In relation to attending or participating in the activities hosted by and/or at Beach Camp,
Event “PARTICIPANT” and "PARENT" (Referred to herein as "PARTICIPANT/PARENT") agree to the following waiver, release and indemnification provisions:
1. ASSUMPTION OF RISK: PARTICIPANT/PARENT acknowledge that they have reviewed the Beach Camp website (www.sunsetbaywharf.com) and other available materials, and acknowledge that inherent risks, dangers and hazards exist with respect to the location, facilities and activities provided. Participating in the activities hosted by and/or at Beach Camp may result in injury, illness, death or damage to personal property. These risks and dangers may be caused by RELEASEES, other guests, by accidents, acts of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes associated with the location, facilities and activities including but not limited to, falls, slipping & tripping hazards, rough natural or paved parking or access areas, railroad crossings, steep or uneven ramps or walkways, oversized steps, lack of grap bars or handrails, beach rocks, logs, seaweed, barnicles, debris or wrecks, challage courses, boats & watercraft, inflatables, swimming, snorkeling, diving, floating docks, overwater swings, ziplines & cliff jumps, skateboards & scooters, skate ramps, automobile and utility vehicles, trains, battery & human powered bikes, onewheels, unicycles, & recreational vehicles, etc.
2. RELEASE OF LIABILITY: PARTICIPANT/PARENT fully assume all risks associated with attendendence or participation in events or activities hosted by or at Beach Camp, and hereby release Beach Camp LLC, Save Our Shorelines, SSB Properties, Inc., the Marine Mammal Academy, and their members, officers, agents, employees, volunteers, and board members (Referred to herein as "RELEASEES") from any claim or suit whatsoever arising out of any damage, loss or injury to PARTICIPANT/PARENT or to their property arising out of the event, activities, or hazards contemplated by this agreement, including but not limited to those set forth in paragraph 1, and including arriving or departing the event across roadways, parking areas, rail crossings, ramps, fields, or beaches, and whether such loss, damage, or injury results from the negligence of the RELEASEES or from some other cause.
3. COVENANT NOT TO SUE: PARTICIPANT/PARENT agree never to institute any suit or action at law or otherwise against RELEASEES, nor to initiate or in any way assist in the assertion or prosecution of any claim for injury or damage referenced in paragraph 1 and 2 above.
4. INDEMNIFICATION: PARTICIPANT/PARENT hereby agree to indemnify, defend and hold harmless RELEASEES from and against any and all claims, actions, or proceedings of any kind or character which may be presented, asserted or initiated by any PARTICIPANT/PARENT or their estate,family members, or any other persons or entities, which arise directly or indirectly from any claim for injury or damage referenced in paragraph 1 and 2 above.
5. PHOTO RELEASE: During the normal course of attending activities hosted by and/or at Beach Camp PARTICIPANT/PARENT may be photographed, recorded by video equipment, surveillance equipment and audio equipment by members, staff, and/or guests. By signing this form, you grant RELEASEES and their agents or assigns permission to use your image in any and all publications, including websites, without payment or compensation. RELEASEES may also edit, alter, copy, exhibit, publish or distribute such media for purposes of publicizing RELEASEE's programs, or for any other lawful purpose. Unless otherwise stated, you will not receive exclusive rights to your images or other recorded medium. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photograph or media.