Welcome to The Land. We hope that your time here will exceed your expectations. The Land is a retreat facility owned by The Land LLC and operated by The Land Sanctuary LLC and The Land Operations LLC, which hosts a variety of events and activities that are produced by various people and entities who license the use of all or part of the property (“Licensees”). Before you get settled, we ask that you carefully read, understand, and sign the below Visitor Waiver.
This agreement is inclusive of any visit to the Land from the date of signing and is good for 1 year.
In consideration of being permitted to visit The Land I hereby acknowledge and agree to the following terms and conditions of visitation (this “Waiver”). I hereby waive any and all liability and any right of action, whether legal, equitable or in any other form, against The Land Sanctuary LLC, The Land Operations LLC and The Land LLC and, employers, managers, employees, staff, volunteers, officers, directors, servants, members, stockholders, principals, general and limited partners, agents, assigns, heirs, attorneys, representatives, and each of their respective predecessors and successors, subsidiaries, affiliates, divisions, sureties, guarantors, insurers, and all other related entities (collectively, the “Released Parties”), as a result of any action or omission connected with the conduct of the Released Parties, conduct of other visitors and my visit to The Land.
1. Assumption of Risk. I understand, acknowledge and agree to each of the following:
I am (18) eighteen years of age or older.
I voluntarily and knowingly accept and assume each of the risks and other matters set forth in this paragraph.
I recognize that there are certain inherent risks associated with my visit to The Land and my participation in events or activities offered by Licensees on The Land, and I assume full responsibility for personal injury to myself and others, and release and discharge the Released Parties for injury, loss or damage arising out of my presence on The Land or my participation in events or activities offered by Licensees on The Land, whether caused by the fault of myself, the Released Parties or other third parties.
I understand that the Land is a natural, rural environment and that this comes with a certain level of risk that comes with being a in a natural environment, including but not limited to rugged and potentially slippery terrain; insects, snakes and spiders; and fast moving rivers and streams, and agree to accept the risks with being in such an environment.
I understand that there are risks associated with using the pool and hot tubs (where applicable), and I agree to accept such risks.
I agree to observe and obey all posted rules and warnings, and further agree to follow any reasonable oral instructions or directions related to the use of the facilities on the Land given by the Released Parties.
In relation to any physical activities offered by Licensees on the Land or by the Released Parties that I choose to participate in, I do so of my own knowing and free will and I ASSUME AND ACCEPT ALL RISKS OF HARM, LOSS, OR INJURY THAT MAY ARISE FROM OR BE RELATED TO MY PARTICIPATION IN THAT ACTIVITY.
I understand that the Land is zone free of drug and alcohol use. I can neither bring nor use/consume alcohol or drugs on the property.
If I might be having a medical emergency the Release Parties will call an ambulance at their discretion and all associated costs and expenses will be my full responsibility to bear. My agreement with this is evidenced by my initials below.
2. Release of Liability. I hereby forever release and hold harmless the Released Parties from any and all claims, causes of action, demands, obligations, breaches of duty, injuries, liabilities, losses, expenses, costs, attorneys fees, damages, or actions, of every type, kind, nature, description, or character, however defined or denominated, and however claimed or asserted, of any nature, known or unknown, asserted or not asserted, contingent or absolute, matured or unmatured, direct or indirect, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on The Land, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
I am fully aware of the risks and hazards connected with visiting The Land, and I am aware that this includes the risk of injury and even death, and I hereby elect to voluntarily visit The Land and participate in activities on The Land knowing that the activities may be hazardous to me. I understand that the Released Parties do not require me to visit the Land or participate in any activities on The Land. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
I execute this Release with the express intention of affecting the legal consequences provided by section 1541 of the California Civil Code, that is, the release of all liability associated with my visit to The Land. I hereby state that I have read and understand the following statutory language of section 1541 of the California Civil Code:
A general Release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of execution of the release, which if known to him must have materially affected his settlement with the debtor.
Having read the above, I hereby elect to and do assume the risk for claims heretofore or hereafter arising, known or unknown, from this release and from my visit to The Land.
3. Release As Defense. I understand and agree that this Waiver may be pleaded as a full and complete defense to, and the parties hereby consent that it may be used as the basis for an injunction against, any action, suit or other proceeding based on claims released by this Waiver.
4. Arbitration. Any disputes arising out of or in connection with this Waiver will be interpreted and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. Either party may refer any disputes arising out of or in relation to this Waiver to final and binding arbitration by submitting a request for arbitration to JAMS. By entering into this Waiver both parties acknowledge and agree that binding arbitration shall be the exclusive method for resolving any disputes that may arise between, and they expressly waive their entitlement to have such controversies decided by a court or a jury.
5. Severability and Effect of Partial Invalidity. I understand and agree that the provisions of this Waiver are severable. In the event a court or other adjudicative body of competent jurisdiction should find any provision or the application of any provision to any person, place or circumstance to be wholly or partially invalid or unenforceable under the law of any jurisdiction, such finding shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect. The provision found to be invalid or unenforceable shall continue to be applicable to the extent permitted under the law of the finding jurisdiction and shall continue in full force and effect under the laws of any other jurisdiction.
6. Entire Agreement. I understand and agree that this Waiver constitutes the sole and entire agreement between the parties with respect to the matters covered in it. This Waiver supersedes any prior or contemporaneous agreements, understandings or undertakings, written or oral, by or among the parties regarding such subject matter. I understand and represent that this Waiver is made without reliance on any inducement, statement, promise or representation other than those contained within this Waiver. I also understand and agree that any statements by Released Parties regarding my visit to The Land are statements of opinion and do not constitute a representation, warranty or guarantee.
7. Modification and Waiver: I understand and agree that no term or provision of this Waiver may be varied, changed, modified, waived, discharged or terminated orally, but only by an instrument in writing, signed by the party against whom the enforcement of the variation, change, modification, waiver, discharge or termination is sought. The waiver by any party hereto of any breach of any provision of this Waiver shall not constitute or operate as a waiver of such provision or any other provision hereof, nor shall any failure to enforce any provision hereof operate as a waiver at such time, or at any future time, of such provision or any other provision hereof.
8. Voluntary Execution of Waiver: I acknowledge and agree that I am executing this Waiver voluntarily, knowingly, and without duress or undue influence. I have read this Waiver and understand the terms and consequences of it. I am fully aware of the legal and binding consequences of it.
I, the undersigned, certify that I have read this Visitor Waiver and agree and accept the terms as stated above.