CATALINA FALCONRY EXPERIENCE
PARTICIPANT/OBSERVER LIABILITY WAIVER AGREEMENT
USER TERMS AND CONDITIONS
- Catalina Falconry, LLC ("Operator") reserves the right in its sole discretion to refuse entry, or to remove the participant or observer named above, including his/her Guest (hereinafter used interchangeably as "Guest" or "Participant") from Operator property (the "Facility") or from participation in any activity organized by Operator outside the Facility, including but not limited to guided instruction in the outdoors (hereinafter "Outside Activities") for any reason whatsoever. Any such refusal of entry or removal by Operator shall be in its sole discretion.
- Operator shall not be responsible for the safekeeping, loss, theft, or damage of any Participant's property or the property of any Guest of Participant that is brought into the Facility or brought on any Outside Activity.
- Participant shall comply with and observe all rules and regulations of Operator and the terms and conditions of this Agreement at all times and shall assure that his/her Guest(s) complies with and observes the same.
- Should Participant or his/her Guests damage or break any of Operator's equipment or property, Participant shall be liable for the reasonable cost of necessary repairs or replacements to such equipment or property.
- Operator is authorized by the Participant to use, store, or transfer, as Operator may consider necessary, the Participant's personal information, for any and all purposes in connection with the Facility and services provided by Operator and/or for the purpose of promoting, improving, and furthering the interest of Operator. Participant acknowledges this may include posting their photos and/or names online, and/or in publications, and/or marketing materials.
- Any delay or failure by Operator to exercise its rights and/or remedies under this Agreement does not constitute a waiver of any or such right or remedy.
- The terms and conditions herein (as amended from time to time) constitute the entire agreement between Participant and Operator regarding the Participant's use of the Facility and supersedes all previous agreements, understandings and arrangements, written or oral, between the Participant and Operator in relation to such matters.
- In the event of an emergency, Operator is authorized to notify the person(s) listed under Participant's emergency contact information.
OPERATOR LIABILITY WAIVER
I (Participant) understand that working with raptors and other activities now available or that may become available at the Facility in their various forms, as well as preparation and participation in falconry, hawking, and all other aspects involved with these activities (collectively referred to hereinafter as "Activities") are inherently dangerous activities involving many RISKS, DANGERS, AND HAZARDS. These risks, dangers, and hazards include, but are not limited to being punctured, bitten, or scratched by the raptors, illness, falling, collisions with birds, objects, people or structures, being struck by other participants or objects, other equipment failure, the actions of other participants including negligence or inexperience of the Participant,.the aggravation of preexisting conditions, or other foreseeable or unforeseeable events or circumstances. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE of the Activities. I know that the risk of SEVERE INJURY or even DEATH exists in participation of the Activities. I also understand that maintenance of the Facility and equipment, training, instruction, supervision, enforcement or lack therefor of any rules or regulations, equipment settings, or any added safety measures (hereinafter "Associated Activities") by Operator, event organizers and sponsors, ad equipment providers do not and cannot guarantee my safety.
I (Participant) hereby represent that I am fit and suffer from no adverse health condition or effect that would limit my ability to participate in any Activities offered by Operator.
I (Participant) hereby represent that any of my own equipment that I use at the Facility is safe and in no way shall Operator be liable for any damages caused to myself or a third party for any failure of any such equipment.
I (Participant) herby represent that I have conducted a thorough visual inspection of the Facility and equipment I will be using and I am aware of any potential hazards associated with the Facility and/or such equipment.
With full knowledge and understanding of th RISK OF SEVERE INJURY AND DEATH involved in the Activities and the Associated Activities, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT, OR EVEN FATAL INJURIES, even if I follow the instructions or advice of Operator.
