WEST COAST FALCONRY
PARTICIPANT/OBSERVER LIABILITY WAIVER AGREEMENT
USER TERMS AND CONDITIONS
1. West Coast Falconry and any of its employees, directors, officers, agents, representatives, or assignees (hereinafter “WEST COAST FALCONRY”) reserves the right in its sole discretion to refuse entry, or to remove the participant or observer named above, including his/her Guest (hereinafter used interchangeably as “Guest” or “Participant”) from WEST COAST FALCONRY property (the “Facility”) or from participation in any activity organized by WEST COAST FALCONRY outside the Facility, including but not limited to guided instruction in the outdoors (hereinafter “Outside Activities”) for any reason whatsoever. Any such refusal of entry or removal by WEST COAST FALCONRY shall be in its sole discretion.
2. WEST COAST FALCONRY shall not be responsible for the safekeeping, loss, theft, or damage of any Participant’s property or the property of any Guest of Participant that is brought into the Facility or brought on any Outside Activity.
3. Participant shall comply with and observe all rules and regulations of WEST COAST FALCONRY and the terms and conditions of this Agreement at all times and shall assure that his/her Guest(s) complies with and observes the same.
4. Should Participant or his/her Guests damage or break any of WEST COAST FALCONRY’s equipment or property, Participant shall be liable for the reasonable cost of necessary repairs or replacements to such equipment or property.
5. WEST COAST FALCONRY is authorized by the Participant to use, store, or transfer, as WEST C OAST FALCONRY may consider necessary, the Participant’s personal information, for any and all purposes in connection with the Facility and services provided by WEST COAST FALCONRY and/or for the purpose of promoting, improving, and furthering the interest of WEST COAST FALCONRY. Participant acknowledges this may include posting their photos and/or names online, and/or in publications, and/or marketing materials. This does not include payment information and nor does WEST COAST FALCONRY share the information outside the company.
6. Any delay or failure by WEST COAST FALCONRY to exercise its rights and/or remedies under this Agreement does not constitute a waiver of any or such right or remedy.
7. The terms and conditions herein (as amended from time to time) constitute the entire agreement between Participant and WEST COAST FALCONRY regarding the Participant’s use of the Facility and supersedes all previous agreements, understandings and arrangements, written or oral, between the Participant and WEST COAST FALCONRY in relation to such matters.
8. In the event of an emergency, WEST COAST FALCONRY is authorized to notify the person(s) listed under Participant’s emergency contact information.
WEST COAST FALCONRY LIABILITY WAIVER
I (Participant) understand that working with raptors and other activities now available or that may become available at the Facility in their various forms, as well as preparation and participation in falconry, hawking, and all other aspects involved with these activities (collectively referred to hereinafter as “Activities”) are inherently dangerous activities involving many RISKS, DANGERS, AND HAZARDS. These risks, dangers, and hazards include, but are not limited to being punctured, bitten, or scratched by the raptors, illness, falling, collisions with birds, objects, people or structures, being struck by other participants or objects, other equipment failure, the actions of other participants including negligence or inexperience of the Participant, the aggravation of preexisting conditions, or other foreseeable or unforeseeable events or circumstances. I understand that INJURES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE of the Activities. I know that the risk of SEVERE INJURY or even DEATH exists in participation of the Activities. I also understand that maintenance of the Facility and equipment, training, instruction, supervision, enforcement or lack therefor of any rules or regulations, equipment settings, or any added safety measures (hereinafter “Associated Activities”) by WEST COAST FALCONRY, event organizers and sponsors, and equipment providers do not and cannot guarantee my safety.
I (Participant) hereby represent that I am fit and suffer from no adverse health condition or effect that would limit my ability to participate in any Activities offered by WEST COAST FALCONRY.
I (Participant) hereby represent that any of my own equipment that I use at the Facility is safe and in no way shall WEST COAST FALCONRY be liable for any damages caused to myself or a third party for any failure of any such equipment.
I (Participant) herby represent that I have conducted a thorough visual inspection of the Facility and equipment I will be using and I am aware of any potential hazards associated with the Facility and/or such equipment.
