• RELEASE OF LIABILITY - READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

  • In exchange for the participation in the optional activities while visiting LOVE Temple and the Tree House Sanctuary, located at 30 Rock Ridge Road, Fairfax CA 94930 including many stairs, hot tubbing, outdoor bathtub, Temple loft access and use, balcony access and use or stepping off the developed areas of property onto rugged steep undeveloped land of owner/organizer MaryBeth Giefer,
  • agree for myself and (if applicable) for the members of my family or guest, to the following:
  • 1) AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and follow any instruction or directions given by MaryBeth Giefer, or the representatives or agents of MaryBeth Giefer.
  • 2) ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activities and I assume full responsibility for personal injury to myself and (if applicable) my family members or guests and further release and discharge MaryBeth Giefer for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of MaryBeth Giefer, whether caused by the fault of myself, my family, MaryBeth Giefer or other third parties.
  • 3) INDEMNIFICATION. I agree to indemnify and defend MaryBeth Giefer against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of MaryBeth Giefer.
  • 4) FEES. I agree to pay for all damages to the facilities of MaryBeth Giefer caused by any negligent, reckless, or willful actions by me or my family or guests.
  • 5) APPLICABLE LAW. Any legal or equitable claim that my arise from participation in the above shall be resolved under California law.
  • 6) NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that MaryBeth Giefer has offered to refund any fees I have paid to use the facilities if I choose not to sign this agreement.
  • 7) ARMS'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of specific term, language, or provision giving rise to su ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code 1654 to this Agreement, as well as any other statute or common law principles of similar effect.
  • 8).ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of the Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of the Agreement.
  • 9).DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relation to this Agreement through friendly negotiation amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
  • Any controversies or disputes arising out of or relation to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration association. The arbitrator's award will be final, and any judgment may be entered upon it by any court having proper jurisdiction.
  • Format: (000) 000-0000.
  • I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
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