I, the undersigned, hereby voluntary release, discharge, waive and relinquish any and all claims or causes of action for personal injury, property damage, or wrongful death, no matter how such injuries or damages may occur, which may arise out of or in connection with my participation (or the minor whom I am legal guardian) in Oak Tree Mountain’s entertainment activities (“Attractions”), including, but not limited to: Animal Petting Zoo, Axe Throwing, Bird Aviary, Fishing Ponds, Mountain Express Train, Mountain Slide, Nature Walk, and Play Tree located at 38480 Oak Glen Rd., Oak Glen, CA 92399 (Site).
I UNDERSTAND AND ACKNOWLEDGE THAT OAK TREE MOUNTAIN, LLC ACTIVITIES HAVE INHERENT DANGERS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERTISE CAN ELIMINATE, AND I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF PERSONAL INJURY OR DEATH, WHETHER FORSEEABLE OR NOT, SUSTAINED IN CONNECTION WITH PARTICIPATION ON OR AROUND OAK TREE MOUNTAIN, LLC.
Moreover, the fact that I am here proves that the benefits provided by Oak Tree Mountain, LLC for me, outweigh the described risks. In consideration of the benefits received, I further agree, and hereby forever release and discharge Oak Tree Mountain LLC; OTV Investment Group LLC and all of its enterprises; and all of their respective officers, directors, members, agents, and employees (hereinafter collectively as “releasees”) from any and all liabilities, claims, demands, or causes of action, present or future, known or unknown, that I or my heirs may hereafter have at any time for injuries, damages, or death. Furthermore, under no circumstances will I nor any of my heirs, guardians, legal representatives and assigns present or future bring any claim for personal injury, property damage or wrongful death against RELEASEES or any officer, director, member, agent, servant or employees or RELEASEES, based upon RELEASEES ordinary and/or gross negligent acts or omissions. Such waiver and release includes, but is not limited to those arising from: 1) exercise or use of the Attraction, or adjacent facilities; 2) patent, latent or hidden defective conditions in the Attractions, or premises; 3) improper or inadequate instruction or supervision; 4) medical treatment rendered, or failed to be rendered by Releasees; 5) incidents in wet areas, such as Attraction surfaces, decks, matting, grating, or concrete; 6) equipment breaking or malfunctioning; 7) incidents in the parking facilities or common areas of the Site; 8) and any negligence, passive or active, on the part of Releasees. I further confirm that no safe, lease or bailment of a product is being created, and that Releasees are providing recreational services.
ACCORDINGLY, I WAIVE AND REALASE RELEASEES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION THAT I, OR THE MINOR (WHO I AM SIGNING ON BEHALF OF), MAY HAVE IN CONNECTION WITH OAK TREE MOUNTAIN LLC ATTRACTIONS OR ASSOCIATED USE. I FURTHER AGREE TO DEFEND AND INDEMNIFY (INCLUDING ATTORNEYS FEES) RELEASEES, AND EACH OF THEM, FOR ANY CLAIM OR ACTION THAT IS BROUGHT AGAINST THEM RELATING TO, OR ARISING OUT OF, OR IN ANY CONNECTION TO, OAK TREE MOUNTAIN’S ATTRACTIONS.
I, individually, and/or on behalf of the minor participant listed below, also hereby agree to a blanket release of all the rights related to my audio and photographic image that may arise out of my participation in activities on or around OAK TREE MOUNTAIN LLC attractions. I understand that this release includes any and all marketing, promotion or advertising that may occur anywhere and anytime on any media as later used by RELEASEES or any of their representatives or assigns.
For OAK TREE MOUNTAIN, LLC, OTV INVESTMENT GROUP LLC, AND ALL OF ITS ENTERPRISE, this RELEASE shall be construed and enforced in accordance with the laws of the State of California, and any action at law, suit in equity, or other jurisdictional proceeding arising in connection with this Agreement or my participation on Oak Tree Mountain’s Attractions shall be instituted only in the courts of the State of California with venue in San Bernardino County, San Bernardino, California.
For Oak Tree Mountain, LLC, OTV Investment Group LLC, and all of its enterprises this release and waiver of all Claims and acknowledgement is intended to be broad and inclusive as permitted by law, and if any portion of this document is deemed invalid, the balance shall continue in full legal force and effect. If any disputes arise from or are related to participation on the Oak Tree Mountain’s Attractions, or this document I consent and agree that such disputes and this document shall be construed and interpreted in accordance with and governed by the laws of the State of California without giving effect to conflicts of law shall hold the exclusive jurisdiction of matters arising from or related to participation on the Oak Tree Mountain’s Attractions and its surrounding.
I AM AWARE THAT THIS RELEASE IS LEGALLY BINDING THAT I AM RELEASING LEGAL RIGHTS BY SIGNING BELOW: