In consideration of the acceptance of my application for entry/participation in the above event/activity (the “Club Activity”) sponsored by Santa Lucia Flyfishing Club, Inc. (“SLFF” or the “Club”) and participation in the Club Activity, I agree that I am assuming the risks of participation in the Club Activity and am releasing the Club and others from any liabilities as set forth below in this Release Agreement. ASSUMPTION OF RISK. The Club’s activities often involve or occur in and around water, such as but not limited to wading and boating. There is, of course, danger of drowning, hypothermia, slipping and falling. I assume the responsibility of my own mental and physical fitness to participate in the Club Activity. I also assume the responsibility for any damage to my personal property and equipment during the Club Activity. I ACKNOWLEDGE THAT PARTICIPATION IN THE CLUB ACTIVITY INVOLVES RISK, BOTH KNOWN AND UNKNOWN, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY (EVEN DEATH), EMOTIONAL INJURY, DAMAGE TO PERSONAL PROPERTY AND EQUIPMENT, AND OTHER DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY ENGAGING IN THE CLUB ACTIVITY WITH KNOWLEDGE OF THE RISKS OF INJURY (EVEN DEATH), DAMAGE TO PROPERTY AND EQUIPMENT, AND OTHER DAMAGE, AND I ASSUME ANY AND ALL RISK OF INJURY (EVEN DEATH), DAMAGE TO PERSONAL PROPERTY AND EQUIPMENT, AND OTHER DAMAGE THAT MAY RESULT FROM PARTICIPATION IN THE CLUB ACTIVITY. INSURANCE. I understand that the Club is under no obligation to provide, carry, or maintain health, medical, travel, disability, or other insurance coverage for me and that I am expected and encouraged to obtain my own health, medical, disability, or other insurance coverage. RELEASE OF LIABILITY. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE CLUB, ITS OFFICERS, DIRECTORS, TRUSTEES, COMMITTEE MEMBERS, EMPLOYEES, MEMBERS, VOLUNTEERS, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PERSONS”) FROM ALL LIABILITY TO ME AND MY PERSONAL REPRESENTATIVES, HEIRS, NEXT OF KIN, SUCCESSORS AND ASSIGNS FOR ANY AND ALL PRESENT OR FUTURE LOSSES, CLAIMS, DEMANDS, DAMAGES OR LIABILITES OF ANY NATURE ARISING FROM OR RELATING TO PARTICIPATION IN THE CLUB ACTIVITY BY ME, REGARDLESS OF WHETHER CAUSED BY THE CARELESSNESS, NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL ACTS OF RELEASED PERSONS. I further understAND and agree that this RELEASE AGREEMENT is binding on my heirs and assigns. INDEMNIFICATION. I agree to indemnify, defend, and hold harmless the Released Persons from any and all losses, liabilities, damages, expenses (including without limitation attorney’s fees and costs), claims, actions, or proceedings of any kind arising from or relating to my participation in the Club Activity, regardless of whether caused by the carelessness, negligence, gross negligence, or willful act of Released Persons. APPLICABLE LAW. I understand that this document is intended to be as broad and inclusive as permitted by the laws of the State of California and agree that if any portion of this Release Agreement is invalid, the remainder will continue in full legal force and effect. I also agree that the venue for any dispute arising from the Club Activity will be in the San Luis Obispo County Superior Court in the County of San Luis Obispo, California. By signing below, I am agreeing to all of the terms as stated above. RELEASE OF LIABILITY FOR GUESTS UNDER AGE 18. If I am under the age of 18 years, then I (sometimes called “Participant”) and my parent/guardian MUST complete and approve this Release Agreement before the first Club Activity. The undersigned parent/ guardian of Participant hereby certifies that I, as parent/guardian with legal responsibility for the Participant, do consent and agree to his/her waiver and release of the Released Persons as provided above, and, for myself and my personal representatives, heirs, next of kin, successors and assigns, hereby release and agree to indemnify and hold harmless the Released Persons from any and all present or future losses, claims, demands, damages or liabilities of any nature arising from or relating to my minor child's/ward’s involvement or participation in any Club Activity as provided above, even if arising from the carelessness, negligence, gross negligence or willful acts of the Released Persons, to the fullest extent permitted by law. SUPERVISION OF GUESTS UNDER AGE 18. The undersigned parent/guardian of Participant under age 18, hereby agrees to supervise and be responsible for the Participant at all Club Activities, and make all decisions concerning Participant at Club Activities, including emergency medical care. If I will not accompany Participant to all Club Activities, I hereby consent to (“Responsible Adult”) supervising and being responsible for Participant at any Club Activity where I am not present. Responsible Adult, by his or her signature below agrees to supervise and be responsible for Participant at all Club Activities where parent/ guardian is not present, and make all decisions concerning Participant at Club Activities, including emergency medical care. I HAVE READ THIS RELEASE AGREEMENT BEFORE I SIGNED IT. I REALIZE THAT BY SIGNING THIS DOCUMENT I AM GIVING UP LEGAL RIGHTS TO WHICH I MAY BE ENTITLED AND AM ELIMINATING THE LIABILITY OF ANY AND ALL RELEASED PERSONS. Today's date December 26, 2024 |