AGREEMENT FOR RELEASE OF LIABILITY, ASSUMPTION OF RISKS AND INDEMNITY MENDOCINO MAGIC LLC CAMPGROUND AND ASSOCIATED EVENTS A. In consideration for being permitted on the property of Mendocino Magic LLC and Branscomb Road LLC (which is located at 3000 Branscomb Road, Laytonville, California) and participating in any event or activity (“Event”) while there, the below named person for themself and others for whom the person is responsible AGREES to the following release of all liability, assumption of all risks and indemnity for Mendocino Magic LLC and its employees and volunteers, vendors, partners, or suppliers (collectively “MM”), and the sponsors of and all attendees at an Event. “Event” includes camping, day use, overnight use, day use recreation, and events produced by other individuals, families, or groups. Attendance at MM and participating in an Event there exposes me and those I am responsible for to inherent and unknown risks, including but not limited to: minor injuries from scratches, cuts and bruises, biting insects and animals, disease-causing plants; major injuries to limbs, joints, back and elsewhere, to sensory and internal organs; heart ailments and head injuries; catastrophic injuries including drowning, amputation, paralysis, or death. These injuries may be caused by accident, by actions or inactions by me or other people, by vehicles, equipment and structures, food or drink, vendors or suppliers, and natural flora, fauna and objects, including earthquakes and lightning. In addition a rural setting may makes emergencies, rescue, transport and medical care slower or more difficult. This list is but examples and is not comprehensive. I understand, acknowledge, and accept these and other risks. I also acknowledge that not all situations or risks can be known, but I take that uncertainty upon myself. B. IN CONSIDERATION FOR BEING ALLOWED ON THE PROPERTY AND PARTICIPATING IN AN EVENT, I AGREE TO: - Accept and assume all risks and hazards related in any way to being at MM or participating in an Event, not limited to those above. I accept risks and hazards arising from the past or future negligence, acts or omissions of MM, the sponsor of any Event, or anyone present on the property or Event. This assumption of risk relieves everyone from a legal duty and I take upon myself all risks, known or unknown;
- Waive and release all claims and liabilities for any form of injury, death or loss whatsoever I or anyone I am responsible for have or may have in the future. This waiver and release applies even if the claim of liability is due to the past or future negligence or omission of MM, an Event sponsor or anyone else;
- Consent to and pay for any medical treatment rendered to me by anyone for any injury or other medical situation during, or resulting from, my participation;
- Indemnify, release, hold harmless MM, any Event sponsor and all other persons lawfully present or participating in an Event from any and all claims, damages, expense or liability of any kind, including fees or costs as a result of my attendance or involvement, and to reimburse then for any expenses incurred;
- Refrain from consumption of any drugs illegal under federal, state or local laws, and consumption of alcohol either to excess or impairment, or by any person at all under the age of 21.
- Governing Law shall be the law of the State of California, jurisdiction and venue for any dispute shall be in Mendocino County, and this release, waiver and indemnity is intended to be as broad as California law permits. Invalidity of any term herein does not affect the validity of any other term or of the agreement. This agreement can be executed by signature, electronic signature, any other form of electronic assent, by original, copy, or retained electronic copy, any of which is as valid as an original signature.
C. These promises apply in advance to MM, everyone part of MM, any Event sponsor or participant, and anyone present at an Event or on the property. These promises bind me, my family, all minors or others in my care or anyone on whose behalf I sign, and my heirs or legal representatives. If I am traveling with or responsible for a minor or anyone else this agreement is binding on behalf of that person or minor. Failure to properly list a minor or anyone on whose behalf I am signing below does not change or limit this agreement’s applicability to them. BY SIGNING THIS AGREEMENT I AGREE THAT I READ IT CAREFULLY. I AM AWARE THAT I AM GIVING UP IMPORTANT LEGAL RIGHTS INCLUDING THE RIGHT TO SUE. I SIGN OF MY OWN FREE WILL.
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