The undersigned hereby acknowledges that there are multiple risks inherent in participating in the "recreational activities" included in the Capture California Game, including but not limited to: swimming, hiking, riding a bike, fishing, boating, camping, kayaking and riding a Segway. The undersigned acknowledges that engaging in the above described activities and/or using/operating the described equipment (a bicycle, boat, kayak or Segway) includes inherent risks of injury, property damage and wrongful death from occurrences including, but not limited to: falling on uneven terrain, drowning, dangers associated with fire, and loss of control and/or collisions while operating a bicycle, boat, kayak or Segway. Falls can occur during any of the described recreational activities. The undersigned acknowledges that some of the recreational activities require the use of safety gear. The undersigned understands that the bicycles and Segways are designed to be used by only one rider at a time and that a helmet should be worn at all times and is required by law for all riders under 18 years of age. The undersigned understands that a life jacket should be worn at all time while engaging in water related activities.
The undersigned agrees and acknowledges that you should not engage in these recreational activities if you have a medical condition(s) which would make it unsafe. If you are unsure whether you should engage in such activities, you should consult with your physician. The undersigned agrees that if he or she has any such medical condition(s) that he or she assumes all risk of personal injury, property damage or wrongful death as a result, even if occasioned by the negligence of Urban Park Concessionaires, Inc. or California Guest Services, Inc. or any of their agents or employees.
The undersigned acknowledges that his/her participation in these recreational activities is voluntary and based on his or her own independent assessment of the risks, without reliance on any representations or advice by or from any employees or representatives of Urban Park Concessionaires, Inc. or California Guest Services, Inc. or any other person.
The undersigned hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury, property damage, wrongful death occurring to him/herself arising out of or as a result of engaging in the recreational activities, or receiving instructions in the use and handling and operation of any equipment associated with the recreational activities, and all activities incidental thereto wherever or however the same may occur and for whatever period said activities or instructions may continue, including personal injury, property damage or wrongful death occasioned by the negligence of representatives of Urban Park Concessionaires, Inc., California Guest Services, Inc. or any other person.
The undersigned does for him/herself, his/her heirs executors, administrators and assigns hereby release, waive, discharge and relinquish any action or causes of action, which may hereafter arise for him/herself and for his/her estate, and agrees that under no circumstances will he/she or his/her heirs executors, administrators and assigns prosecute or present any claim for personal injury, property damage or wrongful death against Urban Park Concessionaires, Inc. and California Guest Services, Inc. including all of their agents, employees, officers, directors and shareholders.
IT IS THE INTENTION OF THE UNDERSIGNED BY AND THROUGH THIS INSTRUMENT TO EXEMPT AND RELIEVE URBAN PARK CONCESSIONAIRES AND CALIFORNIA GUEST SERVICES, INCLUDING ALL OF THEIR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (HEREIN AFTER "RELEASED PARTIES") FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
IT IS FURTHER THE INTENTION OF THE UNDERSIGNED BY AND THROUGH THIS INSTRUMENT TO RELIEVE THE RELEASED PARTIES AND THEIR EMPLOYEES OR AGENTS, FOR THEIR NEGLIGENCE IN PROVIDING ANY EQUIPMENT WITH ANY HIDDEN, LATENT OR OBVIOUS DEFECTS TO THE UNDERSIGNED.
The undersigned further releases and absolves the released parties from the consequences of their negligence in rendering aid to the undersigned or otherwise providing rescue efforts to the undersigned.
THE UNDERSIGNED AGREES THAT HE OR SHE WILL PROTECT, HOLD HARMLESS AND DEFEND AND INDEMNIFY THE RELEASED PARTIES FROM AND AGAINST ANY LEGAL ACTIONS OR OTHER CLAIMS FOR DAMAGES ARISING FROM THE UNDERSIGNED’S ACTIONS WHILE PARTICIPATING IN THE CAPTURE CALIFORNIA GAME OR ANY RECREATIONAL ACTIVITIES ASSOCIATED THEREWITH, INCLUDING ALL ACTIVITIES INCIDENTAL THERETO.
The undersigned acknowledges that certain minimum skills, capabilities, agility, physical and mental health and fitness are required in order to participate in dangerous activities such as swimming, camping, hiking, fishing or operating a bicycle, Segway, boat, or kayak. The undersigned represents and warrants that he/she possesses these qualities and understands and agrees that should an emergency rescue evacuation become necessary, that the expenses are the undersigned’s sole responsibility and not those of the released parties or any other public or private entity.
The undersigned warrants that he/she is executing this agreement voluntarily and that the released parties have not made any representations to induce or coerce him/her to sign this document. The undersigned further agrees and acknowledges that the terms of this document are binding not only upon the undersigned, but also upon his/her heirs, assigns, executors and administrators.
I acknowledge by signing that I am the parent or legal guardian of the above-identified minor
participant and that I agree to all of the terms of this release on behalf of the above-named minor.
