THIS IS A SAMPLE WAIVER
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT MARIN AGRICULTURAL LAND TRUST GUIDED EVENT NOTICE: BY SIGNING THIS AGREEMENT, YOU ARE ASSUMING ALL RISK AND RELEASING THE PARTIES IDENTIFIED BELOW OF ALL LIABILITY. READ THIS DOCUMENT CAREFULLY. On behalf of myself, or on behalf of the minor for whom I am legally responsible (the “Minor”): I fully understand that my and/or the Minor’s participation in Marin Agricultural Land Trust (“MALT”) sponsored activities and events, including hiking, walking, and touring ranches and farms, involves inherent risks. These risks include but are not limited to those caused by terrain, natural hazards, animal husbandry, ranching, wildlife, facilities, temperature, weather, condition of equipment, vehicles, food or beverages, other people, and distance from medical services. With this knowledge, SAMPLE - I attest that I and/or the Minor are medically able, prepared, and properly trained to participate in this event activity.
- I agree to abide by all applicable laws and by the rules and regulations established by MALT for this event activity and to ensure that any Minor does the same. I further agree to abide by, or ensure that any Minor abides by, any decision of any MALT personnel related to (i) my/our ability to safely complete the event activity; (ii) the safety and wellbeing of other attendees; (iii) the protection of the property, including livestock, wildlife, and sensitive environmental features; or (iv) any other matter related to the conduct of the event activity.
- Should I or the Minor require medical treatment related to participating in the event activity, I authorize MALT personnel to seek such medical treatment, and further authorize any physician to render such medical treatment, as they may deem necessary and appropriate to preserve the health and wellbeing of me or the Minor. I understand that any medical or related costs incurred while treating me or the Minor will be my sole responsibility. I also understand that temporary emergency measures may be necessary to safeguard my or the Minor’s health. I authorize and request MALT personnel to administer or supervise such treatment as MALT may deem necessary, including but not limited to the use of an epinephrine auto-injector (e.g. EpiPen), until I or the Minor can be safely transported to a doctor or hospital.
- In consideration for permitting me and/or the Minor to participate in the event activity, I hereby release, discharge, agree not to sue, and hold harmless the Released Parties (defined below) for any injury, illness, loss, loss of life, or damage to or loss of property that I or the Minor may suffer, and any and all other claims, demands, actions, or suits arising as a result of, or in connection with, the event activity (including but not limited to the use of property or equipment owned or provided by the Released Parties; travel in vehicles owned, provided, or operated by the Released Parties; the provision of first aid or other emergency medical care; and travel to or from the event activity) (collectively, “Claims”), even if caused by the negligence of any of the Released Parties or anyone else. I understand that the Released Parties may not carry insurance to cover participants in the event activity. In addition, I agree to indemnify, defend, and hold harmless MALT and the Released Parties from any Claim or action filed by any third party due to my actions or those of the Minor related to the event activity. The “Released Parties” include MALT; any event sponsors; the property owner; volunteers; and each of their respective directors, officers, employees, and agents, past, present, or future. This waiver and indemnification is binding on my heirs, personal representatives, and successors and those of the Minor, and will benefit the heirs, personal representatives, successors, and assigns of the Released Parties.
- I grant full permission to MALT and/or agents authorized by them to use any photographs, videotapes, motion pictures, recordings, or any other record of this event activity for any purpose.
SAMPLE THIS RELEASE OF ALL CLAIMS AGAINST THE RELEASED PARTIES SHALL BE EFFECTIVE EVEN THOUGH THE INJURY, LOSS OF LIFE, OR PROPERTY LOSS MAY BE CAUSED, IN WHOLE OR IN PART, BY THE SOLE NEGLIGENCE OF THE RELEASED PARTIES. I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN ME AND THE RELEASED PARTIES. I UNDERSTAND THAT AS AN ALTERNATIVE TO SIGNING THIS DOCUMENT, I MAY CHOOSE NOT TO PARTICIPATE IN OR ALLOW THE MINOR TO PARTICIPATE IN THE EVENT ACTIVITY. I agree that if any portion of this release and agreement is invalid, the balance shall continue in full force and effect. I hereby warrant that I am a legally competent adult and, if signing on behalf of a minor or minors, that I have every right to contract for the Minor(s) in the above regard.
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