CAMP OUT POCONOS 2024 Membership Agreement and Waiver of Rights In consideration of my acceptance to membership and intending to be legally bound by this document and on behalf of myself, I assume sole responsibility for the safety of my person and property and of all persons staying with me and my guests and their property while at the property located at 446 Mt. Nebo Road, East Stroudsburg, Pennsylvania 18301 (hereinafter, “the Property”) and owned by Crosswood Properties, LLC, doing business as Camp Out Poconos (hereinafter, “Camp Out Poconos”). I acknowledge by signing this waiver that I am entering a campground with limited improvements, and I am here for the express purpose of enjoying the rustic outdoor environment. I acknowledge and understand that some paths and roadways are unpaved, that the swimming pool is to be used at my own risk and will not be attended by a lifeguard or other personnel, and that security guards are not always present. I further acknowledge and accept that the wildlife and natural condition of the land poses a risk of injury to myself, persons staying with me and my guests. I accept that any of the above and other conditions on the Property may pose a risk of injury, including serious physical injury, economic losses, permanent disability or death. I acknowledge and voluntarily agree by signing this waiver and release that I am waiving and release any and all of my rights to hold Camp Out Poconos and Crosswood Properties, LLC and their owners, members, employees, officers, principals, contractors and agents liable for any damages, losses or injuries that I may sustain either as the result of my own action or omission or by engaging in any sport or activity either alone or with other persons who may be at the campground. I waive any claim at law or equity which might arise, and I bind my heirs, executors and administrators to this agreement. I further agree to hold harmless, defend, and indemnify Camp Out Poconos and Crosswood Properties, LLC, and their members, affiliates, officers, directors, partners, agents, contractors, servants, and/or employees from and against any and all demands, suits, judgments, settlements, claims, damages to persons and/or property, fines, liens, losses and any and all other damages and liabilities, including reasonable attorneys’ fees arising out of or in any way related to my own action or omission or the action or omission of persons staying with me or of my guests or by my engaging in or by persons staying with me or my guests engaging in any sport or activity either alone or with other persons who may be at the Property, including, but no limited to, claims for loss or damage to property or for death or injury to any individual. I understand that Camp Out Poconos is an “alternative” campground catering to adult patrons age 21 and older who identify as part of the LGBTQIA community, and I am not offended by patrons who identify as part of the LGBTQIA community. I understand that Camp Out Poconos has no responsibility to inform any guests or visitors of the nature of its patrons. I agree to follow all of the Rules and Policies of Camp Out Poconos, having acknowledged receipt of a copy of those Rules. I acknowledge that by being at Camp Out Poconos, my image may be present in photos taken at events and activities for the purpose of Camp Out Pocono’s social media accounts or website. I understand that any violation of the Rules or Policies can result in a revocation of my membership by Camp Out Poconos. I agree to pay membership dues in the amount of $40 for the 2024 Season (January 1st to December 31st). Membership dues are non-refundable. This 2024 Membership Agreement and Waiver of Rights applies only to the 2024 Season (January 1st to December 31st). Membership for future seasons will require adherence to a new agreement and additional dues paid. *Membership applies to open season* This 2024 Membership Agreement and Waiver of Rights constitutes the entire understanding of the parties with respect to the subject matter hereof and may not be modified except by an instrument in writing and signed by the parties. Any execution by myself and Camp Out Poconos of a Seasonal Camping License Agreement and/or a Seasonal Site Reservation Agreement shall not modify the terms set forth herein. LIMITATIONS OF LIABILITY. A. No Consequential Damages. CAMP OUT POCONOS AND CROSSWOOD PROPERTIES, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. B. Limits on Liability. CAMP OUT POCONOS AND CROSSWOOD PROPERTIES, LLC SHALL NOT BE LIABLE FOR CUMULATIVE, AGGREGATE DAMAGES GREATER THAN THE AMOUNTS PAID AND PAYABLE BY MEMBER TO CAMP OUT POCONOS UNDER THIE TERM OF THIS AGREEMENT COVERING THE DATE ON WHICH THE CLAIM FIRST ACCRUED, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. WAIVER OF JURY TRIAL MEMBER HEREBY INTENTIONALLY, KNOWINGLY, VOLUNTARILY, EXPRESSLY AND MUTUALLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (1) ARISING UNDER THIS AGREEMENT OR (2) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO MEMBER’S USE OF THE PROPERTY, WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER IN CONTRACT OR TORT OR OTHERWISE, AND MEMBER HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY. I agree that this agreement shall be governed by the laws of the Commonwealth of Pennsylvania, and any disputes hereunder shall be resolved exclusively in the Court of Common Pleas of Monroe County, Pennsylvania. ________________________________ Member’s Name ________________________________ Signature _____________ Date ________________________________ Member’s phone number ________________________________ Member’s email address

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