BACKPACKING, CAMPING AND HIKING
PIRU HOLDING LLC dba CALIFORNIA TACTICAL ACADEMY
ACKNOWLEDGEMENT OF DANGERS & RISKS RELATING TO
All persons engaged in any camping/day hiking/ backpacking trip must please:
Applicant Information (Please Print)
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BY SIGNING BELOW, I, THE UNDERSIGNED PARTICIPANT, CERTIFY THAT: (a) I carefully read and understand this Acknowledgement and Exhibits “A” and “B” which are incorporated herein by this reference; and (b) I agree to absolutely and unequivocally release from any liability and hold harmless the Piru Holding LLC, dba California Tactical Academy, referred to as “CTA” and Even Management Corporation and any and all of their employees, instructors, agents, representatives, officers, managers, members, directors and shareholders with respect to my use of the facilities of the Piru Holding LLC.
On any camping/day hiking/ backpacking trip, some of the dangers and risks you may encounter include, but are not limited, to the following:
1. Accidents can occur while hiking: trails are often steep, rocky, and/or slippery; some hikes involve crossing streams, where footing can be awkward; participants can slip or fall during a hike, resulting in serious injury or death. Travel by foot is over rugged unpredictable trail and off-trail terrain, including boulder fields, downed timber, river crossings, high mountain passes, snow and ice, steep slopes, and slippery rocks. Some of the attendant risks include collision, falling, drowning and others usually associated with such travel, as well as environmental risks.
2. Environmental risks include rapidly moving, deep or cold water, insects, snakes, and predators, including large animals, poisonous plants; falling and rolling rock, lightning, avalanches, flash floods, and unpredictable forces of nature, including weather that may change to extreme conditions without notice.
3. You may experience extremely cold conditions, which can lead to injury from frostbite or death from hypothermia.
4. You may experience extremely hot conditions, which can lead to heat stroke or heat exhaustion, which can lead to serious illness or death.
5. Hikers may become lost, especially in low-visibility weather conditions, which may lead to prolonged exposure to heat or cold, lack of food or water, and other hazardous environmental conditions.
6. Meals are prepared over gas stoves and sometimes open fires. Water often requires purification before use. Attendant hazards may include: dizziness, fainting, burns, cuts, and flu-like illness.
7. Decisions are made by the instructors and participants in a wilderness setting, based on a variety of perceptions and evaluations which by their nature are imprecise and subject to errors in judgment. Participants may have free and unsupervised time. Throughout the program, participants are responsible for their own safety and asked to look out for the safety of other members of their group.
8. It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
I represent that I have carefully read and understood the above Acknowledgment of Dangers & Risks for Backpacking, Camping and Hiking.
INDEMNIFICATION, RELEASE AND WAIVER
IMPORTANT: THIS IS A BINDING LEGAL DOCUMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING BELOW. THIS AGREEMENT AND RELEASE INCLUDES A RELEASE OF CLAIMS. A COPY OF THIS RELEASE CAN BE USED AS IF IT WERE AN ORIGINAL.
Piru Holding LLC has taken reasonable precautions so that our guests enjoy a rewarding experience by participating in an activity for which you may not be skilled. We wish to inform you, however, that there are dangers and risks associated with Backpacking, Camping and Hiking. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to your equipment, or accidental injury, illness, or in extreme cases, permanent disability or death. It is also possible that some participants may suffer mental anguish or trauma from the experience or any injuries. Piru Holding LLC does not want to frighten you or reduce your enthusiasm for these activities, but, believes it is important for you to understand, in advance, some of the foreseeable dangers and risks. Also, there may be dangers and risks that are not foreseeable. The above Exhibit “A” listed some, but not all, of those foreseeable dangers and risks.
In consideration of the services of Piru Holding LLC and Even Management Corporation and any and all of their employees, instructors, agents, representatives, officers, managers, members, directors and shareholders (collectively, “Piru Holding LLC”) with respect to my use of the facilities of the Piru Holding LLC, I agree as follows:
I am aware that CAMPING/HIKING/BACKPACKING entails dangers and risks of serious injury, permanent disability or death to any participant. I understand the description in Exhibit “A”, and elsewhere in this Document, of these inherent dangers and risks are not complete and that other unknown or unforeseeable inherent dangers and risks may result in serious injury, permanent disability or death to any participant. Serious injury, permanent disability or death occur more often when a participant is under the influence drugs or alcohol or are not physically able to undertake the activity. I agree to assume and accept full responsibility for the inherent dangers and risks described in Exhibit “A”, and elsewhere in this Document, and those inherent dangers and risks not specifically identified including transportation to and from the activity. My participation in CAMPING/HIKING/BACKPACKING is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent dangers and risks.
