Whispertree - Liability Waiver

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In consideration for being permitted to visit and use the property located at 12378 Boonville Road, Boonville, California 95415 (the "Property"), the participant named below does hereby acknowledge and agree, for himself or herself, and his or her assignees, executors, heirs, next of kin, legal representatives and all others claiming by or through the participant named below, as follows:

I understand that the nature of visiting and using the Property and participating in activities while at the Property (e.g., hiking, driving vehicles, swimming or being by the pond and being exposed to wildlife, trees and plants, machinery and equipment) has inherent hazards and risks and that these hazards and risks cannot be eliminated, altered, or controlled regardless of the care used, the skill or experience possessed, or the precautions take (in each case, if any) by me or anyone else, including the Releasees (defined above). I am aware and fully informed of the hazards and risks involved with my visiting and use of the Property and I understand that these hazards and risks can cause serious bodily injury, disability and/or death to me and/or others and/or damage to my or others’ belongings. I have read and understand the Emergency Evacuation Plan*

I accept and expressly agree to assume any and all risks, damages and hazards which arise, directly or indirectly, in the course of visiting or using the Property or participating in activities while at the Property, whether such risks are foreseen or unforeseen, known or unknown, including the possibility of physical or psychological injury, illness, communicable diseases of any kind, disability, death, property damage or other physical or financial loss arising therefrom of any nature whatsoever, whether caused by the action, inaction, or active or passive negligence of me, any of the Releasees, or any other third party.*

I hereby release, forever discharge, and will hold harmless and indemnify the owners and lessees of the Property, their respective members, managers, agents, employees, contractors, other visitors to the Property, and other participants in activities at the Property (collectively, “Releasees”) from, and agree not to sue any of the Releasees for, any and all liabilities, claims, demands, losses or damages, costs and expenses, including reasonable attorneys’ fees, costs, and expenses, injuries or death (including, but not limited to, those arising in whole or in part from negligent rescue operations or other active or passive negligence of me, any of the Releasees, or any third party) that I may sustain during or that may arise as a result of my visit to, use of, or participation in activities at, the Property (collectively, “Released Claims”).*

I hereby acknowledge and agree that if, despite this Release and Waiver, I, or anyone on my behalf or their own behalf, makes a claim against any of the Releasees with respect to any of the Released Claims, I will indemnify, defend and hold harmless such Releasees from any damages, losses, costs and expenses such Releasees may suffer or incur as a result of such claim, including, but not limited to, any reasonable attorneys’ fees, costs, and expenses *

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