GUEST’S VOLUNTARY ACKNOWLEDGEMENT OF RISKS, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT (“AGREEMENT”)
THIS IS A RELEASE OF LIABILITY. ALL GUESTS THAT WANT TO GAIN ACCESS TO SURF RANCH MUST ACKNOWLEDGE THAT PARTICIPATING IN THE TYPE OF ACTIVITIES OFFERED BY SURF RANCH COMES WITH CERTAIN INHERENT RISK. TO THE EXTENT THAT I,AS A GUEST, CAUSE OR CREATE IN ANY WAY AN EVENT THAT INJURES OR DAMAGES ANOTHER PERSON OR PROPERTY, I AGREE TO DEFEND AND INDEMNIFY KSWC (AS DEFINED BELOW) FOR ANY DAMAGE THAT I CAUSE OR CREATE. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THE DISCLOSURES OF RISKS, VOLUNTARILY AND EXPRESSLY ACCEPT AND ASSUME THOSE RISKS, ACCEPT FULL RESPONSIBILITY FOR MY OWN SAFETY AND AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT. THIS RELEASE AFFECTS MY LEGAL RIGHTS – I AGREE TO READ IT CAREFULLY. INTERACTING WITH, OR ENGAGING IN ACTIVITIES IN PROXIMITY TO, THE WAVE (AS DEFINED BELOW) IN THE WAVE BASIN MAY RESULT IN DAMAGE TO PROPERTY, PHYSICAL OR MENTAL INJURY, ILLNESS, DISEASE, OR EVEN DEATH. INTERACTING WITH THE WAVE IS AN EXTREME SPORT AND A HIGH RISK RECREATIONAL ACTIVITY.
This Agreement is between me (also, “Guest”) and KELLY SLATER WAVE COMPANY, LLC and FISH POND, LLC d/b/a SURF RANCH (collectively, “KSWC”) and each of their respective successors, lessors, assignees, licensees, parent companies, subsidiaries, affiliates (including without limitation, Association of Surfing Professionals LLC d/b/a World Surf League), related companies and business concerns, past and present, and each of them, as well as each of their partners, owners, trustees, directors, managers, officers, members, intellectual property holders, agents, attorneys, and employees, past and present (collectively referred to as “Releasees”). My acceptance acknowledges that I (or the minor for whom I am a legal guardian) (collectively referred to as “I”, “me”, or “my”) have voluntarily chosen to surf (for purposes of this this Agreement, the term “surf” is intended to be broadly defined to include, among other things, using a surfboard, paddleboard, boogie board, skim board, or any other object or devise to interact with the wave) or participate in activities in the wave basin, including riding, surfing or interacting with the “WAVE” (i.e., the wave created by KSWC’s wave generation and control system) or engage in other activities in or around the wave basin, the Facilities (defined below), and/or the body of water known as Perkin’s Lake (“Perkin’s Lake”), including, but not limited to swimming, diving (not allowed), surfing, body surfing, boogie boarding, wake surfing, wake skating, stand up paddle boarding,
wakeboarding, foiling, knee boarding, slalom water skiing, trick water skiing, jumping, being pulled by a rope or cable or using a rope or cable, using bikes (manual or electric), skateboarding, inline skating, roller-skating, sliding, floating, tubing, submerging, walking, running, crawling, riding on a jet ski, riding in a motor boat, riding in any moving vehicle (including, but not limited to a car, truck, van, golf cart, and/or utility vehicle), going up/down and/or interacting with stairs/steps/ramps, eating, drinking, and/or spectating, using or interacting with any other equipment, any other activity that may be offered at the Facilities from time to time, and/or any combination of activities (collectively referred to as the “Activities”) and/or engage or use KSWC’s “Surf Ranch” property (including the wave basin and Perkin’s Lake), facilities or equipment (collectively referred to as the “Facilities”). I acknowledge that the purpose of my visit to Surf Ranch is to participate in the Activity services provided, and any engagement with or use of the Facilities is incidental to those services. Additionally, I also acknowledge that although Perkin’s Lake, located near the Airstream campers, is a part of KSWC’s Facilities, it is only utilized for specially designated water sports, such as swimming, stand up paddle boarding, water skiing, wake boarding, foiling, riding in a motorboat and/or other recreational aquatic activities established at KSWC’s sole discretion. Perkin’s Lake is not to be utilized for wading, swimming, or entry by any guest at any time other than at the times specifically designated by KSWC for designated activities. I therefore agree not to enter, or attempt to use Perkin’s Lake for any purpose other than the designated activities at any time due to the extreme risk of injury and danger to guests, as articulated more fully below.
