of Risk, Release of
Liability and Indemnification
This Document affects your legal
rights. Read it carefully
before agreeing through the purchase of your ticket.
1) Activity and Associated Risks: I
have chosen to
participate in an outdoor art hike (hereinafter referred to as
“Activity”) led by
Art Hikes in Auburn (hereinafter referred to as “AHA”). I understand
as an art hike service, makes NO WARRANTIES, PROMISES, or GUARANTEES
Activity is safe for me. It is solely my responsibility to determine
think the Activity exposes me to an unreasonable risk of harm or loss.
2) ASSUMPTION OF RISK: I voluntarily,
expressly assume the risks for any harm, injury or loss that may occur
to me or
my property as a result of my participation in the Activity – including
injury or loss caused by the negligence of AHA, its employees, agents
officers, its contractors, and other Activity participants. I also
that any equipment I provide or may borrow or rent from AHA is at my
and that any such equipment is provided without any warranty about its
condition or suitability.
3) RELEASE OF LIABILITY: I hereby
release AHA, its owners or
members, heirs, agents, attorneys, employees, assigns, other
sponsors, advertisers, contractors, equipment providers, landowners,
or governmental providers of use permits, and their respective
officers, and directors (hereinafter referred to as “Released Parties”)
ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any
from any injury, death, loss or harm that occur to me or to any other
to any property during the Activity or in any way related to the
including during transportation to or from the Activity. This RELEASE
extend to claims excluded from being waived by law. I also agree NOT TO
make a claim against the Released Parties for death, injury, loss,
harm, or property
damage or destruction which occur during the Activity or are related in
to the Activity.
4) INDEMNIFICATION HOLD HARMLESS AND
DEFEND: I promise to
INDEMNIFY, HOLD HARMLES AND DEFEND the Released Parties (defined in
against any and all claims to which Section 3 of this agreement
including claims for their own negligence.
5) INSURANCE: I do not expect AHA to
provide insurance or
pay for any costs associated with harm to myself, including being
killed. I understand that I have the option to purchase or provide my
6) MEDIATION AND ARBITRATION
AGREEMENT: This agreement is
governed by and shall be construed in accordance with the laws of the
California, without any reference to its choice of law rules. Any
or claim arising out of this agreement or in any way associated with
Activity shall be settled by arbitration in accordance with the rules
American Arbitration Association (“AAA”).
I HAVE FULLY INFORMED MYSELF OF THE
CONTENTS OF THIS
AGREEMENT BY READING IT BEFORE CONSENTING TO IT BY ATTENDING AN ART
HIKES IN AUBURN EVENT.