GENERAL RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
In consideration of my (alternatively, "I", "me", "myself", "Registrant") use and enjoyment of the facilities, premises, grounds, and structures that comprise Camp Navarro, and the availability and use of equipment and/or participation in activities while on or about the facilities, premises, grounds, and structures of Camp Navarro, whether such activities are provided by Camp Navarro or unaffiliated third-parties (collectively the "Camp and its Activities" as more specifically defined hereinafter), Registrant hereby agrees and represents as follows:
1. The Camp and its Activities Generally. I UNDERSTAND THAT INJURIES MAY OCCUR TO ME AND OTHERS FOR WHOM I AM LEGALLY RESPONSIBLE. In this regard, I understand the use and enjoyment of the Camp and its Activities is INHERENTLY DANGEROUS, and the required exertion and skill levels can range from moderate to very high depending upon how I decide to use and enjoy the Camp and its Activities. I understand Camp Navarro is located in a somewhat remote, rural to semi-wilderness area and that speedy medical attention may not be available, if at all. Also, due to the remote, natural setting of Camp Navarro, nighttime lighting is at a minimum which increases the possibility of slips, falls, and collisions with natural and man-made objects. I understand it is my responsibility to exercise due care in my use and enjoyment of the Camp and its Activities, and to follow all instructions, guidance, and warnings given by Camp Navarro Stewards, LLC and its duly authorized representatives, intended for my safety. I also understand that the risks inherent in my use of the Camp and its Activities may arise as a result of either man-made conditions and/or naturally occurring conditions, and that not all dangerous conditions will be readily apparent, nor marked as dangerous, nor made safe prior to my use and enjoyment of the Camp and its Activities. However, regardless of the care taken by Camp Navarro Stewards, LLC and me to avoid injuries, I understand risks are inherent in connection with my use of the Camp and its Activities, and cannot be totally eliminated or made safe, nor identified as a risk prior to my use thereof. I further understand these inherent risks include but are not limited to trips, burns from fires (including camp fires and forest fires) and hot equipment, falls, collisions with other participants and inanimate objects, slipping in the bathrooms or showers, unexpected equipment failures, unknown or hidden facility hazards, natural hazards such as falling and fallen trees, uneven and dangerous terrain, wildlife, and insect bites, man-made hazards such as old mining and lumber cutting and milling operations, careless behavior by me or other participants, errors in judgment by Camp Navarro Stewards, LLC employees and agents, and injuries caused by negligence on the part of Camp Navarro Stewards, LLC or its employees and agents, me, or other participants. Possible injuries include everything from minor muscle soreness, bruises, sprains, abrasions, and lacerations, to more serious injuries such as sprained ankles, broken bones, knee injuries, shoulder injuries, back sprains, neck sprains, internal injuries to major organs, closed head injuries, and chipped or broken teeth, as well as catastrophic injuries such as permanent disabilities, spinal injuries, paralysis, and even death.
2. Assumption of Inherent Risks. I understand that my use and enjoyment of the Camp and its Activities involves inherent risks, both those described herein and other risks, that are serious and that may involve dangers regardless of the care taken by Camp Navarro Stewards, LLC. I realize my use and enjoyment of the Camp and its Activities require some degree of skill, coordination, and physical fitness. I have read the previous paragraph and I know the nature of the Camp and its Activities, understand the demands to be placed upon me relative to my physical condition and skill level, and appreciate the types of injuries that can occur as a result of such activities. I hereby assert that my participation in the use and enjoyment of the Camp and its Activities is voluntary and that I knowingly assume all inherent risks of the Camp and its Activities, both those described herein and others presently unknown.
3. Release and Waiver of Liability. In consideration of permission to use the Camp Navarro facilities during my stay at Camp Navarro, and on all future dates, I, do hereby release, waive, discharge, and covenant not to sue the Protected Parties and hold them harmless from liability for any and all claims arising from my use and enjoyment of the Camp and its Activities, including any injury resulting from the ordinary negligence of Protected Parties.
4. Indemnification. I further agree to hold harmless defend and indemnify the Protected Parties. Pursuant to my agreement to indemnify thereunder I agree to defend Protected Parties and pay any judgment and costs, damages, including investigation costs, attorneys' fees, expert fees, and related trial, litigation, arbitration, and/or mediation costs and expenses, ("Costs") from any and all claims made by me, by persons who I registered to attend the event with respect to which this General Release of Liability and Indemnification Agreement relates, and/or third parties, including other Camp Navarro participants, rescuers, and persons on neighboring properties, arising from my conduct, my use and enjoyment of the Camp and its Activities, and including any injury or loss due to the ordinary negligence of Protected Parties. The indemnity provided hereby shall be primary, and it shall be my duty to advance amounts sufficient to pay all Costs when and as they are incurred upon notice given by Protected Parties that Costs will be or are incurred.
5. Acknowledgements and Additional Agreements. I acknowledge and/or agree as follows:
A. I possess sufficient physical fitness and coordination to enable safe use and enjoyment of the Camp and its Activities.
B. I assume the risk of all of my medical conditions (e.g. asthma, diabetes, anaphylaxis, epilepsy, heart disease, or high blood pressure).
C. Camp Navarro Stewards, LLC encourages me to get medical clearance prior to use and enjoyment of the Camp and its Activities.
D. I will cease use of the Camp and its Activities if there is discomfort such as faintness, shortness of breath, high anxiety, or chest pains.
E. I authorize Camp Navarro Stewards, LLC, and its designated agents to administer emergency first aid, CPR, use an AED, and secure emergency medical care or transportation (i.e. EMS) if deemed necessary by Camp Navarro Stewards, LLC or its designated agent.