In consideration of the permission granted to me by KSWC to participate in the Activities and/or use the Facilities, and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, I hereby AGREE, promise and covenant on behalf of myself, my spouse, heirs, assigns, personal representatives and estate, as follows: 1. ACKNOWLEDGEMENTS OF RISKS: 1.1. I UNDERSTAND AND ACKNOWLEDGE that use of the Facilities and/or participating in the Activities in which I am about to voluntarily engage are inherently dangerous, represent an extreme test of my physical and mental limits and condition, bear certain known risks and unanticipated risks that could result in PHYSICAL OR MENTAL INJURY, DEATH, ILLNESS OR DISEASE, OR DAMAGE to me or my property. I also acknowledge that even if I do not actively participate in the Activities, my mere presence at, and use of the Facilities carries with it inherent risks which could still result in all of the aforementioned injuries, death, or damage to me or my property. I further understand and acknowledge that helmets are available and recommended by KSWC prior to me participating in the Activities, and that proper use of such helmets may reduce the inherent risks in participating in the Activities. I understand and acknowledge those risks may result in claims against the Releasees. However, I am making an informed choice (including whether I choose to wear a helmet) to voluntarily accept and assume such risks due to the thrills, excitement and/or other benefits of participating in the Activities and/or using the Facilities, and I agree that the benefits of participating in the Activities and/or using the Facilities outweigh the risks, which include but in no way are limited to: 1.1.1 The acts, omissions and/or negligence in any degree of the Releasees, or their agents or employees; 1.1.2 The risks inherent in the Activities, including but not limited to any injuries such as: (a) broken bones (including cartilage) or fractures to any part of the human anatomy, including head, back, neck and spinal cord, (b) concussions, (c) dislocations, (d) torn ligaments and tendons, (e) sprains and strains, (f) cuts to the head, body and/or limbs, (g) torn or broken nails, (h) bumps and bruises; and (i)
eye injuries, including loss of sight; (j) scrapes and other abrasions; (k) penetrated skin; (l) nasal and ear damage; (m) severe muscle cramping; (n) concussions; (o) paralysis; (p) drowning, or the potential for drowning; (q) loss of consciousness; (r) scaring; (s) loss of an important bodily function; (t) dismemberment, disfigurement, permanent disability; (u) death; (v) contracting waterborne or airborne injuries/illnesses (such as those caused by microbes, pathogens, viruses, amoeba, bacteria, or any other substance), while participating in the Activities or interacting with any person, object or substance at the Facilities; (w) injury to my body caused by the use of surfboards, stand up paddle boards, foils, body boards, or other equipment; (x) other external and internal physical and/or mental damage to my body resulting from any use of the Facilities; (y) sickness or death caused by waterborne illnesses, consumption of food or drink, including without limitation food poisoning or allergic reactions; 1.1.3 Latent or apparent defects or conditions of the Activities and/or the Facilities; 1.1.4 Improper or inadequate instruction or supervision regarding the Activities and/or use of the Facilities; 1.1.5 The behavior of co-participants, spectators, or other guests not participating in the Activities; 1.1.6 Accidents or incidents in the Facilities, including but not limited to accidents or incidents in wet areas, such as the decks, tiled, concrete or other wet surfaces in and around the wave basin, inside the wave basin, Perkin’s Lake, hot tubs, showers, lockers and bathrooms, common areas, entry ways and exits, and other locations at the Facilities, which includes all structures, buildings, equipment, machinery and property associated therewith, including means of ingress and egress to the Facilities; 1.1.7 First aid, emergency treatment or services rendered or failed to be rendered by the Releasees, or their agents or employees; and/or 1.1.8 The compounding of any injuries or illness I may sustain as a result of the negligent emergency response(s) of the Releasees, any medical and/or emergency personnel or any other third party. 1.2. I UNDERSTAND AND ACKNOWLEDGE that swimming in Perkin’s Lake entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand and acknowledge that such risks cannot be eliminated without jeopardizing the essential qualities of the Activity, and I agree that the benefits of swimming in Perkin’s Lake outweigh the risks, which include but in no way are limited to: 1.2.1 Drowning, near-drowning, having a muscle cramp and drowning, or near drowning, panicking and drowning or near drowning, being trampled, struck and pushed underwater by other swimmers, another swimmer panicking and causing me to drown, getting tired or exhausted and then drowning or near drowning, discovery of some unknown medical problem during or after the swim which cause some injury/death;
1.2.2 Injury or death caused by contracting waterborne or airborne injuries/illnesses (such as those caused by microbes, pathogens, viruses, amoeba, bacteria, or any other substance);
