THIS FORM IS MANDATORY FOR TRAIL RIDING ON PREMISES
RELEASE OF LIABILITY, HOLD HARMLESS, AGREEMENT NOT TO SUE AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
In consideration of Fox Sparrow RV Resort and Campground, its Management, employees, officers, owners, directors, affiliates, and related corporations (hereinafter "Campground"), allowing the bellow Organization and/or responsible party to engage in activities at the campground Campground's, it is agreed on behalf of Responsible Party & Participants and/or his/her heirs, assigns and representatives (hereinafter collectively "Responsible Party") that:
ASSUMPTION OF RISK
Participant assumes all risks which may be associated with and/or result from involvement in the Activity and hereby agrees to hold harmless, release, defend, and indemnify Campground of and from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including DEATH, that may be sustained by Participant while engaged in the Activity, including, but not limited to, those injuries and damages caused by the negligence and/or breach of warranty, express or implied on the part of Campground.
2. RELEASE FROM LIABILITY AND COVENANT NOT TO SUE
In consideration for being permitted to engage in the Activity at the Campground, the Participant agrees to forever discharge and release from any legal liability and to not sue the Campground for any injuries or property damage caused by or resulting from the Activity.
3. INDEMNIFICATION
By execution of this Release, the Campground shall be indemnified for any injury to the Participant or to other persons caused by the Participant as a result of engaging in the activities at the Campground.
4. FORM SELECTION
Participants contractually agree that any and all disputes between participants and the Campground arising from engagement in the activities at the campground, including any claims for personal injury or death, will be governed by the laws of the State of California and exclusive jurisdiction thereof will be in the State Court residing in the county where the alleged tort occurred, or the Federal Courts of the State of California.
5. SEVERABILITY AND ENFORCEABILITY
In the event any section of this Release is found to be unenforceable, the terms shall be fully enforceable, and this Release shall be binding to the fullest extent permitted by law.
THE RESPONSIBLE PARTY HAS CAREFULLY READ THE FOREGOING RELEASE OF LIABILITY, HOLD HARMLESS, AGREEMENT, NOT TO SUE AND INDEMNIFICATION AGREEMENT UNDERSTANDS ITS CONTENTS, AND SIGNS IT WITH FULL FULL KNOWLEDGE OF ITS SIGNIFICANCE.