F. I assume all costs of emergency medical care and transportation.
G. I agree to abide by all safety-related rules while using and enjoying the Camp and its Activities and to attempt only such use as I feel capable of performing safely.
H. I agree to inform Camp Navarro Stewards, LLC or its designated agent immediately if I observe conduct or a condition that endangers others.
I. I understand the importance of safety rules and equipment and agree to comply with Camp Navarro rules and use appropriate safety equipment when using the Camp and its Activities.
J. I acknowledge that Camp Navarro Stewards, LLC has the authority to terminate my participation if it is deemed a danger to others or me.
K. I understand that my entry upon the real property comprising Camp Navarro is permissive in nature only, and that the terms of my entry do not grant to me a license to use the Camp and its Activities, nor have I been granted any rights in and to the real property comprising Camp Navarro. I understand that my permissive use of the property may be revoked at any time for any reason, and upon notice of such revocation, I will immediately become a mere trespasser upon the real property that comprises Camp Navarro, at which time I understand representatives may use all lawful means to remove me from
Camp Navarro, including with the assistance of local law enforcement agencies.
6. General. I confirm that these rules, liability waiver, and indemnification provisions supersede any and all previous, oral or written promises, or agreements regarding the subject matter hereof and understand that this is the entire agreement between me and the Protected Parties as to the subject matter hereof and cannot be modified or changed in any way except in a writing signed by an authorized representative of Camp Navarro Stewards, LLC. I expressly agree that the foregoing rules, liability waiver, and indemnification provisions are intended to be as broad and inclusive as is permitted by the laws of the State of California and that if a portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. If legal action is brought for any reason, the appropriate trial court in Mendocino County shall have the sole and exclusive jurisdiction, and only the substantive laws of the State of California shall apply. I further understand that, at the sole option of Camp Navarro Stewards, LLC, any and all actions brought by me against it, its officers, directors, employees, and agents for injuries sustained by me by virtue of my use and enjoyment of the Camp and its Activities, or for the purpose of enforcing or construing this General Release of Liability and Indemnification Agreement shall be decided by binding arbitration brought before three arbitrators pursuant to the Rules of the American Arbitration Association in either Mendocino County, CA or the City of San Francisco, CA, as Camp Navarro Stewards, LLC may select. I agree that by accepting the terms of this General Release of Liability and Indemnification Agreement via the facility of the Camp Navarro website (by clicking upon the "Accept", "Agree", "Yes", or similarly identified button, as the case may be), my act of accepting thereby shall confirm that I have read and understand this General Release of Liability and Indemnification Agreement, and that I agree to all of its terms, to the same extent as if I read a paper copy of this General Release of Liability and Indemnification Agreement and placed my signature on such paper copy with my own hand.
I have read this General Release of Liability and Indemnification Agreement and fully understand its terms. If applicable, I assert that I have explained the risks of the use and enjoyment of the Camp and its Activities, and the conditions of their participation, to my child, ward, and each person whom I registered for the event to which this General Release of Liability and Indemnification Agreement relates. I understand that I am giving up substantial rights, including my rights, the rights of my child or ward, if applicable, and the rights of other parties to sue for damages in the event of death, injury, or loss. I further acknowledge that I, on behalf of myself and, if applicable, my child or ward, and each person whom I registered for the event to which this General Release of Liability and Indemnification Agreement relates, am agreeing to this General Release of Liability and Indemnification Agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability, including that due to the inherent risks of the use of the Camp and its Activities or negligence by the Protected Parties, to the greatest extent allowed by the law of the State of California.
7. Definitions. The following terms when used herein shall have the meanings hereinafter ascribed to them.
"Camp and its Activities" shall mean the real property owned, leased, possessed, and/or occupied by Camp Navarro Stewards, LLC, and/or Mendocino Redwood Company, LLC, any and all man-made structures located on such real property, both temporary and permanent, including but not limited to cabins, camp sites, trails, stairs, bridges, lodges, event locations, the trading post, bathrooms, and showers, abandoned structures and equipment and generally located in and about the area known as "Camp Navarro" and referred to as such herein; any and all uses, activities, events, or happenings (collectively for this definition "activities") of any kind whatsoever that occur on such real property, which may or may not be consistent with the traditional and historic uses of the real property, including but not limited to hiking, swimming, climbing (both natural features such as trees, rocks, hillsides and cliffs, as well as man-made structures such as climbing walls), zip-lining, shooting sports, archery, bicycling and motorcycle riding (both on and off road), hang gliding, participation in group events such as music concerts, craft fairs, educational programs, and affinity groups, para-sailing and similar airborne activities, camping, camp fires, occupation of cabins and other living structures and camp sites, consuming food and smoking products, and all other activities relating to the use and enjoyment of the Camp and its Activities in connection with the event for which Registrant has registered to use the Camp and its Activities. Included in this definition shall be structures and equipment brought onto the real property, and activities engaged in on the real property, that are not provided by Camp Navarro Stewards, LLC, but are brought upon, and engaged in on, the real property by third-parties.
"Protected Parties" shall mean Camp Navarro Stewards, LLC, Mendocino Redwood Company, LLC, and their respective owners, directors, officers, employees, volunteers, equipment suppliers, independent contractors, agents, affiliates, successors, and assigns.
"Registrant" (also including "I","me","myself") shall mean the person who has executed this General Release of Liability and Indemnification Agreement, or has expressed his or her agreement to its terms via the facilities of the Camp Navarro website, and shall include Registrant's spouse, heirs, personal representatives, estate, parents and assigns. Included in this definition shall be all minor children for whom Registrant is the parent or legal guardian, or with respect to which such adult Registrant shall have the responsibility of temporary custodial care, and, to the extent permitted by California law, each person whom I registered for the event to which this General Release of Liability and Indemnification Agreement relates.