1.2.3 Injury or death caused by a non-natural object or substance in the water;
1.2.4 Injury or death caused by actions of other individuals in Perkin’s Lake;
1.2.5 Adverse weather conditions such as heavy rain and lightning; and/or
1.2.6 Cold water causing hypothermia or hyperthermia with disorientation/injury/death.
1.3. I UNDERSTAND AND ACKNOWLEDGE the risks associated with riding or driving a bicycle, an electric scooter/electric bicycle, skateboard, golf cart, and/or other transportation device made available at the Facilities, whether supplied by KSWC, myself, or third parties, and assume the risk of the following, including, by way of example only, (i) the dangers of collision with pedestrians, vehicles, riders of other vehicles, bicycles, electric scooters skateboard, golf cart, electric bicycles, and/or fixed and moving objects; (ii) the dangers arising from surface hazards (including curbs, sudden changes in surface elevation, slick or wet surfaces, and potholes), equipment failure, inadequate safety equipment, negligence and weather conditions; and (iii) the possibility of serious physical and/or mental trauma, injury, or death associated with the activity of riding a bicycle, an electric scooter/electric bicycle, skateboard, golf cart, and/or other transportation device.
1.4. I UNDERSTAND AND ACKNOWLEDGE that if I choose to stay overnight at any of KSWC’s Facilities, the body of water known as Perkin‘s Lake, located in proximity to the Airstream campers at the Facilities, is both unmanaged and unsupervised and is not to be used by guests for wading, swimming, or any other purpose outside of the specially designated recreational water sports at the times designated by KSWC. I explicitly agree NOT to approach this water outside of the designated recreational water sports at the times designated by KSWC due to the various risks inherent to Perkin’s Lake, including but not limited to: the varying degrees of depth throughout the water; the risk of collision with other guests participating in high-danger water sports such as stand up paddle boarding, water skiing, wake boarding, foiling; the absence of any lifeguards on duty; the nature of the water which remains unchecked and unmonitored for dangerous conditions, such as rocks, branches, vegetation, animals, and other objects that could cause physical injury, foreign matter, bacteria, etc. Additionally, Perkin’s Lake also presents other non-obvious risks, including but not limited to: wildlife and other disease carrying insects, which may be attracted to stagnant water; the slippery or uneven terrain surrounding the perimeter of Perkin’s Lake; and the brush, trees, or other shrubbery which may impact the perimeter of Perkin’s Lake, such as tree roots which may cause the bank of the lake to suddenly collapse, or branches which may suddenly fall on guests and push them into the water. For these reasons, I agree to respect the various warning signs that have been erected around the perimeter of Perkin’s Lake, and I will not trespass into Perkin‘s Lake during the duration of my stay.
1.5. I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and that these and other risks, known or unknown, identified or unidentified, foreseeable or unforeseeable, anticipated or unanticipated may also result in injury, death,
illness, disease, or damage to me or to my property. I FURTHER ACKNOWLEDGE that (i) I am not and will not be under the influence of alcohol, narcotic or any drug, prescribed or otherwise, which would in any way impair my ability to participate in the Activities, (ii) I have sufficient skill in swimming to safely ride or surf or interact with the WAVE, (iii) I have the skill level necessary to safely ride or surf or interact with the WAVE (if I choose to ride, surf or interact with the WAVE), (iv) I am in good physical and mental health and in proper physical condition to participate in the Activities, and (v) I am not suffering from any condition, disease, illness or disablement which would or could potentially affect participation in the Activities or use of the Facilities. Further, I ACKNOWLEDGE that I am not purchasing or leasing the WAVE, but rather, am being afforded a non-exclusive, revocable right to use the WAVE, and all other aspects of the Facilities, on a limited basis. Further, I acknowledge that I and/or the minor for whom I am a legal guardian am/are not purchasing or leasing the WAVE and/or the Facilities; but rather, am/are being afforded a non-exclusive right to use the WAVE and/or the Facilities. Furthermore, I agree to be familiar with and to abide by all rules and regulations established for the Activities in which I participate. I also accept sole responsibility for my own conduct and actions while participating in these Activities and the condition and adequacy of any equipment that I might own and/or supply in conjunction with those Activities. I FURTHER ACKNOWLEDGE that it is difficult or impossible for KSWC to determine whether I have the proper training, experience or fitness level to participate in the Activities or use the Facilities, or for KSWC to determine whether I fully comprehend any instructions or training provided at the Facilities, and I expressly acknowledge, accept, and assume all risks associated with inadequate training or experience whether or not such training or experience is provided at the Facilities and/or by or on behalf of KSWC.
