RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named in this reservation, on behalf of himself or herself and his or her respective guests (referred to as “I” or “me”) desires to enter upon and participate in wine tasting activities and tours (the “Activity”) on the property located at 23505 Alamitos Road, San Jose, CA 95120 (“Premises”) provided by Alamitos Vineyards, Inc., a California corporation, Christopher Maune, and Shaun Coleman (collectively, the “Winery”). In consideration of being permitted by the Winery to enter upon the Premises and to participate in the Activity, and in recognition of the Winery’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).
I AM AWARE AND UNDERSTAND THAT:
- THERE IS AN UNCOVERED POOL ON THE PREMISES WITHOUT A LIFEGUARD ON DUTY;
- THE PREMISES DOES NOT CONFORM TO THE ACCESSIBILITY REQUIREMENTS, REGULATIONS, OR GUIDELINES UNDER THE AMERICANS WITH DISABILITIES ACT (“ADA”);
- ACCESS TO THE PREMISES AND THE ACTIVITY ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE.
I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE WINERY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE WINERY. NOTWITHSTANDING THE RISKS, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY ENTERING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY ENTRY TO THE PREMISES AND THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE WINERY OR OTHERWISE.
I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Winery, and its officers, directors, employees, agents, affiliates, shareholders, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to the Activity, whether arising out of the ordinary negligence of the Winery or any Releasees or otherwise. I covenant not to make or bring any such claim against the Winery or any other Releasee, and forever release and discharge the Winery and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.
I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS 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.
I shall defend, indemnify, and hold harmless the Winery and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Winery or any other Releasees arising out of or resulting from any claim of a third party related to the Activity, including any claims arising out of my own negligence or the ordinary negligence of the Winery.
I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.
This Release constitutes the sole and entire agreement of the Winery and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Winery and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Santa Clara County, California and I hereby consent to the exclusive jurisdiction of such courts.
BY COMPLETING THE RESERVATION, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE WINERY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITY. If signing on behalf of a minor who will enter upon the Premises and/or participate in any activities on the Premises, I represent and warrant that I am the parent or legal guardian of said minor. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability and Assumption of Risk.