ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNIFICATION and CONSENT AGREEMENT

[This document affects your legal rights, PLEASE READ carefully before signing]

 ASSUMPTION OF RISK: I (or my child) am/is voluntarily using the property located on Assessor Parcel Numbers 105-051-02, 04, 67, 69, 71, 72, 75, 79, 81, 82; 105-031-82, 86, 90; and 105-040-09, 11, 12, 38, 39, 40;  105-020-40, 70; and 105-022-40, including all related and appurtenant roadways, trails, and surrounding natural environments (“Property”), as well as the facilities, equipment, and services related to the Property (“Facilities”).  I (or my child) am/is also voluntarily participating in various indoor/outdoor activities, including, but not limited to, games, crafts, meals, food service, sleeping/bathroom accommodations, hiking, camping, campfires, rock climbing, biking, swimming, team sports, mud run, challenge/low rope courses, playground apparatuses, RV site occupancy, usage of common area Facilities, encounters with farm animals, wildlife and vegetation, and all other indoor/outdoor activities on the Property (“Activities”).  I recognize and appreciate the dangers, hazards, and risks associated with my/my child’s presence on the Property, use of the Property/Facilities, and participation in the Activities, which include dangers inherent to each, such as insects, rodents, snakes, mountain lions, bobcats, coyotes, poison oak, fallen or falling trees/rocks, wildfires, dimly lit Property at night, unimproved/rural terrain and roadways, unmarked trails, falls, fractures, concussions, injuries from lack of fitness, overexertion, overheating, food allergies, use of common areas, and potential exposure to bacteria/viruses/fungus, equipment and utility/water service failures, poor reception, WiFi/internet connection, and communication services, collisions with moving or parked vehicles/equipment, inclement weather conditions, negligence of the Released Parties (defined below), other Participants and/or third-parties using the Property/Facilities/Activities, and the unavailability of immediate, appropriate medical attention in case of injury or emergency.  I understand and acknowledge that the above list is not complete or exhaustive and that the dangers/risks listed above, as well as others, known or unknown, anticipated or unanticipated, may also exist and result in illness, disease, allergic reactions, injury, permanent disability, death, and/or property damage.  I acknowledge that I have fully considered the dangers/risks associated with my/my child’s presence on the Property, use of the Property/Facilities, and participation in the Activities, and I KNOWINGLY AND VOLUNTARILY ASSUME THEM AS WELL AS ALL RESPONSIBILITY FOR ANY AND ALL INJURIES AND LIABILITIES  ARISING FROM THEM.

RELEASE OF LIABILITY:   In consideration for receiving the benefit of using the Property/Facilities and participating in the Activities, I HEREBY WAIVE, RELEASE AND DISCHARGE any and all claims, loss, liability, demands, causes of action, expenses (including attorney's fees), damages or suits of any type against Santiago Retreat Center, Custos Terrae, ACE Silverado LLC, Fidelis Servus LLC, Daniel Dulac and Diane Lopez Dulac, and their respective affiliates, officers, directors, members, agents, employees, volunteers, sponsors, contractors, vendors, successors in interest, assignees, attorneys, or representative of any kind ("Released Parties"), which may arise from or relate to my/my child’s presence on the Property, use of the Property/Facilities, or participation in the Activities, including transportation to and from the Property (“Released Claims”).  The Released Claims include without limitation any physical, emotional, or mental injury, or property damage that I/my child may suffer as a result of my/my child’s presence on the Property, use of the Property/Facilities, or participation in the Activities, even if caused, contributed to, or made more serious by the active or passive negligence of the Released Parties, to the maximum extent permitted by law, except as may arise from the gross negligence and intentional misconduct of the Released Parties. The Released Claims also include losses arising out of any condition of the Property or Facilities, or the conduct of any person in connection with the preparation for, supervision of, or conduct of the Activities, whether planned or unplanned.  I understand and agree that this Assumption of Risk and Release of Liability means that if I/my child suffer an injury, loss, or damage, become ill, permanently disabled, or die, or incur property damage as a result of my/my child’s presence on the Property, use of the Property/Facilities, or participation in the Activities, I, my family, heirs, estate, executors, administrators, assigns, guardians, and any individual on my/my child’s behalf, CANNOT SUE the Released Parties, or any of them, for the Released Claims. 

