CAMP ACTIVITIES LIABILITY WAIVER AND INDEMNIFICATION
Activities available at Camp Navarro include hiking, swimming, climbing, zip-lining, and many other activities that provide opportunities for fun, improved physical fitness, rigorous healthful exercise, exciting group competition, improved dexterity and balance, wholesome recreation, and other benefits ("Activities"), but many of the Activities are INHERENTLY DANGEROUS. The Activities and the required exertion levels can range from moderate to very vigorous depending upon your desires. The Activities are suitable for those with experience and skill, as well as for those without no experience who use sufficient caution. Camp Navarro regards your safety and the safety of others as a top priority and we take care to reduce the traditional risks associated with the Activities and the use of our facilities, including but not limited to cabins, camp sites, trails, stairs, bridges, lodges, event locations, the trading post, bathrooms, and showers. However, regardless of the care taken to avoid injuries, some risks are inherent in the Activities and cannot be totally eliminated. These inherent risks include but are not limited to trips, falls, collisions with other participants and inanimate objects, and even slipping in the bathrooms or showers. Inherent risks also include unexpected equipment failures, unknown facility hazards, careless behavior by you or other participants, errors in judgment by Camp Navarro employees, and injuries caused by negligence on the part of Camp Navarro or its employees, you or other participants. CAMP NAVARRO WANTS YOU TO UNDERSTAND THAT INJURIES MAY OCCUR. 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, and chipped or broken teeth, as well as catastrophic injuries such as permanent disabilities, spinal injuries, paralysis, and even death.
ASSUMPTION OF INHERENT RISKS. I understand that the inherent risks of the Activities at Camp Navarro are serious and that many of those activities involve dangers regardless of the care taken by Camp Navarro. I realize that the Activities require some degree of skill, coordination, and physical fitness. I have read the previous paragraph and I know the nature of the Activities, understand the demands of the Activities 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, and if applicable, my child's or ward's participation in the Activities is voluntary and that I knowingly assume all inherent risks of the Activities on behalf of myself and, if applicable, my child or ward.
LIABILITY WAIVER. In consideration of permission to use the Camp Navarro facilities today and on all future dates, I, on behalf of myself, my child or ward, my spouse, heirs, personal representatives, estate, parents and assigns ("Releasing Parties") do hereby waive, release, discharge, and covenant not to sue 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 ("Protected Parties") and hold them harmless from liability for any and all claims arising from participation in the Activities and use of the Camp Navarro facilities by Releasing Parties, including any injury resulting from the ordinary negligence of Protected Parties.
INDEMNIFICATION. Releasing Parties further agree to hold harmless defend and indemnify Protected Parties (that is, defend Protected Parties and pay any judgment and costs, including investigation costs, attorneys' fees, expert fees, and related expenses) from any and all claims of the Releasing Parties and/or third parties, including other Camp Navarro participants, rescuers, and persons on neighboring properties, arising from Releasing Parties' conduct, participation in the Activities, and their use of the Camp Navarro facilities, including any injury or loss due to the ordinary negligence of Protected Parties.
GENERAL. Releasing Parties 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 Releasing Parties and Protected Parties as to the subject matter hereof and cannot be modified or changed in any way except in a writing signed by Camp Navarro Stewards, LLC. Releasing Parties 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 portionthereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. If legal action is brought, 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.
ACKNOWLEDGEMENTS AND AGREEMENTS. I, on behalf of myself and, if applicable, my child or ward (each a "Participant"), acknowledge and/or agree as follows:
- Participant possesses sufficient physical fitness and coordination to enable safe participation in the Activities.
- Participant assumes the risk of all medical conditions of Participant (e.g. asthma, diabetes, anaphylaxis, epilepsy, heart disease, or high blood pressure).
- Camp Navarro encourages each Participant to get medical clearance prior to participation.
- Participant will cease activity if there is discomfort such as faintness, shortness of breath, high anxiety, or chest pains.
- Participant authorizes Camp Navarro 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.
- Participant assumes all costs of emergency medical care and transportation.
- Participant agrees to abide by all safety-related rules while participating in Activities and to attempt only Activities Participant feels capable of performing safely.
- Participant agrees to inform Camp Navarro immediately if Participant sees conduct or a condition that endangers others.
- Participant understands the importance of safety rules and equipment and agrees to comply with Camp Navarro rules and use appropriate safety equipment when engaging in Activities.
- Participant acknowledges that Camp Navarro has the authority to terminate participation if it is deemed a danger to Participant or others.
have read this Liability Waiver and Indemnification and fully understand is terms. If applicable, I assert that I have explained the risks of the Activities, and the conditions of their participation, to my child. 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 Releasing 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, am signing this Liability Waiver and Indemnification 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 Activities or ordinary negligence by the Protected Parties, to the greatest extent allowed by the law of the State of California.