1.6. I FURTHER AGREE to disclose any and all food allergies, dietary restrictions, and medical health concerns of myself, and I will not consume food to which I am allergic. 2. Voluntary Acceptance and Assumption of Risk and Responsibility2.1. Except as set forth in Section 4, I EXPRESSLY AND VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES AND RISK FOR INJURY, DEATH, ILLNESS, DISEASE, OR DAMAGE to me or to my property arising from and/or relating to my participation in the Activities and/or use of the Facilities. I ALSO ACKNOWLEDGE AND VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES AND RISK FOR INJURY, DEATH, ILLNESS, DISEASE OR DAMAGE to me or to my property arising from and/or relating to my presence at the Facilities, even if I do not participate in any Activities, including any spectating, bystanding, and loitering I may engage in while at the Facilities. I THEREFORE HOLD HARMLESS KSWC FOR ANY OF THE ABOVE DESCRIBED INJURY, DEATH, ILLNESS, DISEASE, OR DAMAGE TO ME OR TO MY PROPERTY. 3. Release of Liability3.1. No Admission of Liability: The Parties acknowledge and agree that nothing in this Agreement is intended or may be deemed to constitute an admission or concession of liability or other evidence of any wrongdoing or liability on the part of KSWC. 3.2. General Release of All Claims by Guest and Covenant Not To Sue: Except for the obligations of this Agreement and subject to Section 4, I, on behalf of myself, and my heirs, successors and assigns, do hereby forever, finally, fully, unconditionally, irrevocably, and completely relieve, release, acquit, and discharge the Releasees, from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements, liens, losses attorney’s fees, costs and expenses, damages, injuries, deaths, suits, actions, and causes of action, of whatever kind or nature, whether legal or equitable, known or unknown, suspected or unsuspected, contingent or fixed, that are related to, arise from, are based upon, have resulted from, or which may result from, my active or passive participation in any of the Activities and/or my use of the Facilities. Furthermore, I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER and will apply to all current and future participation in the Activities or use of the Facilities. I understand that this RELEASE OF LIABILITY will prevent me, my children, my heirs and/or my estate from bringing any action at law, suit in equity, or other jurisdictional proceeding or making any claim for damages, injury or death in the event of damage, injury or death arising from participation in the Activities or use of the Facilities. 3.3. Waiver of California Civil Code Section 1542. I, for myself and on behalf of the Releasing Parties, understand and agree that the releases set forth in paragraphs 3.1 and 3.2 include a release of all Released Claims under Section 1542 of the Civil Code of the State of California (“Section 1542”), which is hereby expressly waived by me on behalf of myself and the Releasing Parties. Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Notwithstanding Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Claims, I, for myself and on behalf of the Releasing Parties, expressly acknowledge that the releases set forth in paragraphs 3.1 and 3.2 shall be intended to include, and shall include in its effect, without limitation, all Released Claims which the Releasing Parties do not know or suspect to exist in their favor against the Released Parties at the time of execution hereof, and that the foregoing release expressly contemplates the extinguishment of all such claims. 4. Limitation to Sections 2 and 3 4.1. Sections 2 and 3 do not apply with respect to a claim against any Releasees or Releasees’ liability to the extent that the applicable governing law does not permit such claim to or liability to be excluded, disclaimed or released in such manner (for example, liability resulting from such Releasees’ willful misconduct). 5. Indemnity5.1. Terms Defined: The following terms shall have the following definitions: 5.1.1 “Indemnitee” shall mean, individually and collectively, KSWC and its directors, shareholders, partners, managers, members, officers, agents, employees, Releasees (defined above), KSWC’s Affiliates (defined below), and landlord under any ground or underlying lease affecting the property, any mortgagee of the Property or of KSWC’s interest therein, and any additional insured. 5.1.2 “Affiliate” shall mean, with respect to any entity, any other individual or entity that directly or indirectly controls, is controlled by or is under common control with that entity, and any director, shareholder, partner, member, officer, agent, or employee of such individual or entity. For the purposes of this definition, “control” (and its permutations) as applied to an entity, means the possession directly or indirectly, of the power to direct or cause the direction of such entity’s management and policies, whether by ownership of voting securities, by contract or otherwise. 