Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement
I, the undersigned individual, desire to participate, with my daughter(s) (also named within this waiver) in the Naranja Nation (“The Naranja Nation” or “Naranja Nation OC”) Program & activities -- at various locations, both indoor and outdoor, that are sponsored by or involve Naranja Nation, including over-night camp-outs and day-time programs. In consideration of Naranja Nation permitting me to participate in or observe activities, I have agreed to execute this Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement (the “Release”).
I HEARBY ACKNOWLEDGE AND AGREE to the following:
1. Assumption and Acknowledgement of Risk
I ("Parent participant") as named on this membership form, acknowledge that I and my daughter(s) as named on this membership form have voluntarily applied to participate in the activities of the Naranja Nation, dba Naranja Nation OC (“Program” or "Naranja Nation").
I understand that my participation in the Program may involve myself and my child(ren) in activities such as, but not limited to: camping events, campfires, archery, horseback riding, canoeing & boating, crafts, model car derby races, parades, riflery, community service, meetings at members’ houses or other locations, swimming, sports of all types, games, field games, hayrides, sled riding, fishing, dances, holiday or theme parties, rock or wall climbing, museums, etc.
I AM AWARE THAT THESE ACTIVITIES ARE POTENTIALLY HAZARDOUS ACTIVITIES AND
THAT I AND/OR MY CHILD(REN) COULD BE SERIOUSLY INJURED OR EVEN KILLED. PRIOR
TO ENGAGING IN ANY STRENUOUS OR POTENTIALLY HAZARDOUS ACTIVITIES, I AND MY
CHILD(REN) WILL UNDERGO A PHYSICAL EXAMINATION WITH A PHYISICIAN OF OUR
CHOOSING AND RECEIVE MEDICAL CLEARANCE TO PARTICIPATE IN THE
AFOREMENTIONED ACTIVITIES. I AND MY CHILD(REN) ARE VOLUNTARILY
PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED,
AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY
DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. ON BEHALF OF MYSELF
AND MY CHILD(REN), AND TO THE FULLEST EXTENT AVAILABLE UNDER THE LAW, I
AGREE TO WAIVE ANY AND ALL CLAIMS THAT MAY ACCRUE AGAINST THE PROGRAM AS
A RESULT OF OUR PARTICIPATION IN ANY OF THE PROGRAM’S SPONSORED ACTIVITIES,
AND AGREE TO HOLD THE PROGRAM HARMLESS FROM ALL SUCH CLAIMS THAT MAY
As consideration for being permitted by the Program to participate in these activities, I agree to indemnify and defend the Program against any and all losses, damages, or claims incurred or suffered by the Programas a result of my and my child(ren)’s participation in these activities. I forever release the Program, anyaffiliated organization, and their respective directors, officers, employees, volunteers, agents, contractors,and representatives (collectively "Releasees") from any and all actions, claims, or demands that I and/ormy child(ren), our assignees, heirs, distributees, guardians, next of kin, spouse and legal representativesnow have, or may have in the future, for injury, death, or property damage, related to: (i) my and mychild(ren)’s participation in these activities; (ii) the negligence or other acts, whether directly connected tothese activities or not, and however caused, by any Releasee or (iii) the condition of the premises wherethese activities occur, whether or not I or my child(ren) are then participating in the activities. I also agreeon behalf of myself and my child(ren) that I and/or my child(ren), our assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release. I understand and acknowledge that in the event I fail to indemnify and defend the Program in violation of this provision, the Program shall have the right to file a claim against me for such defense and indemnity, and be entitled to recover its attorney’s fees and costs of suit incurred therein.
I have been advised to seek independent legal counsel of my choosing for the purpose of reviewing this release form. By signing this release form, I am acknowledging that I have, in fact, sought independent legal counsel to review this form, or that I have voluntarily waived my right to do so.
