In consideration for allowing me to visit, use, or otherwise be present on Rancho Alegre, 2680 Highway 154, Santa Barbara, California, which is owned by Los Padres Council, Boy Scouts of America, a California nonprofit public benefit corporation (“LPC"), and in consideration of the funding of Trek Trails at Rancho Alegre by John and Tania Burke (the "Burkes"), Trek Bicycle Corporation ("Trek"), and Trek Foundation, Inc. ("Foundation") (collectively "the Funders"), I ("Releasor") hereby enter into this RELEASE, INDEMNITY, ASSUMPTION OF RISK, AND WAIVER (hereinafter "Agreement") and agree as follows: I hereby release and forever discharge LPC and the Funders and each and all of their officers, directors, successors, assigns, agents, servants, employees, independent contractors and representatives and all others acting for or on behalf of any one or combination of LPC and the Funders (hereinafter collectively "Releasees"), and hold each and all of Releasees harmless from, and waive, all liability, claims, demands, costs, actions, suits and controversies of whatever kind or nature whatsoever, whether cognizable at law or in equity, which I or my spouse, heirs, legal representatives, successors or assigns may have or assert against any one or combination of Releasees for any bodily injury or personal injuries, death, or property or economic damage arising from the condition of the Premises or the acts or omissions of any one or combination of Releasees or any person on the Premises, or any implied warranty that the Premises are in suitable condition for their intended use, or any other claimed duty to me, my property, or those under my care. I further agree to release and discharge and hold harmless Releasees, and each of them, from, and waive, any and all claims whatsoever on account of any first-aid, treatment, or other service rendered to me related to my presence on the Premises. The releases, discharges and waivers given herein apply whether any such bodily injury, personal injury, death or property or economic damage is caused, in whole or in part, by negligence, or otherwise, on the part of any one or combination of Releasees, other guests or users of the Premises, other persons or animals, the condition of the Premises, or otherwise. I further agree to indemnify and hold each of Releasees harmless from all losses, liability, claims, demands, damages, attorneys' fees, and costs that may arise due to any act or failure to act on my part or on the part of any person employed by me, or assisting me at my request, or any other person within my care, custody or control, whether caused, in whole or in part, by negligence or otherwise. I understand that the care, custody and control of all property that I bring on the Premises are solely my responsibility 24 hours a day, and I assume full responsibility therefor. Upon request by any one or more of Releasees, Releasor shall, at Releasor's sole cost, expense and risk, defend any and all suits, actions or other proceedings brought or instituted against any one or combination of Releasees on any claim or demand or otherwise which is subject to a release, discharge, indemnity or agreement to hold harmless contained herein. Releasor shall pay and satisfy any judgment, decree or penalty that may be rendered against any one or combination of Releasees in any and all suits, actions, arbitrations and other proceedings brought or instituted against any one or combination of Releasees on any claim or demand or otherwise which is subject to a release, discharge, indemnity, wavier or agreement to hold harmless contained herein. Releasor shall reimburse Releasees for any and all expenses, including attorneys' fees, incurred by Releasees, and each of them, in connection with any and all suits, actions, arbitrations and other proceedings brought or instituted against any one or combination of Releasees on any claim or demand or otherwise which is subject to a release, discharge, indemnity or agreement to hold harmless contained herein. Releasor shall reimburse Releasees for any and all expenses, including attorneys' fees, incurred by Releasees, and each of them, in connection with enforcing this Agreement, whether or not a suit is brought to enforce the same. I understand and hereby acknowledge that there is a risk of property and economic damage, personal and bodily injury, and even death while on the Premises or participating in any activity on the Premises. Although I know that such injury, death and damage is within the range of possibilities, I nevertheless assume the risk of such injury, death and damage and assume full responsibility therefor. I assume full responsibility for all property and economic damage, personal and bodily injury and death of all persons assisting me at my request who have not signed this Agreement (although I understand that it is a condition to be permitted on the Premises that each person must first be approved by LPC Scout Executive, Carlos Cortez, or his designee, and must sign this Agreement), and shall indemnify Releasees should any claim therefor be made against Releasees. It is my express intention that the terms of this Agreement shall apply regardless of whether any one or combination of Releasees expressly invited rather than merely permitted me to be on the Premises and regardless of whether or not permission to use or be on the Premises was granted to me or to others for a consideration. In executing this Agreement, it is my intention to bind myself and my spouse, heirs, legal representatives, successors and assigns to all of the terms of this Agreement. I hereby expressly agree that should any portion of this Agreement be held invalid, the balance shall, notwithstanding, continue in full force and effect. This Agreement shall be construed and governed by the laws of the State of California. California shall have exclusive jurisdiction with respect to Releasor and the enforcement of the terms of this Agreement. Venue shall lie in the County of Santa Barbara in the event any dispute arises under this Agreement. I HAVE CAREFULLY READ THIS AGREEMENT AND KNOW AND UNDERSTAND ALL OF ITS TERMS. |