I acknowledge receiving and carefully reading Exhibit “A”. I understand that Exhibit “A” is incorporated herein and made a part of this Document. I acknowledge that engaging in CAMPING/HIKING/BACKPACKING may require a degree of skill and knowledge different than other activities and that I have duties as a participant. I acknowledge that the staff of Piru Holding LLC has been available to more fully explain to me the nature and physical demands of CAMPING/HIKING/BACKPACKING and the inherent dangers, risks and hazards associated with CAMPING/HIKING/BACKPACKING.
I represent that I am fully capable of participating in CAMPING/HIKING/BACKPACKING. Therefore, I assume and accept full responsibility for myself, and on behalf all minor children for which I am the parent or guardian, for bodily injury, permanent disability, death or loss of personal property and expenses as a result of the occurrence of any inherent danger or risk described in Exhibit “A”, or elsewhere in this Document, as well as any inherent dangers and risks not specifically identified in this Document, during my participation of a CAMPING/HIKING/BACKPACKING activity. I also understand that in order to be allowed to participate in a CAMPING/HIKING/BACKPACKING activity and/or to receive instruction in CAMPING/HIKING/BACKPACKING, I hereby waive any and all rights I may have, in law or equity, to hold named Piru Holding LLC liable for any damages that may result from my participation in a CAMPING/HIKING/BACKPACKING activity.
In consideration of being permitted to participate in a CAMPING/HIKING/BACKPACKING activity, I agree to indemnify and hold harmless Piru Holding LLC from any and all claims, damages, losses, injuries and expenses arising out of or resulting from participation in a CAMPING/HIKING/BACKPACKING activity. I further agree to release, acquit and covenant not to sue Piru Holding LLC for any and all actions, causes of action, claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Piru Holding LLC, or the negligence of my family, myself, or my heirs.
WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542. I hereby acknowledge and agree that by reason of the Release set forth in this Exhibit “B”, I am assuming all risk of bodily injury including any disability, death or property damage and all other unknown and unforeseeable claims. I agree that my Release of Piru Holding LLC contained in this Exhibit “B” applies to all bodily injury including any disability, death or property damage and all other unknown and unforeseeable claims. In connection therewith, I expressly waive whatever benefits I may have under Section 1542 of the California Civil Code, which reads as follows: “A General Release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Applicable Law; Venue. The validity, performance, construction and interpretation of this Document and all disputes hereunder shall be governed by the laws of the State of California with respect to agreements entered into and to be performed entirely within the State of California, excluding any laws that direct the application of another jurisdiction’s laws. The Superior Court of the State of California for the County of Ventura shall be the exclusive venue for all disputes between the parties arising under this Document and in any action in which lawsuit thereon is filed.
The terms of this Document shall continue and be in effect after the CAMPING/HIKING/BACKPACKING activity has ended. I hereby agree that if Piru Holding LLC is forced to defend against any action, lawsuit or litigation brought by myself, my executors, or my heirs on my family’s or my behalf, my heirs or executors that I agree the prevailing shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in that action or arbitration proceeding, in addition to any other relief to which it may be entitled. Should a court of competent jurisdiction declare any paragraph or part of this Document unenforceable, the remaining parts or paragraphs shall remain in full force and effect.
I authorize and release to Piru Holding LLC the use of my image in any photograph or video recording for any purpose of Piru Holding LLC.
I shall strictly comply with all applicable federal, state and local laws, ordinances, codes, regulations and guidelines.
I have adequate health, disability and life insurance for my family and myself. I hereby give permission for transportation to any medical facility or hospital. I authorize any qualified guide or medical personnel to render necessary emergency medical care for my family or myself. In doing so, any qualified guide or medical personnel shall to entitled to the indemnification, release and waivers set forth in this Exhibit “B”.
Parent or Guardian (if Participant is under age 18 years):
THE UNDERSIGNED WARRANTS AND REPRESENTS THAT THE UNDERSIGNED HAS CARFULLY READ AND UNDERSTANDS THIS AGREEMENT AND THE EXHIBITS PRIOR TO THE SIGNING OF THIS AGREEMENT AND THAT THE UNDERSIGNED FREELY ENTERS INTO THIS AGREEMENT.
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Document Name: BACKPACKING, CAMPING AND HIKING
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