With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in the Activities and the Associated Activities, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT, OR EVEN FATAL INJURIES, even if I follow the instructions or advice of WEST COAST FALCONRY.
In consideration of WEST COAST FALCONRY acceptance of my membership application or day use of the Facility, and in spite of the risk of severe or permanent injury or even death, the undersigned agrees as follows:
1. I (Participant) hereby unconditionally WAIVE AND RELEASE ANY AND ALL CLAIMS AND CAUSES OF ANY KIND OR NATURE AGAINST WEST COAST FALCONRY, AND ANY MANUFACTURERS OR DISTRIBUTORS OF EQUIPMENT USED BY WEST COAST FALCONRY, RELATED IN ANY WAY TO THE ACTIVITIES OR THE ASSOCIATED ACTIVITIES. THIS WAIVER AND RELEASE INCLUDES BUT IS NOT LIMITED TO ANY SUCH CLAIMS OR CAUSES OR ACTION, present or future, related to injury or damage to Participant, his/her property, or to any other person or property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with Participant engaging in any Activities and from Associated Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of express or implied warrant on the part of WEST COAST FALCONRY.
2. Participant agrees to hold harmless, defend and indemnify WEST COAST FALCONRY from any claim or action, present or future, related to injury or damage to Participant, his/her property, or to any other person or property, for any loss, damage, expenses or injury (including DEATH) suffered by any person from or in connection with Participant’s participation in any Activities or Associated Activities, due to any cause whatsoever including negligence and/or breach of express or implied warranty on the part of WEST COAST FALCONRY.
3. Participant hereby RELEIVES WEST COAST FALCONRY OF ANY DUTY TO PROTECT PARTICIPANT FROM HARM in connect with any Activities, Outside Activities, or Associated Activities in which WEST COAST FALCONRY is involved in any way.
4. In the event Participant does suffer any type of damages or injury, Participant shall notify WEST COAST FALCONRY immediately of any such occurrence or cause.
5. Participant authorizes WEST COAST FALCONRY to stabilize, obtain medical care for, or transport him/her to a medical facility or for himself/herself. Participant agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS WEST C OAST FALCONRY of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Participant also authorizes disclosure of any protected medical information in the possession of WEST COAST FALCONRY that is necessary to provide, coordinate or manage members healthcare consistent with the dictates of HIPPA and to the extent that such use or disclosure is required by law.
6. This Liability Waiver shall continue in effect in perpetuity so that each time Participant or Member uses the Facility or participates in any Outdoor Activities from the date this waiver is signed forward he/she shall be bound by the terms and conditions herein.
7. If any provision of this Agreement or the application of any such provision to any person or circumstances is held invalid, the remainder of this Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby.
8. This Participant and Liability Waiver Agreement shall be governed by California law, without regard to conflicts of laws principles. In addition, Participant or Member agrees that the jurisdiction and venue for any action or claims arising out of or relating to this Agreement shall be in the United States District Court for the Southern District of California, located in San Diego, California.
I understand that I am not to bring any dogs or pets with me. All payments will be forfeited and will be asked to leave the property if I do so.
PROPERTY PHOTOGRAPH/VIDEO RELEASE
For valuable consideration herein acknowledged as received, I the undersigned, being the legal owner of or having the right to permit the taking and use of photographs and video of certain property designated as WEST COAST FALCONRY hereby grant the undersigned the full rights to use photographs and video taken and copyright the same, in all media including books, magazines and electronic formats for any purpose.
In return, WEST COAST FALCONRY requires undersigned to cite West Coast Falconry and website, www.westcoast-falconry.com, on any and all usage.
The undersigned releases, discharges and agrees to save harmless WEST COAST FALCONRY, its owners, legal representatives or assigns, and all persons functioning under its permission or authority, any liability by virtue of blurring, distortion, alteration, or use in composite form, whether intentional or otherwise, that may occur or be created in the taking of said photographs and said video of any subsequent processing thereof, as well as any publication or social media thereof, including without limitation any claims for libel or invasion of privacy. This includes the taking and usage of any photographs and video of WEST COAST FALCONRY customers and program participants. It is the undersigned’s full and legal responsibility to obtain those individual’s permission(s).