In consideration of Operator acceptance of my membership application or day use of the Facility, and in spite of the risk of severe or permanent injury or even death, the undersigned agrees as follows:
- I (Participant) hereby unconditionally WAIVE AND RELEASE ANY AND ALL CLAIMS AND CAUSES OF ANY KIND OR NATURE AGAINST OPERATOR, ADAM’S FALCONRY SERVICE, LLC, SANTA CATALINA ISLAND COMPANY AND CATALINA ISLAND COMPANY, THE OWNER AND LESSEE OF THE REAL ESTATE ON WHICH THE ACTIVITIES TAKE PLACE, ALL OF THE ABOVE-NAMED ENTITIES SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS AND ANY MANUFACTURERS OR DISTRIBUTORS OF EQUIPMENT USED BY OPERATOR (all collectively called “Releasees”), RELATED IN ANY WAY TO THE ACTIVITIES OR THE ASSOCIATED ACTIVITIES. THIS WAIVER AND RELEASE INCLUDES BUT IS NOT LIMITED TO ANY SUCH CLAIMS OR CAUSES OR ACTION, present or future, related to injury or damage to Participant, his/her property, or to any other person or property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with Participant engaging in any Activities and from Associated Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE (but excluding GROSS NEGLIGENCE or WILLFUL MISCONDUCT) and/or breach of express or implied warranty.
- Participant agrees to hold harmless, defend and indemnify Releasees from any claim or action, present or future, related to injury or damage to Participant, his/her property, or to any other person or property, for any loss, damage, expenses or injury (including DEATH) suffered by any person from or in connection with Participants participation in any Activities or Associated Activities, due to any cause whatsoever including negligence, but excluding gross neglligence or willful misconduct, and/or breach of express or implied warranty.
- Participant hereby RELIEVES OPERATOR OF ANY DUTY TO PROTECT PARTICIPANT FROM HARM in connect with any Activities, Outside Activities, or Associated Activities in which Operator is involved in any way.
- In the event Participant does suffer any type of damages or injury, Participant shall notify Operator immediately of any such occurrence or cause.
- Participant authorizes Operator to stabilize, obtain medical care for, or transport him/her to a medical facility or for himself/herself. Participant agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS OPERATOR of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Participant also authorizes disclosure of any protected medical information in the possession of Operator that is necessary to provide, coordinate or manage members healthcare consistent with the dictates of HIPPA and to the extent that such use or disclosure is required by law.
- This Liability Waiver shall continue in effect in perpetuity so that each time Participant or Member uses the Facility or participates in any Outdoor Activities from the date this waiver is signed forward he/she shall be bound by the terms and conditions herein.
- If any provision of this Agreement or the application of any such provision to any person or circumstances is held invalid, the remainder of this Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby.
- This Participant and Liability Waiver Agreement shall be governed by California law, without regard to conflicts of laws principles. In addition, Participant or Member agrees that the jurisdiction and venue for any action or claims arising out of or relating to this Agreement shall be in the United States District Court for the Southern District of California, located In San Diego, California.
- Participant or parent/guardian consents to the use by Operator, without compensation, of voice, video, photographs and other images of Participant or minot for marketing, promotional, or educational purposes.
HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, PARTICIPANT SIGNIFIES HIS ASSENT TO THE ABOVE TERMS BY SIGNING
CATALINA ZIP LINE ECO-TOUR & AERIAL ADVENTURE WAIVER AND RELEASE OF LIABILITY
AND ASSUMPTION OF RISK (“RELEASE”)
NOTICE: THIS RELEASE AFFECTS YOUR LEGAL RIGHTS.
PLEASE READ IT VERY CAREFULLY AND UNDERSTAND IT BEFORE YOU SIGN.
I, the undersigned, hereby understand and unconditionally agree, on behalf of myself or, if I am signing this document on behalf of a person who is under the age of eighteen (“Minor”), on their behalf as his/her “Guardian”, (hereinafter the “Participant(s)”), and my heirs, assigns, personal representatives and estate (or those of the Minor if I am his/her Guardian), to all of the terms set forth in this Release. This Release is for the benefit of Catalina Island Company and its parent company, Santa Catalina Island Company, and their respective directors, officers, employees and agents (together called “Company” in this Release).
