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Fork In the Path Program Participation Waiver

Electronic Signature and Acknowledgement
Enter the date and your full name to acknowledge your electronic signature of this document.
Fork In the Path Release of Liability

Fork in the Path is excited to take you on an adventure. We are making our best faith effort to keep you informed of what you need to know to have a safe, healthy, and legal experience.   We have never had an incident and hope to keep it that way! 

In exchange for participation in an activity organized by Fork In The Path, I agree for myself and (if applicable) for any minors in my care, to the following: 

1. Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Fork In The Path staff and/or park staff.

2. Agreement To Follow Site Rules. Any class that includes foraging requires you to follow the regular lawful rules of that site such as farms, beaches, parks or forests unless otherwise specified. 

Some examples:

Salt Point (mushroom classes) has a 2 lb picking limit. 

Our seaweed class has a 10lb harvest limit and no other life forms may be harvested per state regulations. 

Mussel and urchin classes require a CDFW day or annual fishing license. No tools are allowed for mussels.  Maximum of 10lbs harvested for mussels, or 35 individuals for urchin. 

No harvesting is allowed on our East Bay plant walks per park regulations.

I agree that I have been informed of the regulations and if I do not follow them, it is at my own risk. If a ranger were to ticket me for breaking site rules, I am responsible for paying for the ticket. 

3. Assumption of the Risks of Hiking Off-Trail and Release. I recognize that there are certain inherent risks associated with hiking off-trail in the forest or by the ocean, and I assume full responsibility for personal injury to myself and (if applicable) my family members, any minors in my care, and further release and discharge Fork In The Path for injury, loss, damage or death arising out of my or my family's participation in a program, whether caused by the fault of myself, my family, Fork In The Path staff, or other third parties.

4. Assumption of Risks Consuming Wild Foraged Foods. I understand there are inherent risks with consuming wild foraged foods such as mushrooms, plants, acorns, seaweeds, mussels, and berries. I understand eating new foods, especially wild foods may cause allergic responses, and gastrointestinal distress which can include gas, stomach cramps, vomiting, hives, or diarrhea, and in very rare cases can cause hospitalization or death. I also understand I am assuming liability for anyone else that I feed wild food to found during this program, whether or not they attended the program themselves.

5. Assumption of Risks of Cooking In some of our classes, I may be invited to participate in cooking activities. I understand that there are certain inherent safety risks associated with participating in cooking activities such as burns or cuts from knives. I understand I am responsible for my own safety when cooking.

6.  Indemnification. I agree to indemnify and defend Fork In The Path against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's participation in this program.

 

7. Damages. I agree to pay for all damages caused by any negligent, reckless, or willful actions by me or my family.

8. Trespassing. I understand that I will be informed where foraging is permitted and where it is not. If I choose to forage outside of permitted areas during the program, I do so at my own risk. 

9. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

 

10. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire.

 

 

11. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this agreement, as well as any other statute or common law principles of similar effect.

 

12. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

 

 

13. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:

 

Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

 

14. Media Release I understand photographs or videos taken during the program may be used for marketing purposes for future events.

15. Severe Weather

We make every effort to run your program unless if it is deemed not safe for reasons such as fire or smoke, high winds, severe storms, etc. I understand that in the event of weather so severe, Fork In the Path may postpone or cancel my program.  If this happens, my options will be to transfer my registration to another Fork in the Path program that isn't full, get a credit for a future program, donate my ticket to Fork in the Path's scholarship fund, or get a refund.  Fork In the Path does not assume responsibility for any expenses you may accrue as a result, such as lodging that is not refundable, or a non-transferable fishing license. 

16. No guarantee of finding edibles 

I understand that every effort will be made to help me find wild edible food, but there is no guarantee that I will find or take home edible wild food as part of this learning experience.  

 

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. With my electronic signature, I apply this release of liability not only to me but to anyone who may have the right to make a claim on my behalf.

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