- ACTIVITIES: I have chosen to participate in nature walks with Confluence Outdoor Ed., LCC. In this Agreement the term “nature walks” includes walking on trails or footpaths that run through the countryside, along rivers, levees, in nature along which there are marked stations or stops next to points of natural, technological or cultural interest. (hereinafter “nature walks”).
- ASSUMPTION OF RISKS: Nature walks can take place on steep, rugged and challenging terrain, and will expose the participant to risks, dangers and hazards. I hereby freely assume the inherent risks as well as any other risks, harm, injury, illness, or loss that may occur to me or my property as a result of my participation in riding including any injury, illness, or loss caused by the negligence of Confluence Outdoor Ed., LCC, an incorporated company and its (their) directors, officers, mangers, employees, volunteers, agents, instructors, independent contractors, sponsors, successors and assigns (hereinafter “Released Parties“).
- RELEASE OF LIABILITY AND WAIVER OF CLAIMS: I hereby release the Released Parties from all liabilities, causes of action, claims and demands that arise in any way from any injury, illness, death, loss or harm that occur to me or to any other person or to any property during riding or in any way related to nature walks. This Agreement includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This Agreement does not extend to claims that California law does not permit to be released by Agreement. I also agree not to sue or make a claim against the Released Parties for death, injuries, loss or harm that occur during riding or are related in any way to nature walks.
- INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to indemnify, hold harmless and defend the Released Parties against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to the indemnify, hold harmless and defend Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during nature walks. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
- AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the nature walks provided to me and to follow directions given to me by the leaders of the nature walks.
- SEVERABILITY: I agree that the purpose of this Agreement is that it shall be enforceable as broad and inclusive as is permitted by California law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
- APPLICABLE LAW AND FORUM: This Agreement shall be construed in accordance with the laws of the state of California, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with riding shall be brought only in the state or federal court located in Sacramento County, California, and I agree to the jurisdiction and venue of those courts for any such dispute.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL
Date: April 22, 2021