California Hands & Voices

Whispering Winds Catholic Conference Center, Inc. (“WW”) is a non-profit corporation that owns and operates the Whispering Winds Camp, 17606 Harrison Park Road, Julian, California 92036. We ask all adult visitors, guests, volunteers and users of the camp to sign this Waiver & General Release (“Agreement”). By signing this Agreement, you are waiving and generally releasing all present and future claims against WW, except for claims arising out of the gross negligence or intentional misconduct of WW.

 

1.         Definitions:

a. “Associated Persons” means present and former officers, directors, shareholders, partners, members, employees, agents,

volunteers, accountants, attorneys, insurance carriers, trustees, beneficiaries, executors, administrators, heirs, predecessors-in- interest, and successors-in-interest. “Associated Entities” means affiliated entities, contractors, subcontractors, material suppliers, and professionals (collectively “AP&AE”).

b. “Claims” shall include all claims, rights, demands, damages, liabilities, and causes of action (whether asserted, unasserted,

known, unknown, contingent, accrued, or otherwise).

c. “Costs” shall include all costs, losses, expenses, attorneys’ fees, expert witness fees and other fees, interest, and all other

obligations.

 

2.         Waiver and General Release:

On behalf of myself and my AP&AE, (i) I waive all present and future Claims and Costs against WW and its AP&AE, and (ii) I generally release WW and its AP&AE from all present and future Claims and Costs, arising out of or related in any way to my presence on or use of the WW camp, or participation in programs, excepting only such Claims and Costs arising solely and exclusively from WW’s gross negligence, or knowing and intentional unlawful conduct.

 

3.         Waiver of Civil Code Section 1542:

I acknowledge that the above Waiver and General Release includes Claims and Costs which I do not know or suspect to exist, and   I   waive   all   rights   which   may   exist   under   California   Civil   Code   Section   1542   which   provides   as   follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

 

4.      Photo Release:

I grant WW permission to use my name, likeness, photograph, and voice for all purposes, and without compensation to me.

5.     RISK ACKNOWLEDGEMENT

 

a.   I acknowledge that within the environs of Whispering Winds there are known and unanticipated risks which could result in physical or emotional injury to me, including but not limited to use of vehicles or recreation equipment, uneven or wet surfaces, wildlife or vegetation, dehydration, medical conditions resulting from physical activity, and damage to clothing or other property.

b.   I recognize that participation in any recreational activities at Whispering Winds are not required of me, that I am voluntarily participating in such activity for my own recreational purposes and that I am assuming all the risks of doing so.

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