Today's Date: October 20, 2020
I have voluntarily chosen to participate in Events organized by Bayside Adventure Sports, Inc. (BAS):
In consideration of the services of BAS, I agree to all the terms in this document (Agreement).
1. ACKNOWLEDGEMENT OF INHERENTLY HARAZDOUS EVENT AND RISKS: I understand that:
a) The Event(s) may be inherently hazardous and may include both known and unknown risks that could result in property damage, severe physical and/or emotional injury, dismemberment, paralysis, and/or other serious injury, including death;
b) I may be exposed to dangers and hazards, including, but not limited to, the following (depending on the nature of the Event(s)): falls, falling rocks, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, unpredictable ocean and river currents, hypothermia, avalanches, hostile or aggressive wildlife, drowning, death, equipment failures, and/or the negligence of BAS and others;
c) Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during all or portions of the Event(s);
d) BAS assumes no responsibility for providing medical care, first-aid, or rescue operations; and I agree to be held responsible for any medical or evacuation costs BAS may incur in regards to my treatment; and
e) The Event(s) officially begins and ends at the location(s) designated by BAS. The Event(s) do not include carpooling, transportation, or transit to and from the Event(s), and I am personally responsible for all risks associated with this travel.
2. ASSUMPTION OF THE RISKS: I freely assume the above-mentioned risks, as well as any other risk(s) not listed, that are part of the Event(s), and any harm, injury, or loss that may occur to me or my property as a result of my participation in the Event(s) or during any transportation to or from the Event(s)—including any injury or loss caused by the negligence of BAS, its employees, agents and officers, its contractors, and/or other Event participants. I also understand that any equipment that I provide or may borrow or rent from BAS or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
3. RELEASE OF LIABILITY: I release BAS, its employees, agents, independent contractors, volunteers, sponsors, equipment providers, insurance carriers, property owners, sanctioning organizations, directors, board members, officers, and all others acting in any capacity on their behalf (the Released Parties) FROM ANY AND ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS for any injury, death, loss, or harm that may occur to me, to any other person, or to any property arising out of or in any way connected with participation in the Event, including during transportation to or from the Event. This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, recklessness or intentional torts, or any other liabilities that California law does not permit to be excluded by agreement. I also agree NOT TO SUE or to make a claim against the Released Parties for death, injuries, loss or harm that occur during the Event or are related in any way to the Event(s).
4. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Event. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. AGREEMENT TO FOLLOW SAFETY RULES AND DIRECTIONS: I agree to follow all safety rules and instructions (e.g., agree to wear required safety equipment; to follow safety rules of the activity, management, and instructor; to inform management or instructor of conduct or a condition that might endanger self or others, etc.). I undertake and agree to remove myself from participation if I sense or observe any unusual hazard or unsafe condition or if, at any time, I feel unable or unfit to safely continue for any reason. I understand that the sole responsibility for my personal safety remains with me, including my physical and emotional preparation and fitness to participate in any activities. I acknowledge that it is my responsibility to be aware of and use any safety gear and protocol generally recommended for the activities in which I participate. I am responsible for understanding the proper use of any equipment I use. Providing false or misleading information or failing to adhere to the safety guidelines or instruction shall be grounds for denial, suspension, and/or expulsion from the Event and future Events at the sole discretion of BAS without advance notice or refund. If I decide to leave early and not to complete the Event(s) as planned, I assume all risks inherent in my decision to leave and waive all liability against BAS arising from that decision. Likewise, if the leader has concluded the Event, and I decide to go forward without the leader, I assume all risks inherent in my decision to go forward and waive all liability against BAS arising from that decision.
6. LIABILITY AND MEDICAL INSURANCE: I understand it is my responsibility to carry full and complete insurance coverage on my personal property and medical coverage for myself. I agree to be held responsible for any damage caused by me, my equipment, or my animal(s) and to reimburse any medical or evacuation costs BAS may occur in regards to my treatment.
7. INDEPENDENT CONTRACTORS: I acknowledge that BAS has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Event.
8. USE OF MY LIKENESS: I understand that during the Event I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to BAS and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
9. SEVERABILITY: I agree that the purpose of this Agreement is that it shall be an enforceable ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY Agreement that is as broad and inclusive as is permitted by California law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
10. APPLICABLE LAW, FORUM, & ATTORNEY’S FEES: This Agreement is governed by and shall be construed in accordance with the laws of the State of California, without any reference to its choice of law rules. I agree that any dispute arising from this agreement or in any way associated with the Event shall be brought only in the Superior Court of California, Placer County, or the U.S. District Court for the Eastern District of California, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’s fees and costs of the prevailing party or parties.
TERM OF AGREEMENT: I understand that this Agreement shall remain in effect unless or until I revoke it in writing. If this Agreement is executed on a minor’s behalf, it shall terminate on the minor’s eighteenth birthday or when it is revoked in writing, whichever occurs first.
By signing this document, I acknowledge that I may be found by a court of law to have waived my right to maintain a lawsuit against the Released Parties, including claims that the Released Parties have committed negligent acts or omissions.
BY SIGNING BELOW, I AFFIRM THAT I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS AGREEMENT HAVE BEEN MADE, APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND THAT I HAVE THE RIGHT TO DISCUSS IT WITH AN ATTORNEY BEFORE SIGNING IT.