By signing this document, you will waive legal rights including the right to sue Nature Connection Santa Barbara for negligence.
By signing the below, I acknowledge that entry into this agreement (“Agreement”) is in consideration of my participation in outdoor guided walk activities (“Activities”) facilitated by Nature Connection Santa Barbara, and confirm my understanding and agreement to the following:
Agreement to follow directions. I agree to comply with Nature Connection Santa Barbara’s policies, safety rules, conduct expectations, and other directions given to me by the leader of the Activities. I understand that my noncompliance may result in termination of my participant status.
Activities and associated risks. I acknowledge that there are risks inherent in outdoor activities which are varied and unpredictable. The inherent risks include, but are not limited to, some of the following (depending on the nature and location of the Activities): falls, falling rocks and objects, fractures, concussions, dangerous or unanticipated weather, overexertion, overheating, injuries from my lack of fitness or conditioning, unpredictable ocean and river currents, hypothermia, hostile or aggressive wildlife, venomous or disease-carrying animals or insects, communicable diseases, exposure to allergens which could cause life-threatening reactions, equipment failures, traffic hazards, drowning, death, and negligence of others.
I understand that these risks and other risks associated with the Activities that may not be listed here may result in physical injury, fatigue, illness, death, and/or property damage or loss. I further understand that these risks may arise from my own actions or from the actions of others while participating in the Activities.
Assumption of the risks. I hereby freely assume the inherent risks as well as any other risks not listed that are part of these Activities, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in the Activities or during any transportation to or from the Activities – including any injury, illness, or loss caused by the negligence of Nature Connection Santa Barbara, its employees, agents and officers, and other Activity participants. I also understand that any equipment that I provide or may borrow from Nature Connection Santa Barbara or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
Release of liability. I hereby release Nature Connection Santa Barbara, its employees, agents, officers, and contractors (“the Released Parties”), from all liabilities, causes of action, claims and demands that arise in any way from any injury, illness, death, loss or harm that occur to me or to any other person or to any property during the Activities or in any way related to the Activities, including during transportation to or from the Activities. This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims that California law does not permit to be released by Agreement. I also agree not to sue or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activities or are related in any way to the Activities. I understand that this Release shall be binding upon my estate, my heirs, next of kin, executors, administrators, representatives, successors and assigns.
Indemnification hold harmless and defense. I promise to indemnify, hold harmless and defend the Released Parties against any and all loss, claim, cause of action, lawsuit, damage, liability, cost or expense whatsoever which any of them may incur arising out of or in connection with my participation in the Activities. This obligation to indemnify and defend the Released Parties as set forth in this paragraph shall survive the termination or completion of my participation in the Activity for the full period of time allowed by California law. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
Disclosure of medical conditions. I understand that I am solely responsible for knowing my own physical condition and making my own decision about participating in the Activities. The Activities I participate in may involve physical and mental exertion, and I agree that I have the mental and physical strength to participate in the activities without accommodation. I will disclose any and all medications and medical conditions relevant to my participation to Nature Connection Santa Barbara, its employees, or agents, including but not limited to food allergies, dietary restrictions, and chronic conditions such as asthma, allergies, seizures, diabetes, or other circumstances that may prevent me from participating in the Activities. I understand that Nature Connection Santa Barbara needs such information because some medication side effects or medical conditions could affect my safety or that of other participants or employees of Nature Connection Santa Barbara. I consent to Nature Connection Santa Barbara sharing this information with health professionals or first responders should I become ill or injured during the Activities.
Medical care consent and waiver. I understand that hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited, or unavailable during portions of the Activities. I authorize Nature Connection Santa Barbara to provide me with first aid and to arrange medical assistance, transportation, and emergency medical services for me if I get hurt while participating in the Activities. I understand that Nature Connection Santa Barbara assumes no responsibility for providing medical care during the Activities and is not obligated to provide this care. I further understand that the employees, agents, officers, and contractors of Nature Connection Santa Barbara are not qualified medical professionals, nor are they licensed to provide psychotherapy or psychological counseling. I acknowledge and agree that I am solely responsible for any costs related to my medical treatment and transport, and that Nature Connection Santa Barbara does not provide health, medical, disability, or other insurance coverage for me.
Photo and video release. I understand that during the Activities I may be photographed or videotaped by Nature Connection Santa Barbara. I hereby grant Nature Connection Santa Barbara permission to use my likeness in a photograph, video, or other digital media in all its publications, including web-based publications, without obtaining my approval or paying me for such use. I hereby irrevocably authorize Nature Connection Santa Barbara to edit, alter, copy, exhibit, publish, or distribute these materials for any lawful purpose.
Severability. I agree that the purpose of this Agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by California law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Agreement.
Governing law and venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and any action arising out of this Agreement shall be under the jurisdiction and venue of Santa Barbara, California or in the event of Federal Action, in the closest available court thereto.
I have fully informed myself of the contents of this agreement by reading it before signing it. No oral representations, statements, or other inducements to sign this release have been made apart from what is contained in this document. I understand this is a contract that affects my legal rights and I sign it of my own free will.