As a guest of Valensin Vineyard & Winery at 10675 Valensin Rd. Galt, CA (hereafter, “the Property”), I understand and acknowledge that water skiing, wake boarding, boating, swimming, other water sport activities, and all recreational activities (collectively, “Activities”) involve inherent risks of injury and death. On behalf of myself and all minors for whom I am a parent or guardian at the Property, I hereby freely and expressly assume and accept any and all risks of injury or death to myself and to such children and minors that arises out of our participation in Activities on the Property at any time under any circumstances. I also recognize and accept that my personal recreational property may be damaged or destroyed through inherent risks involved in participating in Activities on the Property.
NO LIFEGUARD. I specifically understand that no lifeguards are provided at the Property. I agree to accept and assume all risks of injury or death from swimming and participating in Activities with no lifeguard or other water safety personnel present. I understand and agree that any minors accompanying me on the Property must be supervised by me and that minors should not be allowed to swim on the Property unaccompanied by an adult who is competent to supervise the minors.
In consideration for using the Property and in consideration for the right to participate in Activities on the Property, I hereby agree to forever RELEASE AND HOLD HARMLESS Valensin Vineyard & Winery, its owners, agents, employees, officers, directors, insurers, and equipment suppliers (including the manufacturers and suppliers of the boats and water ski and other equipment used in Activities on the Property), as well as the owners of the Property on which Valensin Vineyard & Winery exists (hereafter, “Providers”), from all liability for injury or death or loss of or damage to personal property, including, but not limited to, liability based upon NEGLIGENCE, or breach of any duty or any other legal claim. I understand that this Agreement will apply indefinitely and that this means that I agree not to sue or bring a legal claim against Providers.
I further agree to defend and indemnify Providers for all loss and damage arising from claims or lawsuits for personal injury, death, and property loss and damage that may arise out of my acts, omissions or participation in recreational activities on the Property or that are sponsored by Providers. I agree that if a lawsuit is filed against Providers by me or someone on my behalf that arises out of my use of the Property that the prevailing party in such a lawsuit shall be entitled to recover all attorneys’ fees and all costs incurred in such a lawsuit by that party.
This Agreement is binding upon my children and minors for whom I am acting as guardian, as well as my heirs, executors, administrators, and assigns. I acknowledge that the laws of the State of California govern this agreement. I further agree that any action involving parties or issues relating to or arising out of this agreement must be instituted and prosecuted in the Superior Court for Sacramento County, California. If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.
I agree to abide by the following rules for using the Property:
-No pets are allowed
-No garbage is to be left anywhere other than in the receptacles
-Swimming is allowed if not water craft in is the lake
-No jumping /diving off of the dock surrounding water is shallow
-No running on the dock
-No glass around the lake or boat dock
-No smoking on the Property
-No bicycles, skates, skate boards or other such non water ski equipment are allowed on the dock
-No outside boats or water crafts allowed in the lake at anytime.
-No rock throwing
-No conduct that is detrimental or offensive to other guests or that is in conflict with reasonable recreational uses of the Property
I HAVE CAREFULLY READ THE ABOVE AGREEMENT AND I UNDERSTAND THAT MY SIGNATURE BELOW REPRESENTS MY CONSENT TO THIS AGREEMENT. EACH ADULT GUEST MUST SIGN THIS AGREEMENT.
EACH ADULT GUEST MUST SIGN THIS AGREEMENT
Date: November 24, 2020