5.2. Guest’s Indemnity and Defense Obligations: To the fullest extent permitted by law, I shall defend, indemnify and save harmless the Indemnitees from and against any claim, demand, suit, cause of action, proceeding, damages, fine, fee, penalty, liability, loss, lien, cost and/or expense (including, without limitation, reasonable attorneys’ fees and expenses and court costs), whether for personal injury, theft, property damage, wrongful death or otherwise (collectively, “Claims”) arising or alleged to have arisen out of, incurred in connection with, or relation to any of the following: (a) my breach of any obligation, representation or warranty under this Agreement, (b) any act, omission, negligence or willful misconduct of myself, my heirs, successors and assigns, (c) any claims for passive or active negligence or fault of the Indemnitees or for strict liability for abnormally dangerous activities asserted by myself, my heirs, successors and assigns, or (d) any claims, loss or lawsuit that allege that I negligently or intentionally caused any injury, damage, or death to spectators or other third parties in the course of my participation in the Activities and/or use of the Facilities. If any Claim is made or brought against an Indemnitee, I shall, upon written demand from the Indemnitee, defend each such Claim at my expense by counsel reasonably satisfactory to the Indemnitee. Without limiting anything contained in this Section 5.2, if I fail to assume the defense of any Claim within five (5) business days after demand, then Indemnitee may employ counsel of its choice to defend the Claim at my sole expense. This indemnity provision is to be interpreted to afford the greatest relief to Releasees, as recognized under California law, and will obligate the indemnitor even if Releasees are found to be actively negligent. 5.3. Guest’s Rights to Settle: I agree not to settle, compromise, or discharge any Claim for which I have assumed the defense without the Indemnitee’s prior written consent. Indemnitee shall not unreasonably withhold Indemnitee’s consent to a settlement, compromise or discharge but only if such settlement, compromise or discharge (a) constitutes a complete and unconditional discharge and release of each Indemnitee, (b) provides for no relief against Indemnitee other than the payment of monetary damages, (c) all monetary damages are paid in full by Guest and (d) no criminal conduct is alleged to have occurred. 6. Release of All Rights Related To My Audio and Photographic Image6.1. I HEREBY IRREVOCABLY GRANT TO KSWC and its parents, affiliates (including without limitation, Association of Surfing Professionals LLC d/b/a World Surf League), subsidiaries, licensees, successors, and assigns, in perpetuity, the exclusive, worldwide right to: (1) make use of my name, voice, likeness, appearance, performance (including, without limitation, any musical performance), and image, and the results and proceeds thereof, as depicted in any type of photograph and/or recording provided by or taken of me, including photographs, films or videos in any form (including but not limited to webcasts, broadcasts, films, DVDs, and any deletions, alterations or revisions thereof) in connection with my spectating of the Activities and/or use of the Facilities, and/or the WAVE, and/or related materials (collectively, the “Recordings”) and to edit the same at KSWC’s discretion; (2) reproduce, print, publish, manufacture, distribute, exploit, sell and otherwise use the Recordings, and authorize others to do so, in any and all media, in whole or in part, with or without my name and biographical details attached thereto, for any purpose, including promotional and documentary purposes, an unlimited number of times; and (3) exhibit, distribute, market, advertise, promote, license, sell and/or otherwise exploit any and all content produced with the Recordings contained therein (collectively, the “Content”), in whole or in part, and authorize others to do so, in all forms of media now or subsequently known or developed; without any reimbursement of any kind due to me, or the need to pay me any fee or compensation whatsoever. 