PLEASE READ CAREFULLY BEFORE SIGNING. THIS AGREEMENT IS A RELEASE OF LIABILITY AND A WAIVER OF YOUR LEGAL RIGHTS.
- The person who is participating in water and lake activities at Vista Del Lago Estate located at 15329 South H Street, Bakersfield, CA 93313 (“Property”) shall be referred to as “Guest.” Guest agrees and understands that water and lake activities such as swimming, wading, boating, kayaking, canoeing, hydro-biking, water skiing, or stand-up paddle boarding (collectively, “Activity”) can be hazardous and can involve the risk of physical injury and/or death.
- Vacanza Stays, a California Corporation located at 47120 Dune Palms Road, #105, La Quinta, CA 92253, represents this property. It represents the property owner (collectively known as “Agency”).
- Guest agrees and understands that those risks include, but are not limited to, the following: weather, hypothermia, overheating, hidden underwater obstacles, trees or other above-water obstacles, slippery terrain, changing and unpredictable currents, drowning, swimming, overturning, improper use of equipment, entrapment of feet or other body parts under rocks or other objects, other vessels utilizing the same water space, equipment failure, dehydration, sunburn, changing weather conditions, changing water conditions, and mental distress related to any one of the above.
- Guest further acknowledges and understands that the risks identified above are not comprehensive and that participating in the Activity, whether or not described, may be dangerous and may also include risks that are inherent and/or which cannot be reasonably avoided. By signing this document, the Guest recognizes that personal injury, serious injury, death, and property loss are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE GUEST UNDERSTANDS THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSES TO PARTICIPATE IN AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
- In further consideration for allowing Guest to participate in the Activity, GUEST HEREBY AGREES NOT TO SUE THE AGENCY or any of its respective agents, employees, representatives, assignees, officers, owners, successors, affiliated organizations, represented owners or insurance carriers (each a “Released Party””) for any personal injury, property damage (including but not limited to equipment damage), or other loss to Guest, including death, arising in whole or in part out of the Activity or Guest’s participation in the Activity. GUEST HEREBY RELEASES ANY RIGHT TO ASSERT A CLAIM OR FILE A LAWSUIT AGAINST A RELEASED PARTY. FURTHER, GUEST SHALL HOLD HARMLESS AND RELEASE EACH AND EVERY RELEASED PARTY FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the Activity, including, but not limited to, those claims based on any Released Party’s alleged or actual NEGLIGENCE or BREACH of any CONTRACT and/or express or implied WARRANTY, if any.
- GUEST FURTHER AGREES TO DEFEND AND INDEMNIFY/REIMBURSE each Released Party from any and all claims of Guest and/or a third party arising in whole or in part from the Activity.
- This release and hold harmless agreement shall be GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH CALIFORNIA LAW without regard to choice of law principles. The exclusive venue and jurisdiction of any claim related to this Agreement or the Activity shall be the State District Courts situated in La Quinta, Riverside County, California.
- In the case of a minor (anyone under the age of 18), the undersigned Guest acknowledges that they are not only signing this agreement on their behalf but that they are also signing on behalf of the minor and that all the terms of this agreement shall bind the minor. Additionally, by signing this agreement as the responsible party of a(the) minor(s), the Guest understands that they will waive certain rights on behalf of the minor that the minor otherwise may have. The undersigned Guest agrees that but for the preceding, the minor would not be permitted to participate in the Activity.
- This agreement shall be binding on Guest and Agency and their respective heirs, executors, legal representatives, successors and assigns to the fullest extent permitted by law if any part of this agreement is deemed to be unenforceable. In that case, the remaining terms shall be an enforceable contract between the parties. All representations, understandings and agreements between the Guest and Agency relating to the Activity have been incorporated into this agreement.
I HAVE CAREFULLY READ THE PRECEDING ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.