2. Release and Indemnification
I agree to accept and assume all of the risks existing in these activities, both known and unknown, either caused or alleged to be caused by the negligent acts or omissions of Naranja Nation and others. My participation is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Naranja Nation, dba “Naranja Nation Climbing & Fitness”; its officers, owners, affiliates, agents, and employees; Naranja Nation Hindry LLC; the landlord of any Naranja Nation facility, if any; the designers and engineers, manufacturers, installers or distributors of Naranja Nation’s artificial climbing walls and other equipment; and any of their respective members, officers, directors, employees, agents, representatives, as well as any other persons, corporations, or other entities that might have any liability to me (collectively, the “Released Parties”), from and against any and all damages, actions, claims, suits, demand actions, and liabilities, whether known or unknown, anticipated, suspected or unsuspected, now or any time in the future, in any way relating to or arising from any activity, occurrence or event, whether supervised or not, including, without limitation, all claims for property damage, personal injuries, or wrongful death involving Naranja Nation, Naranja Nation facilities, or any of the Released Parties, including claims that allege negligent acts or omissions with the exception of gross negligence, or intentional, willful, or wanton misconduct.
Naranja Nation reserves the right to use a Participant’s likeness or image as well as any video or photographs recorded by the cameras, web-cams, or other devices. I hereby grant Naranja Nation, its affiliated entities, and their licensees the right to use my likeness or image and any and all video recorded by the cameras and web-cams for any purpose. Participants are permitted to take personal photos & videos. Anything beyond reasonable use of photographic equipment by a participant for personal, non-commercial purposes shall require the express consent of the Naranja Nation.
I understand and agree that Naranja Nation and its personnel reserve the right to deny access to its facilities to any individual, permanently or for any specified period of time, for any breach of Naranja Nation’s policies, rules and regulations, or for any conduct that is viewed as unsafe or inappropriate.
I further understand and agree that I am solely responsible for my personal property while it is at any Naranja Nation facility or event; Naranja Nation and its personnel assume no responsibility for any lost or stolen personal property. I also understand and agree that it is my responsibility to keep all personal property under observation or secured. If I become the victim of a theft, I will report it immediately to Naranja Nation personnel.
Should Naranja Nation or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I am aware of and specifically waive the provisions of California Civil Code Section 1542, which provides as follows: “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 executing the release, which if known by him must have materially affected his settlement with the debtor.” I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in pertinent part as follows: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”
3. GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL, ARBITRATION, AND SEVERABILITY:
This Release shall be governed by California law, without regard to its conflict of law rules, including its validity and enforceability, and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY. I agree that if any portion of this Release is held to be invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect.
FURTHERMORE, I agree that any controversy, dispute, or claim I have arising out of, in connection with, or in relation to any Released Party or this Release shall be submitted for resolution through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures in the County of Los Angeles, California. Any Court of competent jurisdiction may enforce these arbitration provisions, and judgment on the award may be entered in any court having jurisdiction. The parties submit to the jurisdiction of the Superior Court of California, County of Los Angeles, California, for purposes of confirming any such award and entering judgment. In the award, the arbitrator may allocate all or part of the costs of the arbitration, including the arbitrator's fees, and the reasonable attorney's fees of the prevailing party.
This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death. By signing this agreement, I waive the right to bring a court action to recover compensation or obtain any other remedy for any injury to my property or myself, or for my death, however caused, arising out of my use of Naranja Nation facilities, now or any time in the future, whether caused by Naranja Nation’s negligence or that of its officers, agents or employees. I agree to pay for all legal fees accumulated by Naranja Nation, incurred by any claims made by me or on my behalf.
TO BE SIGNED BY THE FATHER / ADULT PARTICIPANT:
I am at least 18 years of age and otherwise legally competent to sign this agreement. This Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. My participation in activities at Naranja Nation facilities or affiliated events is purely voluntary, and I elect to participate in spite of the risks. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I have had sufficient opportunity to read this entire document. I have had the opportunity to ask questions about this document. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in activities at Naranja Nation facilities or involving Naranja Nation, I may be found by a court of law to have waived my right to maintain a lawsuit against Naranja Nation or any of the other Released Parties on the basis of any claim from which I have released them herein. I further agree to indemnify, hold harmless and defend the Released Parties from and against any loss, damage, liability, expense, costs, and/or attorneys’ fees arising from my participation in activities at Naranja Nation facilities or affiliated events.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS.
March 20, 2019