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Liability Waiver


Individual Liability

1. Identification of Parties. This Facility Use Agreement (“Agreement”) is entered into by and between PACIFIC UNION COLLEGE, a California nonprofit religious corporation (“Licensor”) and the entity or individual(s) executing this Agreement as licensee (“Licensee”).

 

2. Use of Facility. Licensor is the owner of that certain facility (“the Facility”) in Mendocino County, California commonly known as “the Albion Field Station.” For the consideration specified in Schedule “A” attached hereto and incorporated herein (“the Schedule”), the registered guests of Licensee (collectively “Licensee Parties” or individually, a “Licensee Party”) may only use those portions of the Facility and only during those times specified in the Schedule. Each Licensed Party shall register with Licensor at the Facility office before he or she uses the Facility.

 

3. Non-Exclusive Use. Unless otherwise specified in the Schedule, Licensee’s use of the Facility is on a non-exclusive basis (i.e., certain portions of the Facility may also be used by other parties concurrently with Licensee’s use) except for those lodging units and other portions (if any) of the Facility exclusively reserved by Licensee as specified in the Schedule.

 

4. Use Fees. Licensee agrees to pay all fees specified in the Schedule. Licensee authorizes Licensor to charge against the credit card (“the Credit Card”) specified in the Schedule the deposit amount (“the Deposit”) shown on the Schedule. This amount shall be no less than the charge for one night lodging plus a fee for the exclusive reservation of other portions of the Facility (if any). Licensee also authorizes Licensor to charge the Credit Card: (a) the balance of the fees due under this Agreement not otherwise paid on or before the check-out date specified on the Schedule; (b) any damages caused by the use of the Facility by the Licensee Parties; and (c) any other charges or fines imposed on Licensee Parties pursuant to this License.  

 

5. Cancellation. Licensee shall be entitled to a full return of the Deposit provided that Licensee notifies Licensor in writing of Licensee’s cancellation of this License (“Cancellation Notice") no less than two (2) months prior to the Occupancy Date specified in the Schedule. Licensee shall not be entitled to a refund of the Deposit if Licensor receives Licensee’s Cancellation Notice less than two (2) months prior to the Occupancy Date unless another group uses that portion of the Facility reserved by Licensee hereunder for the period covered by this Agreement. Licensee shall be entitled to only a partial refund of the Deposit if only a percentage of the Facility reserved by Licensee are used by a third party for the period covered by this Agreement. In said event, the refund shall be equal to the fees paid by the third party during the Occupancy Dates for that portion of the Facility reserved by Licensee hereunder (i.e. said third-party payments that qualify for Licensee’s refund do not include other charges such as meals and damages, etc. incurred by the third-party).

 

6. Check-in / Check-out Times. Licensee Parties are not to arrive at the Facility prior to the check-in time of 3:00 p.m. unless otherwise specified in the Schedule. Check-out time is 11:00 a.m. unless otherwise specified in the Schedule.  Licensor may charge Licensee a fee of $12.00 for each Licensee Party that arrives at the Facility before check-in time. A day use fee of $12.00 will be charged for each Licensee Party that remains on the Facility past 11:00 a.m. after checking out. Licensee will be charged an additional $20 per every half hour for each lodging unit that is not vacated on or before 11:00 a.m. The fees or times specified herein may be modified by the Schedule. Licensee’s liability for said charges does not entitle a Licensee Party to be on the Facility before or after the reserved time specified in this Agreement (i.e., Licensor reserves the right to prohibit such day use).

 

7. Maximum Occupancy. For safety and insurance reasons, no more than four people may sleep in any lodging unit nor may more than two people sleep in a single loft.

 

8. Food Service. Licensor agrees to provide the meals and at the costs specified in the Schedule. The minimum charge per meal as specified in the Schedule shall apply in the event that the number of Licensee Parties partaking a particular meal would result in meal charges for the meal of less than the minimum charge. Licensee shall be liable for the minimum meal charge for all meals cancelled less than seven (7) days prior to the earliest Occupancy Date.

 

9. Boat Usage and Safety. The following provision apply to the use of Licensor’s kayaks and canoes (“boats”):

 

(a) The boats may only be used adjacent to or upstream of the Facility. A fee of $100 will be assessed to any Licensee going downriver of the Facility past the concrete pylons visible in the river to the north west of the boat launch.

 

(b) Lifejackets must be worn by ALL individuals while in a boat.

 

(c) Any Licensee using a boat represents to Licensor that they have no medical condition that would impair their safety on the water. Each Licensee using a boat represents to Licensor that they understand that cold water and physical exertion may exacerbate any medical condition they may have.

 

(d) No Licensee may use the boats if they are in the third trimester of pregnancy.

 

(e) The prohibition against use or possession of alcohol and/or drugs extends to while using the boats.

 

(f) No one under age 18 may use the boats unless accompanied by an adult. Said adult is responsible to insure that the minor’s life vest is on and zipped at all times, along with otherwise being responsible for the actions of the minor.

(g) Any Licensee using a boat represents to Licensor that they understand that tide and weather conditions (including wind) change quickly and make it difficult to paddle back.

 

(h) Any Licensee using a boat agrees to yield the right of way to larger watercraft and use caution at all times while using a boat.

 

(i) Licensee agrees to not take specimens or fish out of the river without a valid CA Fish & Wildlife license.

