This Release of Liability, Indemnification, Assumption of Risk and Compliance with Laws Agreement (“Release Agreement”), is between Save the Redwoods League (“League”) and the undersigned individual (“Participant”) for HIKING (“Activity”) on HAROLD RICHARDSON REDWOODS RESERVE (“Property”) owned by the League.
I, Participant, acting through and/or with the consent of my Legal Guardian (if undersigned Participant is under the age of eighteen (18)) understand that a signed copy of this Release Agreement must be submitted to the League prior to my participating in the Activity. In consideration for permission to participate in the Activity, I, Participant, with the consent of my legal guardian, agree as follows:
(1) Involvement and participation in the Activity present foreseen or unforeseen risks, including but not limited to, bodily or personal injury, illness, death, loss or damage to personal property and other safety-related dangers from exposure to various hazards inherent in the Activity. These risks include, but are not limited to, imperfect and unstable trail conditions, wild animals, slippery rocks and soils, steep cliffs, stream crossings, non-potable water, stinging or biting insects, poisonous snakes, rodents carrying diseases, unstable weather conditions, earth movement, poison oak, ticks, falling branches or trees or rocks, rugged road conditions, getting lost, contact with other participants, and/or exposure to disease-causing viruses, bacteria or parasites, transmission of Covid-19 and absence of medical attention.
(2) Walking, hiking, running, performing any type of voluntary work, voluntary use of tools and equipment, voluntary use of personal vehicle or riding in League or League Partner vehicle is a potentially hazardous activity. I assume all risks associated with any and all accidents, injuries and illness due to my voluntary use of tools, equipment or vehicles during the Activity and I shall only participate if medically able and properly trained.
(3) During the Activity there may not be rescue or medical facilities or medical expertise necessary to deal with any injuries and damages. In the event of an illness, injury or medical emergency, I hereby authorize and give consent to League to provide immediate medical care and authorize emergency medical treatment on my behalf as it deems appropriate. I agree that League assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized medical care and/or emergency medical treatment. I agree that any such action by League shall be subject to the terms of this Release Agreement. I agree to be fully responsible for payment of any and all medical care rendered, including but not limited to, medical transport, evacuation, emergency procedures, medications, treatment, services and hospitalization.
(4) Participation in the Activity is voluntary and I assume all risks, consequences, and liability, foreseen or unforeseen, related to or resulting from my participation in the Activity. I acknowledge that League has not made any representation or warranty as to the condition(s) of the Activity. I agree that without this Release Agreement, League would not be able to offer the Activity. I understand that League reserves the right to postpone or cancel the Activity or parts of the Activity at any time for any reason.
(5) RELEASE OF LIABILTIY AND INDEMNIFICATION. I agree to release, waive and discharge from any and all liability and to indemnify, defend and hold harmless the League and its employees, staff, board of directors, members, instructors, volunteers, sponsors, and their representatives and assignees against, and to hold the same parties harmless of and from: (a) any and all losses, claims, causes of action, damages, debts, penalties, liabilities, demands, costs, and expenses of any kind or nature whatsoever (including, without limitation, attorneys’ fees) for injury or damage to me or my property, or for my death, arising from my participation in the Activity whether or not arising in whole or in part from the negligence or other acts of League or any of its employees, staff, board of directors, members, instructors, volunteers, sponsors, and their representatives and assignees; and (b) any and all losses, claims, damages, debts, penalties, liabilities, demands, costs, and expenses of any kind or nature whatsoever (including, without limitation, attorneys’ fees) for any injury or damage to any person or property, or for the death of any person, to the extent caused by me during my participation in the Activity. I further agree to reimburse the League for any and all expenses relating to (a) and (b) above.
(6) ASSUMPTION OF RISK. I acknowledge the risks and agree to assume any and all risks of injury, death or property loss that may be associated with or result in any way from my participation in the Activity or Activity-related activities.
(7) COMPLIANCE WITH LAWS. I agree to comply with and abide by all applicable Federal, State, County and local statutes, regulations and guidelines in the conduct and course of the Activity. I agree to abide by the Center for Disease Control recommendations for the prevention of the transmission of COVID-19 and further agree to abide by any COVID-19 distancing and other safety guidelines issued by the Federal government, State, County, local statutes, regulations and guidelines or the League.
(8) COVENANT NOT TO SUE. I agree to not make a claim of any kind against, attach the property of, or file a lawsuit against the League in connection with my participation in the Activity regardless of the sole or partial fault or negligence of the League. However, I agree that any lawsuit filed against the League shall be filed in the San Francisco County Superior Court in the State of California, or the United States District Court for the District of Northern California. I agree that if any term of this Release Agreement is determined to be unenforceable, all other terms shall remain in full force and effect. This Release Agreement shall be administered and interpreted under the laws of the State of California.
(9) LEGALLY BINDING. I have read this Release Agreement, fully understand and accept its terms, and acknowledge that by signing below, I am giving up substantial rights, including the right to file suit or make any other legal claim in the event of injury or death to me or my property. I confirm that I freely, unconditionally and intentionally release the League from any and all liability to the greatest extent allowed by law. I confirm that I understand my obligations to indemnify, defend and hold harmless the League regardless of the sole or partial fault or negligence of the League. This Release Agreement is binding upon myself and my heirs, assignees, executors, administrators, representatives, legal guardians, next of kin, spouse and any other person who is acting on my behalf or on behalf of my estate.
Participant is under the age of eighteen (18) and Participant’s parent and/or legal guardian (“Legal Guardian”) consents to Participant’s signing of this Release Agreement, acceptance of its terms and participation in the Activity.
The Legal Guardian has read this Release Agreement, fully understands and accepts its terms, and understands that by signing below, is giving up substantial rights available to itself and Participant, including the right to pursue legal action. By signing this Release Agreement, the Legal Guardian, freely, unconditionally and intentionally releases the League from any and all liability to the greatest extent allowed by law on behalf of itself and Participant.