DESCRIPTION OF THE ACTIVITY. Zip lines are high cable traverses using safety harnesses and associated hardware, solely for the purpose of recreation. Participants will receive orientation and instructions and access the activity by motor vehicle. Participants will zip over the Company’s property, which is hilly, rocky, and vegetated terrain. The Aerial Adventure is a series of elevated platforms, bridges, obstacles, repels, and small zip lines using safety harnesses and associated hardware, solely for the purpose of recreation. Participants will receive orientation and instructions and access the activity on foot. Participants will climb in a wooded area on the Company’s property, which is hilly, rocky, and vegetated terrain.
ACKNOWLEDGEMENT OF RISKS. The Catalina Zip Line Eco-Tour and Aerial Adventure (each herein called an ‘Activity’) are created for the purpose of recreation. I acknowledge that there are known and unknown risks inherent in and/or related to the Activity and that no amount of care, caution, instruction or expertise can eliminate said risks; and I accept and elect to participate in the Activity in spite of said risks, including, but without limitation: (a) risk of accidents, property damage, injury, serious injury of any kind and/or death; and of subsequent injuries or accidents which may be compounded by negligent rescue operations or procedures of the Company or others; (b) risk of fatigue, dehydration, overheating, chill and/or dizziness, physical and mental exertion during the Activity which may diminish my reaction time and that of others and may therefore increase the risk of accident and/or injury; (c) environmental hazards, including, but not limited to, terrain, changing weather, fog, rain, wind and/or other conditions, falling rocks, and erosive cliff edges through or near which I will be walking and/or traveling; as well as other hazards, including, but not limited to, uneven and/or slippery trails and/or roads, encounters with plants, insects, or animals (including bites/stings), broken tree limbs, falling, slipping, jolting, or jarring, impacting objects or persons, my own inability to properly participate in the Activity or to follow rules and directions concerning the Activity and unforeseeable events, which may all contribute to the chances of accident and/or injury; (d) emotional risks, which may range from unwelcome or inadvertent touching, simple hurt feelings to panic and psychological trauma; (e) risks from errors in judgment, or other negligence, by either the Participant, other Participants, the Company or others; (f) misinformation and instructions or the lack thereof; (g) risk of equipment malfunction or equipment misuses; and (h) risk of contracting an infectious disease such as COVID-19. In all cases, known or unknown inherent risks, and other known or unknown risks which may not be inherent, whether or not described above, must be accepted by those who choose to participate in the Activity. I have voluntarily applied and decided to participate in the Activity and no one is forcing me to participate.
PARTICIPANT QUALIFICATIONS. I hereby confirm that: (a) I am at least eighteen (18) years of age or if I am a Minor, my Guardian must represent me and agree to all the terms in this Release by signing below; (b) that I am physically, mentally, psychologically, physiologically and emotionally capable of participating in the Activity; (c) that I am able to comprehend and will comply with all of the instructions and safety requirements for participating in the Activity; (d) that I weigh at least eighty (80) lbs., but not more than two-hundred forty (240) lbs. for the Zip Line Eco Tour and no more than two hundred seventy (265) lbs. for the Aerial Adventure; (e) that I am physically able to: fit within the safety harness, grasp and pull ropes, climb, balance, and properly use the equipment provided to me by the Company; to demonstrate all proper riding positions; (f) that I am participating in the Activity voluntarily and of my own free will; and (g) that I have no symptoms of, or other reason to believe that I may have contracted, COVID-19 or other infectious disease. Participants may not participate in the Activity if they are under the influence of alcohol or any substance that might impair judgment, physical capability or which may cause danger to others.
MEDICAL CONCERNS. I hereby acknowledge that the Activity is designed for use by Participants of at least average mobility and strength who are in reasonably good health. Individuals with any medical problems or concerns, including but not limited to: neck, back or shoulder problems, injuries, pain or instability, cardiac conditions or diseases, obesity, high blood pressure, pulmonary problems, arthritis, tendonitis, other joint and muscular-skeletal problems, seizure disorders, problems with balance, pregnant women, medical, physical, physiological, psychological and psychiatric problems, may increase any known or unknown inherent risks of the Activity and cause the Participant to be a danger to themselves or others on the Premises. Individuals with any of these conditions and any and all other underlying medical problems or concerns that put them at greater risk of injury or illness during the Activity must carefully consider those risks before choosing to participate, and they must fully inform the staff, in writing, in the space provided below, prior to the beginning of the Activity.