 

(j) Licensee understands that it is illegal to disturb, chase, or touch otters and seals and that they are protected by Federal Law. Licensee shall keep AT LEAST 5 boat / board lengths away and will not get so close as to cause them to wake up or swim away. Licensee understands that they may be fined by CA Fish & Wildlife if reported for violating the provisions of this subparagraph.

 

(k) Any Licensee using the boats assumes all responsibility for the boats and equipment that they use or that are used by a minor they are accompanying. By using a boat, Licensee agrees to all of the provisions in this section and agrees to pay for any damages due to their negligence and that of any minor they are accompanying while using a boat.

 

(l) After use, License shall rinse all boats, paddles, and lifejackets that become wet and return the same to the appropriate rack and hang up the lifejackets. Failure to do so will incur a $25.00 fee for each boat not washed, boat not placed back on the rack or dock, and lifejacket not hung up. If a boat is left out, washes away in the river, and is lost the Licensee will make sure the loss is covered. If boats are lost and found by the Licensor, then the Licensee will be charged $100.00 for each canoe recovered.

 

10. Clean-up. Licensee Parties are responsible for the following clean-up prior to vacating the Facility. Failure to do so will add a cleaning fee of up to $100 per room.

 

(a) The Lab (conference hall) is to be cleaned (the chairs put in the storeroom, swept, dry-mopped, and the lounge chairs lined up in the center of Classroom 1).

 

(b) The Dining Room is to be cleaned (chairs stacked 10 high and wheeled to the back corner of the room, the tables stacked on the cart, floors swept and wet-mopped).

 

(c) If a Licensee Party provides their own food service, then the kitchen must be left clean, all food including leftovers removed, all the dishes washed and put away.

 

(d) The lodging units shall be swept (INCLUDING under the beds); (2) trash shall be discarded in the dumpster outside the dining room; (3) the soiled bathmat placed on the sidewalk immediately outside the room; and (4) surfaces sprayed and wiped down using provided supplies found under bathroom sinks (INCLUDINGcounters, stove, oven, microwave, tables, shower walls and basin, toilet, sinks, and mirrors).

 

11. Quiet-time. It is important that noise be kept to a minimum level between 10:00 p.m. and 8:00 a.m. 

 

12. Removal of Licensee Parties. Licensor reserves the right to expel any Licensee Parties from the Facility who are not conducting themselves appropriately (whether or not there is a specific provision in this Agreement that they are violating) without notice or refund.

 

13. No Assignment.   This Agreement is personal to Licensee and may not be assigned to any third parties.

  

14. Indemnity. Licensee, as a material part of the consideration to be rendered to Licensor under this Agreement, waives all claims against Licensor for damages to personal property of Licensee Parties (and any other individuals at the Facility because of their affiliation with Licensee {"Guests"}) in, on, or about the Facility, or anywhere while using Licensor’s personal property (e.g. boats, paddles, and lifejackets, etc.), and for injuries to Licensee Parties and Guests in or about the Facility, or anywhere while using Licensor’s personal property, from any cause arising at any time in any way related to the Licensee. Further, Licensee agrees to indemnify and hold Licensor harmless from any and all loss, cost, liability and expense (including reasonable attorneys’ fees) for and on account of any damage or injury to any Licensee Party or Guests arising from Licensee Parties’ or Guests' use of the Facility or the use of Licensor’s personal property, or the loss of any personal property of Licensee Parties or Guests (regardless of the cause, including but not limited to theft). 

 

15. Liability Insurance. Licensee represents and warrants to Licensor that Licensee will have in effect during the term of this License the insurance coverage specified in the Schedule. The limits of said coverage shall not limit Licensee’s obligation of indemnity specified in Section 14 above.

 

16. Pets. No pets or other animals are permitted on the premises except for ADA guide/service dogs serving a disabled individual. Licensor may immediately expel any Licensee Party or Guest that violates this rule. Licensee shall be liable for a fine of $250.00 for each pet of a Licensee Party or Guest that is discovered on the premises (or that Licensor becomes aware of after Licensee and its Guests have vacated the Facility), whether or not the pet does damage to the Facility. The fee also applies to any excessive pet hair found on the Facility’s furniture or bedding.  

 

17. Smoke and Drug Free. No part of the Facility (indoors or outside) may be used for smoking, nor may alcohol or illegal drugs be brought on or consumed on the Facility.

 

18. Campfires. Licensee may only light and maintain a campfire in the provided fire pits on the Facility. Campfires must be attended at all times and safely and completely extinguished after use.

 

19. Maximum Speed. The maximum speed traveling through the Village of Albion is 10 miles per hour. The maximum speed on the access road, after passing the private homes, is 15 miles per hour; however, on some corners it is not safe under any condition to go faster than 5 miles per hour. The maximum speed on the Facility is 5 miles per hour.

 

20. Laundry Facilities. There is no public laundry at the Facility. The nearest public laundry facilities are in Fort Bragg.

 

21. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this License Agreement is brought by either party to this License Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party.

 

22. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee relating to the License. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Licensor and Licensee.


Group Leader Responsibility

I agree that as the group leader I am responsible for ensuring that each group member participating has completed, or had completed for them in the case of a minor, individual waivers for the designated dates.

I Agree

I agree that it is part of my responsibility to help the Licensor in ensuring group members are abiding by the above conditions.

I Agree



First Participant's Name

First Name*

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First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

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Middle Name

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Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

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Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

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

First Name*

Middle Name

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Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

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Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

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Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

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Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

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Ninth Participant's Date of Birth*
Tenth Participant's Name

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Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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

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Relationship*

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Parent or Guardian's Date of Birth*
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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