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Release & Waiver of Liability Agreement


By registering with the Outdoors Club, I hereby agree to the following terms and conditions:


I understand that: (i) outdoor recreational sports/activities (hereinafter “Activities”) are inherently dangerous, may require skills and expertise, and may bring risks of death, injury, damage or loss to myself and my property, from such events as falls, drowning, disease, heat or cold injuries, bites and stings, Acts of God, and accidents traveling to and from the activity site; (ii) I am solely responsible for assessing whether the members coordinating any Activities have the experience and qualifications to coordinate such Activities and whether my skills, equipment, and level of physical and mental fitness are adequate for participating in such Activities; (iii) the Outdoors Club, LLC does not evaluate or confirm the qualifications of any member to coordinate or participate in any Activities; and (iv) in order to be allowed to participate and/or receive instruction in any Activities, I must waive and relinquish my rights to hold Outdoors Club, LLC, its owners, directors, officers, agents and employees liable for any death, injury, damage or loss which I may suffer during or as a result of my participation and/or receipt of instruction in such Activities.


Knowing this, and in consideration of being permitted to participate and/or receive instruction in any Activities, (i) I hereby agree to assume all risk and responsibility for any death, injury, damage or loss which I may suffer during or as a result of my participation and/or receipt of instruction in such Activities; (ii) I hereby voluntarily and irrevocably waive and relinquish any and all claims and causes of action against Outdoors Club, LLC, its owners, directors, officers, agents and employees, for any death, injury, damage or loss which I may suffer during or as a result of my participation and/or receipt of instruction in such Activities, regardless of the cause of such death, injury, damage or loss; (iii) I hereby voluntarily and irrevocably release Outdoors Club, LLC, its owners, directors, officers, agents and employees from any and all liability for any death, injury, damage or loss which I may suffer during or as a result of my participation and/or receipt of instruction in Activities, regardless of the cause of such death, injury, damage or loss; (iv) I am solely responsible for any personal injury (including death) and/or property damage resulting from my acts or omissions during my participation and/or receipt of instruction in such Activities; and (v) I hereby agree to indemnify, defend and hold harmless Outdoors Club, LLC, its owners, directors, officers, agents and employees from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs and expenses (including attorney’s fees) resulting from my acts or omissions during my participation and/or receipt of instruction in such Activities.


I hereby waive and relinquish all rights and benefits that I have or may have under Section 1542 of the Civil Code of the State of California, as well as under any other statute or common law principles of similar effect, to the fullest extent that I may lawfully waive such rights and benefits pertaining to my participation and/or receipt of instruction in any Activities. I acknowledge that I have been informed by my own counsel as to the meaning and effect of, and that I fully understand and comprehend the effect of waiving, Section 1542 of the Civil Code of the State of California, which provides in pertinent part as follows:


“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”


I understand and agree that this Release/Waiver will be binding on me, my spouse, my heirs, my personal representative, my assignees, my children and any guardian ad litem for said children.
I understand and agree that this Release/Waiver applies to all Activities whether they have occurred in the past, present, or future.


I accept all legal responsibility resulting from my personal actions, omissions, or neglect while participating in Activities. I understand that I remain personally liable under local statute for any violation or penalty, civil or criminal, that results from my own action, omission, or neglect while participating in an Activity. Furthermore I agree to be financially responsible for all legal fees, penalties, and judgments resulting from legal action initiated by a third party against Outdoors Club, LLC or any of its owners, directors, officers, agents, or employees, in which my action, omission, or neglect has a material impact on the proceedings.


This Release/Waiver is intended to be as broad as is permissible under the law of the State of California and this Agreement shall be interpreted under the laws of the State of California. If any portion of this Release/Waiver is invalid and/or is declared to be invalid by a Court of Law, the balance of the Agreement shall continue in full force and effect.


The completion of this Register process and/or participating in any activity signifies that I have read this Release & Waiver of Liability Agreement and voluntarily agree to the and further agrees that no oral representations, statements, or inducements apart from the foregoing written Agreement have been made. I acknowledge that I have read the foregoing paragraphs and am completely aware of the potential dangers incident to engaging in the Activities, and fully aware of the legal consequences of agreeing to the within instrument.


I acknowledge that I am at least 18 years of age. I have read this Release/Waiver Agreement and I understand the words and the language in it. I fully understand the potential dangers incidental to participation and/or receiving instruction in Activities.