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PARTICIPANT RELEASE AND LIABILITY AGREEMENT

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

PHYSICAL ACTIVITIES

I, on behalf of myself, and/or my personal representatives, heirs, next-of-kin, spouses and/or assigns, desire to participate in physical activity program(s) which may include, but are not limited to, using the Fitness Center & Spa, hiking, rope courses, boating, ATVs, fishing, archery, use of air rifle, bicycle, games, sports, horseback riding, and other physical activities (collectively, the "Activities") provided or offered by Alisal Guest Ranch & Resort, located at 1054 Alisal Rd, Solvang, CA 93463 ("Alisal"). In consideration of being permitted by Alisal to participate in the Activities and in recognition of Alisal's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").

I am aware and understand that the activities are or can be potentially dangerous activities and involves the risk of serious injury, disability, death, and/or property damage that I could incur by participating in the Activities, including, without limitation: falls; collision with other participants, horses or objects; being kicked, bucked, or thrown off by horses; hit by mallets, racquets or balls; slipping, falling, drowning; contracting an illness or disease, including but not limited to coronavirus; being injured by other participants, onlookers or horses, or by defects or failures in equipment, grounds or facilities; falls, fractures, concussions; dangerous or unanticipated weather; overexertion, overheating, or injuries from my lack of fitness or conditioning; hypothermia; hostile or aggressive wildlife; venomous or disease-carrying animals or insects; communicable diseases; exposure to allergens which could cause life-threatening reactions; losing control of or crashing a bike; traffic collisions; collisions with moving or parked vehicles or other obstacles; road and/or mountain bike trail hazards (e.g., sewer gratings, gravel, logs and debris); failure to wear a helmet and/or other protective equipment; and negligence of others, whether the hazards are inherent in the activity, or caused by the active or passive negligence of Alisal or its employees, members, contractors, managers, staff, or others, including negligent emergency response or rescue operations of Alisal. I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated, may also result in injury to myself, my property, or others. I also understand that some Activities are physically strenuous and that I may be exerting myself and could be injured or die as a result of activities resulting from a known or unknown medical condition. Further, I acknowledge that Alisal is providing recreational services.

GENERAL

NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY VISITING THE ALISAL AND/OR PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY VISIT TO THE ALISAL AND/OR PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF ALISAL OR OTHERWISE.

In consideration of being allowed to visit the Alisal and/or participate in the Activities, I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against Alisal, and its officers, directors, managers, employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my visit to the Alisal and/or my participation the Activities, whether arising out of the ordinary negligence of Alisal or any Releasees or otherwise. I covenant not to make or bring any such claim against Alisal or any other Releasee, and forever release and discharge Alisal and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.

 

 

 

 

I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to the Activities, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH 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.

I shall defend, indemnify, and hold harmless Alisal and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by Alisal or any other Releasees, arising out of or resulting from any claim of a third party related to my visit to the Alisal and/or participation in the Activities, including any claims arising out of my own negligence or the ordinary negligence of Alisal.

I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.

I also agree that if any legal dispute arises that related to the released activities, then the prevailing party is entitled to reasonable legal costs, including attorney's fees, incurred by any dispute.

This Release constitutes the sole and entire agreement of Alisal and me 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 Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Alisal and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release 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 (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Santa Barbara County, California and I hereby consent to the exclusive jurisdiction of such courts.


First Guest's Name

First Name*

Last Name*
First Guest's Age Acknowledgment*
First Guest's Date of Birth*
I certify that I am 18 years of age or older
First Guest's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
First Guest's Signature*
Second Guest's Name

First Name*

Last Name*
Second Guest's Date of Birth*
Second Guest's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
Third Guest's Name

First Name*

Last Name*
Third Guest's Date of Birth*
Third Guest's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
Fourth Guest's Name

First Name*

Last Name*
Fourth Guest's Date of Birth*
Fourth Guest's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
Fifth Guest's Name

First Name*

Last Name*
Fifth Guest's Date of Birth*
Fifth Guest's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
Sixth Guest's Name

First Name*

Last Name*
Sixth Guest's Date of Birth*
Sixth Guest's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
Seventh Guest's Name

First Name*

Last Name*
Seventh Guest's Date of Birth*
Seventh Guest's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
Eighth Guest's Name

First Name*

Last Name*
Eighth Guest's Date of Birth*
Eighth Guest's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
Ninth Guest's Name

First Name*

Last Name*
Ninth Guest's Date of Birth*
Ninth Guest's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
Tenth Guest's Name

First Name*

Last Name*
Tenth Guest's Date of Birth*
Tenth Guest's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
Parent or Guardian's Email Address

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.

