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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

In consideration for being permitted to participate in various recreational activities offered at Solage (the “Resort”) including but not limited to: biking, swimming, hiking, fitness classes, use of any vehicles offered on property, visiting and/or touring wineries and wine shops, and the use of any related equipment no matter who the activities are conducted by (the “Activities”), at any time during my stay at the Resort, I hereby agree to the following terms of this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnification Agreement (the “Agreement”) as follows:

On behalf of myself, my spouse, my children, my parents, my heirs, assigns, representatives, agents, estate, and any other individual or entity asserting or purporting to assert claims by or through me and/or my minor child, I hereby release, waive, discharge and covenant not to bring a claim against or to sue Solage Owners LLC dba Solage, Auberge Resorts LLC, and/or each or any of their subsidiaries, affiliates, directors, officers, employees, members, agents and/or representatives (collectively the “Owner”).

ACKNOWLEDGEMENT: I hereby acknowledge, attest, and agree that the Activities are subject to naturally occurring hazards and dangers of all kinds, including by way of example only, exposure to weather and climate conditions (including sudden changes and extremes of heat and cold), trips, slips, falls, rugged terrain and ground conditions, hazards associated with water (including flash floods, swells, waves, surf, white water, rapids, and whirlpools), hazards associated with proximity to and/or contact with other individuals , as well as materials and equipment handled and/or used by other individuals (including the possibility of contracting COVID-19 and/or other infectious diseases), animals, reptiles, insects, and ground surface and other terrain and topographical conditions. In addition, there are hazards and dangers that are the result of human error and from manmade structures, equipment, vehicles, and other materials, goods, clothing, and otherwise, including risks of inadequacy, malfunction, misuse, defect, lack of proper sterilization, or other failure. Participation in the Activities may also demand physical fitness, coordination, strength, endurance, speed, reaction time, mental capacity, talent, and ability (“Physical Capacity”) and, because of such physical demands, necessarily carries inherent and unpredictable risks of injury of all kinds, as well as risks of death due to physical demands, regardless of participants’ Physical Capacity.

ASSUMPTION OF RISK: I hereby acknowledge, attest, and agree that I am personally capable of understanding and appreciating the gravity, scope, and implications set forth in the Acknowledgment, above, as well as any and all risks of any kind associated with participating in the Activities including, in particular, all risks associated with proximity to and/or contact with other individuals, as well as materials and equipment handled and/or used by other individuals (including the possibility of contracting COVID-19 and/or other infectious diseases). Based on my personal knowledge and understanding of all risks involved in participating in the Activities, including but not limited to all issues set forth in the Acknowledgment, above, I hereby, voluntarily and knowingly fully assume any and all responsibility for and risk of personal injury, illness (including, contraction or spread of COVID-19 and/or other infectious diseases), or other harm of whatever kind, nature, or seriousness (including illness, hospitalization, death, dismemberment, permanent paralysis, etc.) from participating in the Activities in any way, including actually performing any Activity, preparing to perform any Activity, observing any Activity, or being in the presence of others performing, preparing to perform, or observing any Activity. I further agree to assume any and all responsibility for and risk involved in or arising from the selection, performance, or observation of any Activity, and/or the selection, performance, or observation of any vendor, contractor, supplier, or provider of any Activity. Any and all such risks are within my knowledge and are assumed by me regardless of the cause and include responsibility for damage to property or harm done by me to others. This assumption of risk is undertaken freely, without any coercion, pressure, or undue influence and only after full, personal evaluation of the implications and meaning of the same, which I have undertaken to my satisfaction. 

NO RELIANCE: I have not and am not relying on any other individual or entity, including but not limited to Owner(s), for any purpose in entering into this Agreement and/or the Acknowledgment and Assumption of Risk included herein, and expressly disclaim reliance on any other individual or entity for any purpose associated with this Agreement and/or the Acknowledgment and Assumption of Risk included herein. I also have not and am not relying on any other individual or entity, including but not limited to Owner(s), with respect to my selection of or participation in any Activity and/or any vendor, contractor, supplier, or provider of any Activity.  

I hereby agree to assume and accept any and all known and unknown risks of injury, damage, or harm of any kind while participating in any of the Activities, INCLUDING, WITHOUT LIMITATION, ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY, DAMAGE, OR HARM OF ANY KIND CAUSED, IN ANY PART, BY THE NEGLIGENCE OR OTHER WRONGFUL ACTS OR OMISSIONS OR FAULT OF THE OWNER(S) OR ANY PERSON OR ENTITY ACTING FOR, THROUGH, OR ON BEHALF OF THE OWNER(S).

