PALI CAMP, DBA PALI MOUNTAIN
ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
PLEASE BE ADVISED THAT BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS.
WARNING –Tubing (using a rubber inner tube to slide on snow) and other outdoor activities (referred to as the “ACTIVITIES”) at this facility are potentially dangerous activities, and involve inherent risks. Engaging or participating in any of the ACTIVITIES is done at your own risk. Some of the dangers and risks associated with the ACTIVITIES include, but not limited to, collisions with obstacles (both man-made and natural), collisions with other persons, tubes, or going “off course” and landing in a non-ACTIVITIES area, falling; slick or uneven surfaces; surface and subsurface snow conditions; ice; variations in terrain; downed timber and other forest growth; tree stumps and wells; rocks and debris; marked and unmarked obstacles; collisions; equipment failure, malfunction, or misuse; and limited access to and/or delay of medical attention, all of which can cause a variety of personal harm and/or damage to you and/or your property. BY SIGNING THIS RELEASE AND WAIVER, YOU ACKNOWLEDGE YOUR UNDERSTANDING AND AGREEMENT THAT:
1. Engaging in the ACTIVITIES is potentially dangerous and involves inherent risks, and that you expressly assume the risk of injury which may result from such participation. This applies to all participants including those under the age of 18 for whom a parent or guardian has signed this release and waiver.
2. I hereby release and waive any and all claims, losses, injuries, other damages, including death, that may occur or in any way arise out of, from, are related to, caused by or result from my or the minor (s) participation in any of the ACTIVITIES (collectively, the “claims”) and that I agree to hold Pali Camp and its affiliates, sister companies, suppliers, manufacturers, vendors, officers, directors, employees, agents, assigns, managers, successors in interest, partners, representatives, assignees and any of the owners of the property upon which the ACTIVITIES are operated (hereinafter “Releasees”), harmless from and against such claims, regardless of whether such injury, damage or death was caused by their negligence (to any degree), a breach of warranty, or from any other cause. The scope of this release specifically includes any medical treatment provided, or failed to be provided. Such release applies to the person signing this document and the minor(s) listed below.
3. I agree to indemnify Releasees and hold them harmless from any and all claims, actions, suits, liabilities, expenses, including attorney’s fees, which may be brought by any participant, or anyone on the participant’s behalf (including heirs), as a result of any injury or death related to the participation in the ACTIVITIES addressed herein.
4. I have read and understand the posted rules, regulations and procedures regarding the participation in any of the ACTIVITIES and that I agree to abide by and follow those regulations at all times to minimize the risk of injury.
5. No person under the age of 18 is permitted to participate in any of the ACTIVITIES unless and until the parent or guardian of that person has signed this Agreement. The parent or guardian of such minor shall be solely responsible for that minor.
6. I specifically acknowledge that my signature on/at/in the electronic signature keypad constitutes an original signature to this Agreement and that a reproduced version, copy or other facsimile of my signature may be used as an original of my signature, whether signed by me on my own behalf or by me as the parent or guardian of a minor.
7. By signing this agreement, I agree that Releasees are providing recreational services, and not selling or leasing a product. Hence, Releasees shall not be subject to claims under products liability or warranty causes of action. Please conduct yourself in a responsible and safe manner and be considerate of other while participating in the ACTIVITIES. Photo release: Many areas of the facility are filmed via CCTV video, and/or photos are periodically taken of the operations throughout the day. BY SIGNING THIS DOCUMENT, I, AND ON BEHALF OF THE MINOR(S) BELOW, CONSENT TO THE SAME, AND AUTHORIZE THEIR USE BY RELEASEES.
8. I authorize the Releasees to call for medical care for participant or to transport participant to a medical facility or hospital if, in their opinion, medical attention is needed. I agree to pay all costs associated with such medical care and related transportation.
9. By accepting this Agreement on behalf of any Participant other than myself, I am representing that I have the legal authority to execute this Agreement as either the parent or legal guardian of the participant or that I have been given the express authority and permission from the legal guardian of the participant(s) to accept the terms of this Agreement on each of their behalf, and that by doing so, I am agreeing to be personally responsible for any claims brought by any other participant, should they refuse to accept the terms of this Agreement.
10. If any provision of this Agreement is disputed, jurisdiction for such dispute shall be in the Superior Court in San Bernardino county, San Bernardino, California. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable to the fullest extent permitted by law. This Agreement shall be binding upon my successors and assigns, heirs, next of kin, executors and personal representatives.
I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND ACCEPT IT, ON BEHALF OF MYSELF AND PARTICIPANT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE BY SIGNING BELOW AND/OR I ACCEPT IT BY USE OF THE ACTIVITIES.