RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK.
PLEASE READ THIS DOCUMENT CAREFULLY
TO: The Winchester Mystery House, LLC, a California limited liability company (“WMH”), for themselves, their present and future parent, subsidiaries, affiliates and related companies and each of their respective present and future directors, officers, shareholders, employees, volunteers, servants, agents, administrators, trustees, successors and assigns and any party or parties who claim a right or interest through them (hereinafter, the “Releasees”);
RE: Axe-Throwing (the “Activity”)
I desire to participate in the Activity on the date as set out below, which has been organized by the Releasees. In consideration for being allowed to participate in the Activity on the date as set out below, which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, heirs, agents, administrators, trustees, executors, assigns, successors and on behalf of any party or parties who claim a right or interest through me (hereinafter, the “Releasor”), I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION the Releasees from any and all claims I may now and/or in the future may have against the Releasees, and from any and all liability, for any personal injury, death and/or property damage, expense, and/or loss sustained by me as a result of my participation in the Activity due to any cause whatsoever, including but not limited to and without limitation, negligence, gross negligence, willful misconduct, including the failure to take reasonable steps to safeguard or protect me from the risk, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty.
THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, and there is the possibility of personal injury, death, property damage and/or loss resulting therefrom to myself and others.
THE RELEASOR AGREES AND UNDERSTANDS that in order to participate in the Activity on the date set out below, he/she must agree to be bound by the terms of this Release of Liability, Waiver and Assumption of Risk.
THE RELEASOR AGREES that he/she will be fully responsible for all costs, expenses or damages that may be caused by Releasor to himself/herself or others in connection with the Activity, and all costs and expenses incurred in providing any special services to him/her, outside of regular services agreed to or provided by the Releasees in connection with the Activity, and without limiting the generality of the foregoing, agrees to be responsible for, and to pay for any and all costs relating to special travel, medical attention, or other special outlay for him/her personally, and to reimburse the Releasees for all costs of these services as may be incurred by them for his/her benefit or at his/her request.
THE RELEASOR HEREBY confirms that by executing this agreement, (i) that Releasor is representing that he/she is eighteen (18) years or older or in the event a parent/guardian executes this agreement that Releasor is sixteen (16) years or older, (ii) that Releasor has read, and understands, this agreement, (iii) Releasor is familiar with the risk of serious injury and death which any participant in the Activity must assume, (iv) Releasor is physically, emotionally and mentally able to participate in the Activity, (v) that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with Releasor, and (vi) Releasor will immediately remove himself/herself from participation, and notify the nearest official, if at any time Releasor senses or observes any unusual hazardous or unsafe condition or if Releasor feels that he/she has experienced any deterioration in his/her physical, emotional or mental fitness for continued participation in the Activity. The Releasor acknowledges that he/she is not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, or conditions, including, without limitation, sleep deprivation, which may affect or impair Releasor’s motor skills, judgment, or general ability to think clearly.
IT IS AGREED AND UNDERSTOOD that the Releasor will not make any claim or take any proceedings against any other person or entity that might claim, in any manner or forum, contribution or indemnity in common law or in equity.
IT IS AGREED AND UNDERSTOOD that if the Releasor commences such an action, or takes such proceedings, and the Releasees are added to such proceeding in any manner whatsoever, whether justified in law or not, the Releasor will immediately discontinue the proceedings and/or claims, and the Releasor will be jointly and severally liable to the Releasees for the legal costs incurred in any such proceeding, on a substantial indemnity basis. This Release of Liability, Waiver, and Assumption of Risk shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future by the Releasor with respect to the matters covered by this Release of Liability, Waiver, and Assumption of Risk. This Release of Liability, Waiver, and Assumption of Risk may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defense and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by the Releasor in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.
THE RELEASOR ACKNOWLEDGES that this Release of Liability, Waiver, and Assumption of Risk contains the entire agreement between the parties hereto, that the terms of this Release of Liability, Waiver, and Assumption of Risk are contractual, are not a mere recital, and any breach of these terms may be enforced against the Releasor, and may give rise to a damage claim against the Releasor enforceable by a further legal proceeding. The Releasor further acknowledges that the Releasees have not made any oral, written or visual representations or statements that are not otherwise reflected in this agreement.
THE RELEASOR HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk will be governed by the Laws of the State of California and that any dispute arising from this Release of Liability, Waiver, and Assumption of Risk will be adjudicated by the court of jurisdiction in Santa Clara County, California, and the Releasor hereby agrees to the exclusive jurisdiction of this Court for this purpose. Releasor agrees that any provision in this Agreement which is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
PHOTOGRAPHS, VIDEOS AND RECORDINGS I hereby grant to the WMH, its managers, employees, owners and designees (collectively) a non-revocable permission to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively “images”). I acknowledge that the WMH will own such images and further grant the WMH perpetual, worldwide permission to copyright, display, publish, distribute, use, modify, print and reprint such images and create derivative works from such images in any manner whatsoever related to WMH’s business in any media, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image prior to its use, or to receive any additional consideration for or notice of use of the image.