise being near horses or other livestock. I understand that no horse is a completely safe horse and that if a horse is frightened or provoked that it may act in accordance to its natural survival instincts such as stopping short, changing directions or speed at will, shifting its weight, bucking, rearing, kicking, biting, striking or running from its perceived danger.
Bison Viewing. Long Lake is home to a variety of animals, including a small herd of bison. Our herd is enclosed in a corral for the safety of our guests and bison. Bison viewing at Long Lake is also protected by the Livestock Act which limits liability for injuries to any person engaged in livestock activities, such as the agritourism activities involving the viewing of bison, when such injuries result from the inherent risks of livestock activities. Long Lake and the Related Parties will not be held liable for damages sustained by any person or for any accidents or injuries to or involving any bison. I have read and understand the Livestock Act. I have been fully warned and advised by Long Lake that I and other members (and pets) of my guest party should, at all times, maintain a safe distance from the bison while participating in bison viewing activities or when otherwise being near the bison’s enclosure. Guest are not permitted to contact the bison, feed the bison, or enter the bison’s enclosure. I understand that the bison are wild animals and that if a bison is frightened or provoked that it may act in accordance to its natural survival instincts such as charging, stampeding, bucking, rearing, kicking, biting, striking, or running at or from its perceived danger.
Golf Carts and Bicycles. Golf Carts and bicycles may be reserved at the office. Golf carts must remain on Long Lake grounds at all times. Golf carts can carry a maximum of 4 people and all passengers must be seated at all times when a golf cart is in motion. The weight limit for the back-bench seat in a golf cart is 250lbs. Operators of golf carts must be i) aware of how to operate a golf cart safely; ii) abide by any and all instructions appearing on the golf cart; iii) be 16 years of age; and iv) have a valid driver’s license. I agree that I am responsible for the condition of golf cart regardless of who is operating it. No passengers are permitted on bicycles. Use of alcohol or tobacco products while operating golf carts or bicycles is prohibited.
Splash Pad/Playground. The splash pad/playground is an unsupervised facility and you, and your guest party, use the splash pad/playground at your own risk. An adult must accompany minors under 10 in the splash pad area. Proper attire must be worn for the splash pad (sandals, water shoes, flip flops or appropriate deck wear are recommended). Food and drinks are prohibited in the colored concrete splash pad area. No alcohol, glass, wheeled vehicles, skateboards or roller blades are allowed in the splash pad area (strollers, walkers and wheelchairs are permitted).
Other Activities. Other activities may be available from time to time, such as hiking, horseshoes, disc golf, petting barn, etc. I and my guest party acknowledge that there are risks of injury, foreseen and unforeseen while participating in other activities at Long Lake. You should contact the office for information concerning other activities available to Long Lake guests.
