This Release Agreement is given in favor of Margarita Adventures LLC, a California limited liability company, and its lessor, Santa Margarita Ranch, LLC, and all and each of their managers, licensors, lessors, concessionaries, and/or operators, and each of their officers, managers, partners, members, employees, agents, independent contractors, subcontractors, guides, representatives, successors, assigns, volunteers, sponsors, promoters, and advertisers (all of whom are hereafter collectively referred to as “Released Parties”). This Release Agreement applies to participation in zip line canopy tours and other activities operated by Margarita Adventures LLC. Additional activities may include hiking, biking, photography, jeep or other vehicle touring, swimming, rock climbing, and other associated recreation activities (“Tour Activities”).
ASSUMPTION OF RISKS - I have read and agree to the following:
I acknowledge that the above stated parties reserve the right to decline accepting or retaining any participant whose health or action, in the operators’ sole judgment, impedes the participant’s welfare or the welfare or enjoyment of fellow participants. In addition, I understand that my participation is contingent on my meeting age and weight criteria imposed to protect the safety of participants.
I understand the nature of the activities and represent that I am qualified to participate in such activities, whether the specific risks are identified herein or not. I further acknowledge and accept that it is my responsibility to consult with my own personal physician about my physical health, fitness, and ability to participate in the zip line canopy tours and I have done so prior to engaging in such activities. In addition, I understand that participating in Tour Activities while under the influence of drugs or alcohol is not advised and is done at my own risk.
I FULLY UNDERSTAND zip line canopy tour participation, and participation in other Tour Activities, involves inherently dangerous activities/sports in which I participate at my own risk, and involves risks and dangers of property damage, illness, serious bodily injury, including permanent disability, paralysis, and death, as well as other risks, including, without limitation, the following specific risks associated with use of a zip line:*
· Participant’s body parts, including hair, could become entangled in equipment, causing injury, pain, and disfigurement;
· Participant may fall from a height as high as 100 feet, resulting in severe injuries or death;
· Participant may slam into a platform or landing area, or miss the platform, resulting in injury and/or events leading to injury or death;
· Participant may not be securely fastened by a guide or employee and may fall, resulting in injury or death;
· Equipment could fail; cables and/or harnesses could slip and/or break, resulting in injury or death;
· Participant may collide with another participant or employee, which may result in risks of death, paralysis, or serious injury;
· Participant may re-injure a previous injury;
· This is an outdoor activity and therefore includes risks associated with exposure to the elements, wild animals and insects, as well as heat exhaustion, hypothermia, and related conditions;
· Participant may become sick from the swinging motion resulting in nausea, vomiting, dizziness, or other illness, and such condition may decrease reaction time resulting in injury;
· Attack by or encounter with insects, reptiles, and/or animals;
· Fatigue, chill, and/or dizziness, which may diminish participant’s reaction time and increase the risk of accident.
I understand that any transportation offered to the zip line canopy tours is also taken at my own risk.
I am aware that activities take place in a location where the medical facilities, supplies and services may not be easily accessible or adequate.
In addition to the zip line, I understand all other Tour Activities involve rugged physical activities that require appropriate gear, protective pads, bikes, helmets, shoes and/or apparel, and I am responsible for bringing and using such items while participating in all Tour Activities.
In addition, I acknowledge that novel coronavirus (“COVID-19”) infections have been confirmed throughout the United States, including several cases in San Luis Obispo County, California and other surrounding counties. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the California Department of Public Health (CDPH), and the San Luis Obispo County Public Health Agency (“Public Health”) for slowing the transmission of COVID-19, I hereby agree, represent, and warrant that within the past 14 days I have not (i) returned from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) been exposed to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) been exposed to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Notices list is updated regularly. I hereby agree, represent, and warrant that I am not (i) experiencing symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, and (ii) do not have not a suspected or diagnosed/confirmed case of COVID-19.
Margarita Adventures has taken certain steps to implement recommended guidance and protocols issued by Public Health for slowing the transmission of COVID-19, including, without limitation, the restrictions set forth above. I acknowledge and agree that, at times due to the nature of the Tour Activities, social distancing of 6 feet per person is not possible. I fully understand and appreciate both the known and potential dangers of utilizing the Tour Activities and acknowledge that use thereof may, despite Margarita Adventures’ reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
I understand all other risks associated with zip line canopy tours and other Tour Activities are numerous, including unknown or unanticipated risks to me that could result in property damage, illness injury, or death. THESE RISKS AND DANGERS MAY BE CAUSED BY MY OWN ACTIONS OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHERS PARTICIPATING IN SUCH ACTIVITIES, THE ACTIONS OR INACTIONS ON THE PART OF THE RELEASED PARTIES OR THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF RELEASED PARTIES OR THEIR STAFF TO SAFEGUARD OR PROTECT PARTICIPANT FROM THE RISKS, DANGERS AND HAZARDS OF THE ZIP LINE CANOPY TOURS OR OTHER TOUR ACTIVITIES, OR THE CONDITION IN WHICH THE ACTIVITIES TAKE PLACE.
INDEMNITY AND HOLD HARMLESS
I hereby agree to indemnify and save and hold harmless the Released Parties, and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, of the Released Parties or otherwise while I am in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the Released Parties or the Tour Activities. I agree and acknowledge that participation in the Tour Activities may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage. I HEREBY ASSUME FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to me due to negligence, active or passive, of Released Parties or otherwise while in, about or upon the premises of the Released Parties and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the Released Parties or the Tour Activities. I acknowledge that any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response of the Released Parties and waive any claim in respect thereof.
I hereby unconditionally and irrevocably consent, authorize and grant Margarita Adventures LLC all necessary authority, right and license and permission to use photographs, audio or video recordings, or other forms of recordings that capture my image, likeness, or voice (or all of these) (collectively hereinafter referred to as “Images”), in which I may be included in whole or in part, in any manner or media, including print, broadcast, internet media, direct marketing channels, downloadable content and applications, and all other technologies now known or hereafter developed. The Images may be used or exploited for any commercial or noncommercial purpose whatsoever, and may be altered, modified, changed, combined or incorporated into other works. I hereby relinquish any rights I may have in the Images (including privacy, personality and publicity rights). No fees or other compensation whatsoever will be provided to me for or in connection with the use of the Images. I hereby release Margarita Adventures LLC from any and all claims which I may now or in the future have relating to the ownership, reproductions, display, distribution or other use of the Images.
In entering into this Release Agreement, participant acknowledges he or she is not relying upon any oral or written representations or statements made by the Releasees about the zip line canopy tours other than what is set forth in this Release Agreement.
This Release Agreement shall be binding to the fullest extent permitted by law. If any provision of this Release Agreement is found to be unenforceable, the remaining terms shall be enforceable.
This Release Agreement shall be effective and binding upon participant’s heirs, next of kin, executors, administrators, assigns and representatives, in the event of participant’s death or incapacity.
This Release Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the state of California, without regard to conflict of laws principles. Any litigation involving the parties to this Release Agreement shall be brought solely within the State of California, County of San Luis Obispo.
I further expressly agree that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT. I ALSO AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).
I HAVE READ THIS RELEASE AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.