Rochelle Mason, Painter
R. Mason Fine Arts


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TERMS for participating in Art Hikes in Auburn

Hike. Connect with Nature. Create.


 

Assumption of Risk, Release of Liability and Indemnification Agreement

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 that AHA, as an art hike service, makes NO WARRANTIES, PROMISES, or GUARANTEES that the Activity is safe for me. It is solely my responsibility to determine whether I think the Activity exposes me to an unreasonable risk of harm or loss.

2) ASSUMPTION OF RISK: I voluntarily, knowingly, and 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 any injury or loss caused by the negligence of AHA, its employees, agents and officers, its contractors, and other Activity participants. I also understand that any equipment I provide or may borrow or rent from AHA is at my own risk 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 participants, sponsors, advertisers, contractors, equipment providers, landowners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (hereinafter referred to as “Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE does not extend to claims excluded from being waived by law. I also agree NOT TO SUE or 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 any way to the Activity.

4) INDEMNIFICATION HOLD HARMLESS AND DEFEND: I promise to INDEMNIFY, HOLD HARMLES AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, 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 injured or killed. I understand that I have the option to purchase or provide my own insurance.

6) MEDIATION AND ARBITRATION AGREEMENT: This agreement is governed by and shall be construed in accordance with the laws of the state of California, without any reference to its choice of law rules. Any controversy or claim arising out of this agreement or in any way associated with the Activity shall be settled by arbitration in accordance with the rules of the 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.



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