INDEMNITY AGREEMENT:  In consideration for receiving the benefit of using the Property/Facilities and participating in the Activities, I FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Released Parties from and against any and all liabilities, claims, demands, losses, damages, including court costs and attorney’s fees and expenses (including discovery and investigation costs), or injuries (including death), of any kind or nature whatsoever, whether related to bodily injury, property damage or any other form of injury or loss, which arise from or allegedly arise out of my/my child’s presence on the Property, use of the Property/Facilities, or participation in the Activities, including any and all Released Claims (defined above), injuries, liabilities, claims, demands, losses, and damages arising out of or relating to the Released Parties’ active or passive negligence, to the maximum extent permitted by law, except as may arise from the gross negligence and intentional misconduct of the Released Parties. 

Consent to Treat:  I understand and acknowledge that there are no medical facilities on the Property, and I/my child do not have immediate access to medical providers or treatment.  I understand that the Released Parties assume no responsibility for providing medical care or transportation to medical facilities.  However, in the event of illness, injury, emergency or accident, I give my consent to the Released Parties’ employees, agents, and volunteers to provide me/my child with basic First Aid, CPR and/or standard comfort measures, which include the use of over-the-counter medications.  In the event that I/my child has greater health care needs than first aid can provide, I authorize the Released Parties to arrange for, or provide, any necessary related transportation to the nearest medical facility for emergency medical treatment, and I do assume all responsibility for payment for such treatment and transportation.  Permission is hereby given to the medical provider selected by the Released Parties’ agent/adult in charge to secure and administer all medical treatment deemed necessary for me/my child, including hospitalization, anesthesia, surgery, or injections of medication.    

Release and Indemnity for Medical Expenses and Treatment:  I agree to indemnify, defend, and hold harmless the Released Parties for any costs incurred to treat me/my child, even if a Released Party has signed documentation promising to pay for the treatment due to my inability to sign the documentation.  I further agree to release, waive, discharge, covenant not to sue, and agree to hold harmless for any and all purposes, the Released Parties from any and all liabilities, claims, demands, injuries (including death), or damages, including court costs and attorney’s fees and expenses, that may be sustained by me/my child while receiving medical care or in deciding to seek medical care, including while traveling to and from a medical care facility, or injuries sustained as a result of the active or passive negligence, negligence per se, statutory fault, or strict liability of the Released Parties.  I understand this waiver does not apply to injuries caused by the gross negligence and intentional misconduct of the Released Parties.  

Consent to Photograph:  I hereby grant the Released Parties permission to use, publish, reproduce, distribute, exhibit, sale and/or copyright any photographs, film, videos, electronic representations and/or sound recordings of myself or my child engaged in Activities at the Property.  I hereby release the Released Parties from liability for any violation of any personal or proprietary right I/my child may have in connection with such uses/actions.  I specifically waive any right to compensation I/my child may have for appearing in any of the foregoing, and I/my child waive any right to inspect and/or approve the finished materials where my/my child’s image appears.

Consent to Property Search: I hereby acknowledge that upon arrival at the Property, Santiago may conduct a routine property search of buses, cars, bags, purses, luggage and/or equipment belonging to me/my child for the sole purpose of ensuring the health, safety, and welfare of all Groups/individuals/activities on the Property, and that I/my child is subject to subsequent searches should the need arise for the same purpose; and Santiago may be required to report the possession of prohibited items such as firearms, weapons, drugs, alcohol, and/or mind-altering substances to law enforcement.  I hereby expressly consent and grant permission to Santiago to conduct such searches of my/my child’s property.

Severability:  The invalidity or unenforceability of any part of this Assumption of Risk, Release of Liability, Indemnification Agreement, and Consent (“Agreement”) shall not be deemed to affect the validity or enforceability of any other part.  I agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by me subsequent to the expungement of the provision(s) held to be invalid or unenforceable.

Electronic Signatures: I consent to the use of electronic media and agree that my electronic signature and/or initials on this Agreement is legally binding, and that any electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

Acknowledgment: I have carefully read this Agreement, fully understand its contents, and am voluntarily executing this Agreement of my own free will. I understand that this Agreement will absolve and release the Released Parties from all liability in connection with all injuries/loss/damages suffered as a result of my/my child’s presence at the Property, the condition of the Property/Facilities, and/or my participation in the Activities, and that I am giving up rights to sue the Released Parties for such injuries.  If English is not my native/primary language, I represent and warrant that I have had this Agreement translated and explained to me, and that I fully understand the scope and nature of each and every provision.