WAIVER & RELEASE OF LIABILITY
I, the undersigned, execute this Waiver & Release of Liability (“Release”) in favor of Tribe Together dba 805 Connects and its affiliates, owners, vendors, employees, contractors, agents and representatives (collectively, “Released Parties”) in connection with my voluntary participation in the (“Activity”).
In consideration for Tribe Together dba 805 Connects consent to my participation in the Activity, I hereby affirm that I fully understand and agree to the following:
1. My participation in the Activity is strictly voluntary, and I assume all risk associated with my participation in the Activity, including, without limitation, personal injury or economic loss. I acknowledge that weather conditions are not guaranteed to be favorable on the date and time scheduled for the Activity. I agree at all times when participating in the Activity to abide by and comply with any instructions given by my tour guide or any other Tribe Together dba 805 Connects staff and I accept that non-compliance may result in personal injury, death or economic loss, as well as my removal from the Activity.
2. I agree that Tribe Together dba 805 Connects is not liable for delay or cancellation resulting from acts of participants, agents, employees, acts of God, or fire, natural disaster, strikes or civil disturbances.
3. I agree to grant to Released Parties an irrevocable, sub-licensable, non-exclusive, perpetual, royalty-free right to use my name, photographic, video or digital likeness, voice and information about me, in any manner as any of the Released Parties may elect without further approval, notification or compensation unless prohibited by law, in all media now known or hereafter devised, including but not limited to use for promotional and/or commercial purposes.
4. I do hereby waive, release and agree to indemnify and hold harmless the Released Parties, from and against any and all claims, losses, liabilities, damages, costs or expenses (including without limitation attorney’s fees, at market rates, and costs) associated with, arising out of or in connection with my participation in the Activity. I acknowledge and agree that this Release applies to all claims for any injury, illness, death, loss or damage that I may suffer and of whatever nature, no matter how serious and whether or not resulting in death and/or destruction of any personal property, regardless of how or by whom such injury or damage is caused, whether known or unknown, or foreseen or unforeseen, in connection with the Activity, even though such liability may arise out of the negligence or carelessness on the part of any of the Released Parties. I am aware of the provisions of Section 1542 of the California Civil Code, which Section reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
I expressly waive and relinquish all rights, benefits and the protection of California Civil Code Section 1542, as well as any other laws of similar effect in any other state or jurisdictions.
5. This Release (i) shall be binding upon my spouse, heirs, successors-in-interest and personal representatives to the fullest extent permitted by law and (ii) is subject to the laws of the State of California, and all disputes which occur regarding this document shall be resolved in accordance therewith in the venue of Ventura County, California. This Release represents the complete understanding of the parties, and no modification of its terms shall be effective unless in writing and signed by both parties.
I HAVE CAREFULLY READ AND UNDERSTAND THIS RELEASE. I UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY AND WAIVER OF MY LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF MY INJURY, DEATH OR THE DAMAGE OR DESTRUCTION OF MY PERSONAL PROPERTY. I VOLUNTARILY ASSUME ALL RISK KNOWN OR UNKNOWN OF INJURIES, ILLNESS, DEATH, LOSS OR DAMAGE, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT OF THE LAW. I UNDERSTAND THAT THIS IS A BINDING AGREEMENT BETWEEN MYSELF, Tribe Together dba 805 Connects AND THE OTHER RELEASED PARTIES, AND I SIGN/CHECK IT VOLUNTARILY
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)
This is to certify that I, as parent or legal guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Released Parties, and for myself, my spouse, heirs, successors-in-interest and personal representatives to the fullest extent permitted by law, I release and agree to indemnify and hold harmless the Released Parties from any and all liabilities incident to my minor child’s involvement or participation in the Activity as provided above to the fullest extent permitted by law.