6.2. I understand and agree that: (i) this release and grant of rights shall not entitle me to any fees or other monetary compensation; (ii) this release and grant of rights includes, without limitation, any and all marketing, promotion and/or advertising that may occur anywhere and anytime on any media as used by KSWC and/or its parents, affiliates, subsidiaries, licensees, successors, and assigns; (iii) as between KSWC and me, KSWC or its designees shall own the copyright in the Recordings, the Content and any materials produced in connection therewith; (iv) the Recordings and any services provided by me hereunder are on a “work for hire” basis for KSWC under U.S. Copyright Law and any other applicable law; (v) to the extent any such services and/or Recordings are not considered a “work made for hire”, I HEREBY ASSIGN in perpetuity, all rights in and to such services and/or Recordings to KSWC on an exclusive, worldwide basis, and such assignment shall be deemed irrevocable and coupled with an interest; (vi) I hereby waive any and all so-called moral rights of authors or “droit morale” in favor of KSWC; (vii) KSWC is not obligated to use my services or the Recordings; (viii) I hereby waive any right of inspection or approval of the Recordings or any use thereof; and (ix) KSWC may freely license, transfer, sell or assign any or all of the rights granted to it herein to any person or entity for any purpose. 6.3. FURTHERMORE, I HEREBY FOREVER RELEASE the Releasees from any and all claims that I have or may have relating to the Recordings, the Content, any materials produced in connection therewith, and/or the rights granted herein and agree that in no event shall I seek or have the right to enjoin, interfere with or otherwise inhibit the development, production, exhibition, distribution, promotion or exploitation of the Recordings, the Content, or any materials produced in connection therewith, to rescind any rights granted hereunder or to claim further consideration for the same. 7. Filming/Photography7.1. I agree that I may only photograph, film or otherwise make a recording of the Activities, the WAVE and/or the Facilities (collectively, “Personal Images“) for my own personal non-commercial use and I will not authorize or permit any third parties to make use of any Personal Images without KSWC’s prior written approval in each instance. For the avoidance of doubt, to the extent I wish to use any Personal Images, or otherwise create or produce any audiovisual content (in any form) featuring the Activities, the WAVE and/or the Facilities for commercial purposes, then any such use will be conditioned on the a negotiation of commercial terms acceptable to KSWC in its sole discretion. 8. Personal Property8.1. None of the Releasees shall have any liability to me or anyone else in the event of loss, damage, destruction or use, whether authorized or not, by any person, or theft of my property and/or any personal effects. I agree that I am responsible for the security and safety of my property that I use, bring to, or leave at the Facilities, and that the Releasees cannot and do not guaranty the security or safety of my property. Should I leave any property at the Facilities or otherwise in the custody of any of the Releasees, I do so at my sole and absolute risk. 9. General9.1. This Agreement constitutes the sole and entire agreement between myself and the Releasees with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Releasees (and their successors and assigns) and you (and your representatives and heirs). All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement shall be resolved solely and exclusively through final and binding arbitration conducted in Los Angeles, California, and administered by Judicial Arbitration and Mediation Service (JAMS). 9.2. Right to Refuse. I agree and understand that the staff and/or owners of KSWC reserve the right to refuse entry, suspend or cancel the Activities for any participant at any time for any reason. I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ, AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY, THIS AGREEMENT. I ACKNOWLEDGE THAT I ENTER INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY. I EXPRESSLY ACKNOWLEDGE THE RECEIPT AND ADEQUACY OF GOOD AND VALUABLE CONSIDERATION FOR AGREEING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN ONE OR MORE OF THE ACTIVITIES, AND THAT I HAVE HAD ADEQUATE OPPORTUNITY TO OBTAIN FULL LEGAL, MEDICAL AND OTHER ADVICE PRIOR TO SIGNING THIS AGREEMENT. I AGREE THAT WHEN I SIGN THIS AGREEMENT, IT WILL BE IRREVOCABLE AND BINDING ON ALL PARTIES, SUBJECT TO THE TERMS AND CONDITIONS HEREOF, AND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL APPLY TO MY CURRENT PARTICIPATION AND ALL FUTURE PARTICIPATION IN THE ACTIVITIES AND/OR USE OF THE FACILITIES IN PERPETUITY. BY SIGNING BELOW, I, THE UNDERSIGNED, ACKNOWLEDGE THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES, ON MY BEHALF AND (IF APPLICABLE) ON BEHALF OF PARTICIPANT.
May 12, 2025
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