RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
Mt. San Jacinto Natural History Association
This document affects your legal rights: Read all paragraphs carefully before signing.
ACTIVITY AND ASSOCIATED RISK: I have chosen to participate in the following activity. All mountaineering activities are inherently hazardous, and I may be exposed to dangers and hazards, including some of the following (depending on the nature of the Activity): falls, falling rocks, fractures, concussions, dangerous weather, overexertion, injuries from my lack of fitness or conditioning, hypothermia, hyperthermia, hostile or aggressive wildlife, drowning, death, equipment failures, and negligence of others; as a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and of my property may be damaged; hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Activity; and both the individuals as well as any group associated with this activity assumes no responsibility for providing medical care during mountaineering activities, and I will have to pay for any medical care and/or evacuation that I incur.
ASSUMPTION OF THE RISKS: I hereby certify that to the best of my knowledge I am physically and medically capable of safely participating in this activity, and freely assume the above-mentioned risk and any harm, injury or loss that may occur to me or my property as a result of my participation in the activity or during any transportation to or from the activity-including any injury or loss caused by the negligence of any individuals as well as any group associated with this activity and or other activity participants. I also understand that any equipment that I provide or that I may borrow from any provider I use at my own risk and that any such equipment is provided without warranty about its condition or suitability.
RELEASE OF LIABILITY: I hereby RELEASE MT. SAN JACINTO NATURAL HISTORY ASSOCIATION AND ANY INDIVIDUALS AS WELL AS ANY GROUP ASSOCIATED WITH THIS ACTIVITY, its contractors, the providers of any equipment used in any mountaineering activity, as well as the use of any permits required to gain access for this Activity, ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss of harm that occur to, including during transportation to or from the activity. This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities State Law does not permit to be excluded by agreement. I also agree NOT TO SUE or make claim against the Released Parties for death, injuries, loss or harm that occurs during any activity.
INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during any mountaineering Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for any mountaineering activity provided to me and to follow directions given to me by the leaders of the activity.
INDEPENDENT CONTRACTORS: I acknowledge that California State Parks assumes no responsibility for the actions of any independent contractors providing any services for the activity.
USE OF MY LIKENESS: I understand that during any mountaineering activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to the individuals as well as any group associated with this Activity permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by California State Law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall be construed in accordance with the laws of the state of California, without any reference to its choice of law rules.
I have fully informed myself of the contents of this agreement by reading it before signing it. No oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document. In consideration of the permission to participate in an activity, I agree to the terms contained in this document.
SIGNATURE ________________________________________________________________________________________________ Date ________________________