RELEASE, WAIVER AND INDEMNITY OF CLAIMS AGREEMENT:  In consideration for being permitted to participate in any or all of the Activities, I hereby agree on behalf of myself and/or my child, as follows:

1.      I hereby release, waive liability against, discharge, and agree not to sue the Owner(s) with regard to any and all liability for any loss, damage, injury, or expense that may arise out of, be related to or associated with, result from, or be caused by, in whole or in part, my and/or my minor child’s participation in, preparation for, or observation of the Activities, WHETHER OR NOT CAUSED, IN ANY PART, BY THE NEGLIGENCE OR OTHER WRONGFUL ACTS OR OMISSIONS OR FAULT OF THE OWNER(S) OR ANY PERSON OR ENTITY ACTING FOR, THROUGH OR ON BEHALF OF THE OWNER(S); and

2.      I hereby agree to defend, indemnify and hold harmless the Owner(s) and each of them against any demands, claims, liability, damage, and loss of any kind, which may arise out of, relate to, result from, or be caused, in whole or in part, by my and/or my minor child’s participation in, preparation for, or observation of the Activities, whether or not caused in any part by the negligence or other wrongful acts or omissions or fault of the Owner(s) or any person or entity acting for, through or on behalf of the Owner(s). This includes but is not limited to demands, claims, liability, and losses of any kind related to or arising from my and/or my minor child or other third parties, and any injury, disability to, or death of any person(s), and/or damage to any equipment or other property, WHETHER OR NOT CAUSED, IN ANY PART, BY THE NEGLIGENCE OR OTHER WRONGFUL ACTS OR OMISSIONS OR FAULT OF THE OWNER(S) OR ANY PERSON OR ENTITY ACTING FOR, THROUGH, OR ON BEHALF OF THE OWNER(S).

MEDICAL INFORMATION/CARE: I hereby consent to receive and/or authorize my minor child to receive first aid and/or medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness while participating in the Activities, but acknowledge that the Owner(s) shall have no duty, obligation, or liability arising out of the provision of, or failure to provide, first aid or medical treatment. I understand that participation in some of the Activities may be conducted by other parties and/or at a site that is remote and not immediately accessible by emergency medical services or other outside medical assistance.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to its subject matter. I am not relying upon any oral, written, or other representations of any kind by Owner(s) other than what is set forth in this Agreement. I further expressly and absolutely disclaim any and all reliance on any statement or representation made by any Owner(s), any representative of any Owner(s), and/or any other individual or entity that is not included in this Agreement for any purpose. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed, and the remainder of this Agreement will remain in full force and effect.

MISCELLANEOUS: This Agreement shall be governed by the laws of California and construed broadly to provide a release, waiver, assumption of risk and indemnification to the fullest extent permissible by law. State and federal courts in California will be the exclusive jurisdiction and venue for any claim arising out of this Agreement.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE FULLY READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.

 

First Guest's Name

First Name*

Middle Name

Last Name*
First Guest's Age Acknowledgment*
First Guest's Date of Birth*
I certify that I am 18 years of age or older
First Guest's Signature*
Second Guest's Name

First Name*

Middle Name

Last Name*
Second Guest's Date of Birth*
Third Guest's Name

First Name*

Middle Name

Last Name*
Third Guest's Date of Birth*
Fourth Guest's Name

First Name*

Middle Name

Last Name*
Fourth Guest's Date of Birth*
Fifth Guest's Name

First Name*

Middle Name

Last Name*
Fifth Guest's Date of Birth*
Sixth Guest's Name

First Name*

Middle Name

Last Name*
Sixth Guest's Date of Birth*
Seventh Guest's Name

First Name*

Middle Name

Last Name*
Seventh Guest's Date of Birth*
Eighth Guest's Name

First Name*

Middle Name

Last Name*
Eighth Guest's Date of Birth*
Ninth Guest's Name

First Name*

Middle Name

Last Name*
Ninth Guest's Date of Birth*
Tenth Guest's Name

First Name*

Middle Name

Last Name*
Tenth Guest's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Additional Details

Room #
As the parent and/or legal guardian of Minor (“Minor”), I hereby represent that I am in fact acting in such capacity and agree to the terms stated in this Agreement and further agree to release, waive liability, discharge, defend, indemnify, and hold harmless the Owner(s) from all demands, claims, liability, and losses that may be imposed upon the Owner(s) by myself and/or the Minor on behalf of myself and/or the Minor.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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