Santa Margarita Water District Hold Harmless Agreement
I, ____________________________________, participant, on my own behalf, hereby enter this RELEASE OF LIABILITY, VOLUNTARY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (the “Release”) with Santa Margarita Water District (“SMWD”), its officers, directors, employees and agents, (collectively, the “Released Parties”), in connection with my tour/participation to be held on March 7, 2025 at the Trampas Canyon Reservoir and surrounding area (the “Event”).
I recognize that my attendance involves known and unknown risks of serious personal injury, including death, and damage to or loss of property. I am voluntarily participating in the Event.
I hereby indemnify, defend, and hold the Released Parties completely harmless and not liable and release them from all liability whatsoever and AGREE NOT TO SUE them on account of or in connection with any claims, injuries, losses, damages, costs or expenses related to the Event, including without limitation, those based on death, bodily injury, property damage, including any and all consequential damages.
I understand that the Release is a general release barring me and my executors, heirs, next of kin, successors, beneficiaries and assigns from bringing any claim against the Released Parties for personal injury, including death, and/or damage to or loss of real or personal property, including any and all consequential damages, if such a claim in any way relates to my participation in the Event. I hereby waive any and all rights under California Civil Code Section 1542 and I understand that Section 1542 provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
I acknowledge that I may sustain damages, losses, costs or expenses which are presently unknown and unsuspected, and such damages, losses, costs or expenses which may be sustained may also give rise to additional damages, losses, costs or expenses in the future. Nevertheless, I hereby acknowledge that this Release has been agreed upon in light of that situation and hereby expressly waive any and all rights which I may have under California Civil Code section 1542, or under any statute or common law or equitable principal of similar effect.
This Release is intended to be broad and inclusive as permitted by law, and that if any term or provision of this Release shall to any extent be held invalid or unenforceable, the remaining terms of the Release shall not be affected thereby, but shall be valid and enforceable to the fullest extent permitted by law. The invalid provision shall automatically be replaced by a substitute provision which is valid and as nearly as possible maintains the same economic purposes and intention of the valid provision.
In the event of illness or injury, I do hereby consent to whatever x-ray, examination, anesthetic, medical, surgical or dental diagnosis and/or treatment and hospital care that are considered necessary in the best judgment of the attending physician, surgeon, and/or dentist and performed by or under the supervision of a member of the medical staff of the hospital or facility furnishing medical or dental services. I understand that the resulting expenses, if any, will be the responsibility of the participant.
I hereby give the Released Parties permission to use my photo and to publish the same without incurring any debts or liabilities to the Released Parties of any kind.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE FOREGOING RELEASE. I UNDERSTAND THAT I AM WAIVING SUBSTANTIAL RIGHTS BY VOLUNTARILY SIGNING THIS DOCUMENT.