You, on your own behalf and on behalf of your heirs, legal representatives, successors and assigns (collectively, the “Entrant”), are being asked to sign this RELEASE in connection with your request for permission to use areas of the property. The specific real property or properties, including all equipment and facilities located thereon that you will be permitted to use as a guest within the 150 acres located at 6800 Wheeler Canyon Road, Santa Paula, CA, and 19 acres located at 7322 Wheeler Canyon Road, Santa Paula, CA (collectively, the “Grounds”). National Disaster Search Dog Foundation are the owners of said Grounds. National Disaster Search Dog Foundation, its employees, agents, and its representatives shall herein be referred to collectively as “Owner/Owners.”
The Grounds may be improved or unimproved. There are certain natural and man-made hazards that may exist on the Grounds, and none of the Owners makes any representations regarding the condition of any of the Grounds. Owners do not warrant or make any guarantees about the suitability of the Grounds for use. Entry onto the Grounds is at your own risk. If you nonetheless choose to use any of the Grounds, you agree that you alone will assume and bear the risk of injury or damage to your person, dogs and/or property and that you alone will be responsible for any injury or damage you, your guests, or your dogs incur while on the Grounds. Before you use any Grounds, you should be sure that you have
adequate insurance to cover any and all risks of use.
In consideration of the privilege of entering upon the Grounds, you hereby agree as follows:
1. To the fullest extent allowed by law, Entrant ASSUMES ALL RISK of damage to property or injury to or death of persons and/or dogs in, upon or about the Grounds and Entrant further WAIVES, RELEASES AND FOREVER DISCHARGES the Owners, and each of them, from and against any and all claims, losses, judgments, liabilities, damages, injuries (including, without limitation, death), causes of action, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs and all reasonable investigative and discovery costs) (collectively, “Claims”), arising from or in connection with Entrant’s use and/or enjoyment of the Grounds and access to and from said Grounds and all lands adjoining or associated therewith, Entrant’s activities thereon, or things done, permitted or suffered by Entrant on or in connection with the Grounds, whether or not caused in whole or in part by any Owner’s act or omission, whether negligent (passive or active) or intentional.
2. In further consideration of the privilege of entering upon the Grounds, Entrant agrees, at its expense, to INDEMNIFY, DEFEND, PROTECT, and HOLD HARMLESS the Owners (and each of them) from any and all Claims for injury (including, without limitation, death and physical, psychological and emotional injuries) to any person and/or dogs, or damage to any property whatsoever, arising from or caused by (whether in whole or in part, directly or indirectly), any occurrence in, on or about the Grounds arising out of or in consequence of the acts, omissions, negligence, recklessness, or willful misconduct of Entrant, Entrant’s guests or any other persons Entrant permits to be on the Grounds.
3. Any Owner who has granted Entrant permission to use the Grounds may revoke that permission at any time. The RELEASE constitutes the entire agreement between Entrant and the Owners with respect to the subject matter hereof and shall not be modified, except in writing signed by Entrant and an authorized representative of the Owner who granted Entrant permission to use the Grounds.
4. Entrant further expressly agrees that this RELEASE is intended to be as broad and inclusive as is permitted by the law of the State of California and that, if any portion thereof is held invalid, it is agreed that the remaining provisions shall, notwithstanding, continue in full legal force and effect.
5. This RELEASE shall remain in full force and effect until revoked in writing by Entrant pursuant to a written notice delivered, certified mail, to Search Dog Foundation, 6800 Wheeler Canyon Rd, Santa Paula, CA 93060.
6. I hereby grant the National Disaster Search Dog Foundation and its respective designees, employees, contracts, licensees, successors, and agents the irrevocable right and permission to use photographs, logos, movies, or videos taken of me and/or accompanying canine partner, or that include my likeness or image of my writing (collectively, “images”) for use in printed, online and/or electronic materials (collective, “work”), both internally and externally. Entrant waives any right to inspect or approve the use of the images and acknowledges and agrees that the rights granted in this release are without compensation of any kind.
7. This RELEASE shall be governed by the laws of the State of California, and any disputes arising out of or in connection with this RELEASE shall be under the exclusive jurisdiction of the Courts of the State of California.
8. Entrant has read this RELEASE, including the provisions regarding the waiver of liability, assumption of risk, and indemnity, fully understands its terms, and understands that he/she is giving up substantial rights, including the right to sue. By your signature below, you acknowledge that you have read this RELEASE and that you, as Entrant and other listed persons, agree to be bound by it, freely and
voluntarily.