SAFETY PROCEDURES. I acknowledge and agree to listen to and follow the rules, guidelines and safety procedures for participating in the Activity, including, but not limited to the following:
· I will obey all safety instructions provided to me by the Company, and the Company’s designated guides and staff.
· I must wear all the equipment required for my safety, otherwise, I may not participate in the Activity.
· I will not make any adjustments to my equipment, and I agree that all adjustments will be made only by or with the assistance of the Company’s designated guide or staff.
· I will not intentionally flip myself over or invert myself while on the zip line or aerial adventure course.
· I will hold on with at least one hand at all times while zipping.
· No loose jewelry or personal items are permitted (i.e. including, but not limited to, cell phones, purses); hair must be secured so it cannot come in contact with any equipment or impair vision; appropriate footwear is required – Participants must wear flat shoes that are, closed toed and secure (will stay on feet during the Activity), provide stability and be suitable for climbing ladders, stairs and ropes.
COMPANY RIGHT TO REFUSE PARTICIPANT. I understand and agree that the Company reserves the right, in its sole discretion, to refuse to permit me to participate in the Activity, and that the Company may terminate my participation in the Activity, if it believes me to be incapable of following the instructions, meeting the safety requirements or the rigors of participating in the Activity, including, but not limited to, any medical or safety reasons. I specifically agree to release the Company from any liability if I am prevented from participating in the Activity for any reason whatsoever.
RELEASE, WAIVER OF LIABILITY. I hereby waive and release and hold the Company (and Canopy Tours, Inc., TMAA, LLC, and Adventure Park Gear, Inc., its employees and agents, who consulted/worked on the zip line and aerial park) harmless from and against, and agree not to sue them for, any and all claims, causes of actions and liabilities of any kind, known and unknown, any that may arise out of or relate in any way to my participation (and/or anyone else’s participation over whom I am Guardian) in the Activity, including, but not limited to claims, causes of actions and liabilities for wrongful death, personal injury or damage to or loss of property.
I am aware of and specifically waive the provision of the California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This Release is intended to release the Company from its own negligence to the fullest extent permitted by law. Any legal action relating to the Activity or this Release can be brought only in the Los Angeles County Superior Court.
USE OF IMAGE. The Company reserves the right to use voice, video or other photographic images of the Participant for future marketing and educational purposes and Participant (and Guardian, as it may be the case) hereby consent to such use, without compensation.
I have carefully read, fully understand and hereby freely and voluntarily agree to the terms and conditions stated in this Release, and promise to assume all unknown or known risks involved and associated with the Activity. I acknowledge that this Release shall be effective and binding upon myself, my heirs, assigns, persons representatives and estates. I hereby confirm that I am at least 18 years of age. If I am a Minor, my Guardian has signed below, agreeing, in full, to all of the contents of this Release. I understand that as an alternative to signing this document, I may decline to participate in the Activity.
CATALINA ZIP LINE ECO-TOUR GOPRO RENTAL CONTRACT
Catalina Island Company (“Company”) is furnishing to the Renter identified below a GoPro camera and mounting equipment for use in connection with Renter’s or Renter’s minor child’s participation in the Catalina Zip Line Eco-Tour. Renter agrees to the following terms:
- Renter has examined the camera and mounting equipment and acknowledges that they are in good and operable condition.
- Renter will return the camera and mounting equipment to the Company in original condition.
- If the equipment is damaged while in Renter’s or the minor child’s possession, Renter will pay the Company the cost of repair, up to the replacement cost of the equipment. If the equipment is damaged beyond repair or is lost or stolen, Renter will pay the Company its replacement cost.
- The Company will not issue exchanges or refunds due to misuse, lost photo or video content, or unintended photo or video content.