MINOR UNDER THE AGE OF 18

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

PHYSICAL ACTIVITIES

I grant the child(ren) listed below permission to use Alisal Guest Ranch & Resort (“Alisal”) facilities and participate in physical activity program(s) which may include, but are not limited to, the Fitness Center & Spa, hiking, rope courses, boating, ATVs, fishing, archery, use of air rifle, bicycle, games, sports, horseback riding, and other physical activities (collectively, the “Activities”) provided or offered by Alisal Guest Ranch & Resort, located at 1054 Alisal Rd, Solvang, CA 93463 ("Alisal"). In and for consideration of my child(ren)'s participation in the Activities and in recognition of Alisal’s reliance hereon, I, as a parent/guardian of the below named child(ren), on behalf of my child(ren), hereby agree to the following:

Acknowledgment

I agree to accept and assume all risks of any and all injuries sustained by my child(ren) resulting from the inherent risks arising out of my child(ren)’s participation in the Activities. Inherent risks are those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner, including, but not limited to the failure by the activity provider to warn the natural guardian or minor child of an inherent risk; and the risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. I understand that participation in the Activities can be hazardous and exposes my child(ren) to risks, including, but not limited to exposure to COVID-19, adverse reactions to heat and sun, and risks of bodily injury including, without limitation, falls; collision with other participants, horses or objects; being kicked, bucked, or thrown off horses; hit by mallets, racquets or balls; slipping, falling, drowning; contracting an illness or disease, including but not limited to coronavirus; being injured by other participants, onlookers or horses, or by defects or failures in equipment, grounds or facilities; falls, fractures, concussions; hostile or aggressive wildlife; venomous or disease-carrying animals or insects; communicable diseases; exposure to allergens which could cause life-threatening reactions; losing control of or crashing a bike; traffic collisions; collisions with moving or parked vehicles or other obstacles; road and/or mountain bike trail hazards (e.g., sewer gratings, gravel, logs and debris); and failure to wear a helmet and/or other protective equipment associated with the Activities.

Release


I agree to waive, discharge, release, and covenant not to sue Alisal, and its respective owners, parents, subsidiaries, and other affiliated or related companies, trustees, officers, directors, partners, employees, managers, shareholders, franchisees, members, agents, contractors, subcontractors, representatives, successors, assigns, insurers, sureties, and volunteers (collectively, the “Released Parties”) from and against any and all costs, claims, demands, losses, expenses, damages, or causes of action (including, but not limited to attorney’s fees), that my child(ren) have now or may have in the future (or that my or my child(ren)'s executors, administrators, heirs, next of kin, successors or assigns may have now or may have in the future) for any illness including COVID-19, personal injury, bodily injury, negligence, property damage, loss, or other liability (including, but not limited to liability for medical malpractice arising out of or relating to any treatment or care from employees, nurses, doctors, hospitals or other medical units, for any injuries sustained by my child(ren)), which would accrue to the minor child(ren) arising out of or resulting in any manner from my child(ren)'s participation in the Activities. I understand that this waiver and release includes any claims arising from my child(ren)’s participation in the Activities, whether caused by the ordinary negligence of Alisal or otherwise. This waiver and release do not extend to claims for gross negligence, intentional or reckless misconduct or any other liabilities that California law does not permit to be released by agreement.

 

WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH 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.

Indemnification

I agree to indemnify, defend, and hold harmless, the Released Parties from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including, but not limited to, any and all claims made or incurred by anyone, including claims based on the active or passive negligence of Released Parties, whether caused by the ordinary negligence of Alisal and/or Released Parties or otherwise.

general

I hereby consent for my child(ren) to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if my child(ren) is injured or requires medical attention during participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.

I further understand that photographs may occasionally be taken by Alisal or its guests and hereby agree to a blanket release of all rights related to photographic images that may arise out of my child(ren)’s participation in the Activities releasing Alisal from any liability resulting from the publication of such photographs, name or likeness, known or unknown, without any reimbursement of any kind due or the need to pay me any fee whatsoever.

I also agree that if any legal dispute arises that related to the released activities, then the prevailing party is entitled to reasonable legal costs, including attorney's fees, incurred by any dispute.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “RELEASED PARTIES,” AS DEFINED ABOVE, USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “RELEASED PARTIES,” AS DEFINED ABOVE, IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “RELEASED PARTIES,” AS DEFINED ABOVE, HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.



Informed Consent

I acknowledge that I have read this Agreement carefully and fully understand its meaning, and I am voluntarily executing same as the parent/guardian for each minor. I fully understand, acknowledge, and agree that the Released Parties are relying upon my signature and this document, which is intended to induce the Released Parties to allow my child(ren) to participate in the Activities. I further acknowledge that the Released Parties have accepted this document as partial consideration for my child(ren)'s participation in the Activities

Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Activity Information
BICYCLE ACTIVITIES: Will you need the Alisal to provide a bicycle helmet?*
No
Yes
HORSEBACK RIDING LEVEL: If you are NOT riding, please select not riding. IF YOU ARE RIDING, please select your skill level below.*
If riding an Alisal horse, will you need the Alisal to provide a horse-riding helmet?*
No
Yes

What is your arrival Date? *
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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