R6, 2020-12-06

NOTE: Mulberry Gap does not accept paper waivers, please submit electronically.

Membership / Liability Waiver

Mulberry Gap Ventures, LLC - Membership & Liability Wavier

Mulberry Gap Ventures, LLC operates Mulberry Gap Mountain Bike Get-A-Way for the purposes of recreation, relaxation and the enjoyment of the outdoors. We are zoned a private club per Murray County, Georgia regulations and all who are guests at Mulberry Gap Mountain Bike Get-A-Way are to be registered guests whether for cabin or campground rental, day rides or special events on and off the property. This is to include shuttle rides, guided rides and supported rides as permitted by the USFS.

Mulberry Gap Ventures, LLC, its members, and employees reserve the right to refuse service to anyone. Upon registration/application, membership status shall be deemed accepted; however, the membership of anyone can be revoked at any time at the discretion of Mulberry Gap Ventures, LLC, formal complaints about its members or employees.

ASSUMPTION OF RISK - There are located on the property two ponds. There shall be no swimming, wading, fishing or entrance into the pond by the guests. Children should not be allowed to roam freely near the ponds and every effort should be made to keep dogs out as well. There is wildlife common to the forest, open woods, fire pits, fallen trees, limbs, roots and rocks which are potentially hazardous. This is a rustic camp, designed to maximize the experience of nature, and therefore, all guests utilize the grounds AT THEIR OWN RISK. We ask that respect be given to pets, ponds, fish, foliage, and facilities. Proper footwear and clothing are recommended (closed footwear after dusk). The applicant is responsible for their own source of lighting after dark. Gates are located at the two entrances to this property. These gates may be closed at night but are not locked at any time while guests are on the premises. This property is an open camp setting, accessible by roads and trails, therefore, please secure all belongings and take all precautions to ensure your safety and the safety of your children, pets, guests and personal belongings.

Waiver of Liability, Assumption or Risk, and Indemnity Agreement

Waiver: In consideration of membership into Mulberry Gap Mountain Bike Get-A-Way, whether an overnight guest, day rider or participant of an event, shuttle service, guided or supported ride, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Mulberry Gap Ventures, LLC, it’s officers, employees, and agents from liability from any and all claims including negligence resulting in personal injury, accidents or illnesses (including death), and property loss arising my time or activities within its boundaries.

Assumption of Risks: Being at Mulberry Gap Mountain Bike Get-A-Way carries inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.

Indemnification and Hold Harmless: I agree to INDEMNIFY AND HOLD HARMLESS the agents of Mulberry Gap Ventures, LLC from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result of my registration and participation of activities at Mulberry Gap Mountain Bike Get-A-Way and to reimburse them for any such expenses incurred.

Severability: The registrant further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Georgia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgment of Understanding: I have read this waiver of liability, the assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend my signature or online acknowledgment to be a complete and unconditional release of all liability to the greatest extent allowed by law. This agreement is binding to all minors and other adult members within my care or reservation

CANCELLATION POLICY:

Initial Reservations: We allow two changes per booking up to six weeks prior to your stay. If excessive changes are made, additional charges may apply.  There is a strict no refund/no credit policy for early departures or no shows.  You may transfer your reservation to another individual if you are unable to fulfill your reservation. Please give us at least 3 days notice if there will be a change in dietary restrictions. Restrictions apply. A cancellation, no show, or early departure that occurs within 7 days of arrival will result in the forfeit of your entire payment.

Cancellations- Standard Reservations:  Cancellations received at least 6 weeks (42+ days), prior to your scheduled arrival date will receive a full refund minus 3% processing fee. A cancellation that occurs within 3 - 6 weeks (21 – 41 days) of your scheduled arrival will not be refunded but will be applied in full toward a future visit within 1 year. A cancellation that occurs within 1 - 3 weeks (8 – 20 days) of your scheduled arrival will not be refunded but will receive 75% credit toward a future visit within 1 year. A cancellation, no show, or early departure that occurs within 7 days of arrival will result in the forfeit of your entire payment.

Cancellations - Special Events:  Cancellations received at least 6 weeks (42+ days), prior to the event start will receive a full refund, less $25 administration fee.  A cancellation that occurs within 3 - 6 weeks (21 – 41 days) of your scheduled arrival will not be refunded but will receive 75% credit toward a future visit within 1 year. A cancellation that occurs within 1 - 3 weeks (8 – 20 days) prior to the event start will receive a 50% credit to use within one year. A cancellation departure that occurs within 7 days prior to the event start, no show, or early departure will result in the forfeit of your entire deposit.

Cancellations - Group Bookings:  Cancellations received at least 6 weeks (42+ days), prior to the event start will receive a full refund, less $25 administration fee per person.  A cancellation that occurs within 3 - 6 weeks (21 – 41 days) of your scheduled arrival will not be refunded but will receive 75% credit toward a future visit within 1 year. A cancellation that occurs within 1 - 3 weeks (8 – 20 days) prior to the event start will receive a 50% credit to use within one year. A $25.00 per person non-refundable deposit is due at the time of reservation. This amount may be transferred to a future date or issued as a credit in alignment with the credit guidelines and time frame above.

I understand and agree to abide by the terms of this cancellation policy.

Click to Initial
I understand and agree to the terms of the cancellation policy

Families & Groups may utilize the same card on file.

Please enter your legal name as it appears on your photo identification.


Please enter the legal names of any minors who will be visiting Mulberry Gap.

Click to Sign
Signature
  

By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.