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WAIVER AND RELEASE OF LIABILITY,
PROMISE NOT TO SUE, ASSUMPTION OF RISK AND CONFIDENTIALITY
I desire to visit the 560-acre ranch property (the “Ranch”) owned by CHK4 Ranch, LLC (the “C4 Ranch Owner”) and located in the mountains of East San Diego County and to participate in one or more recreational oriented activities at the Ranch (collectively the “Activities”). I understand that neither the Charles Humphrey Keating IV Foundation (the “C4 Foundation”) nor the C4 Ranch Owner (the C4 Foundation and the C4 Ranch Owner are hereinafter referred to collectively as the “C4 Entities”) will allow me (and my minor children, if any (a “Minor”)) to attend or participate in Activities at the Ranch unless I enter into this Waiver And Release Of Liability, Promise Not To Sue, Assumption Of Risk and Confidentiality agreement (the “Agreement”). Therefore, in consideration of permission to visit the Ranch and participate in Activities, I voluntarily and freely make the following representations and agreements for myself and on behalf of my minor children if any, which I understand the C4 Entities are relying on:
I acknowledge, agree, and represent that I understand the nature of the Activities and that I am qualified to participate in the Activities, am in good physical and mental health, am in proper physical condition and have sufficiently prepared or trained for participation in the Activities, and have not been advised to refrain from participating in the Activities by any health professional. I certify that there are no health-related reasons or problems which preclude my participation in the Activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activities.
I am aware and assume the risk of the hazards and risks to my person and/or property associated with visiting the Ranch, traveling to and from the Ranch, and participating in Activities or utilizing equipment at the Ranch including, but not limited to, mountain biking, swimming, rowing, canoeing, diving, horseback riding, volleyball, fishing, land navigating, rock climbing, bicycle riding, dirt bike (motorcycle) riding, off-road and all-terrain vehicle activities and transportation (both 3 wheeled and 4 wheeled), archery, pistol and rifle target practice, over-night camping, insect and reptile bites and stings, snakes, uneven terrain, loose rocks and gravel, and wild animals.
Children under the age of 18 years may not drive or operate any motor vehicles including without limitation off -road and all-terrain vehicles, and all parents and children shall wear a helmet while riding bikes or while a driver/passenger in any off-road or all-terrain vehicles. Campfires are absolutely prohibited from June 1 to November 5 of each year.
I fully understand that: (a) the activities involve risks and dangers of serious bodily injury, including illness, infections, injury, permanent disability, paralysis, and death ("risks"); (b) the risks may be caused by my own actions or inaction, the actions or inaction of the Minor, or the actions or inaction of others participating in the Activities, the condition in which the Activities take place, or the negligence of the released parties named above; (c) the Risks may be caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic (including without limitation failing to observe “STOP” and “SLOW DOWN” signs), unpaved dirt roads, loose rocks, and lack of hydration; and (d) to participate in the Activities, I (and the Minor, if applicable) must be covered by private medical insurance and I (and the Minor, if applicable) agree to recover all damages first from such insurance carrier for any and all injuries that occur in connection with the Activities. I acknowledge that there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time, and I fully accept and assume all risks and other such risks and all responsibility for losses, costs, and damages that I (and the Minor, if applicable) incur as a result of my participation and/or that of the Minor in the Activities.
In consideration for being permitted to participate in activities on or about the ranch facilities I, for myself, the minor (as defined below, if applicable) and for my and the minor's personal representatives, assigns, executors, trustees, heirs and next of kin, do hereby release, waive, forever discharge, covenant not to sue, agree to indemnify, save and hold harmless, the C4 Entities, their, partners, officers, directors, agents, affiliates, employees, volunteers and their respective successors and assigns (collectively, the "Released Parties") from any and all claims, demands, losses, actions, liabilities, costs, expenses, and causes of action of any sort, known or unknown, foreseen or unforeseen, including, but not limited to, sickness, death, bodily injury, or property damage that I (or the Minor, if applicable) might sustain or suffer resulting from, or in any manner connected with, my (or the Minor's, if applicable) traveling to or from the Ranch and participation in the Activities, including, without limitation, those caused by the negligence, wrongful acts, or omissions of the C4 Entities or the Released Parties. [Applies only if participant is under age 18] As the parent and/or legal guardian of the participant listed below (the "Minor"), I understand the nature of the activities and the Minor's experience and capabilities and believe the Minor to be qualified, in good health, and in proper physical condition to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue the Minor's participation in the activities.
I expressly waive any defense to the enforcement of any provision of this Agreement arising from a claim of lack of consideration and warrant that the agreements and covenants set forth in this document constitute legal, valid, and binding obligations upon me enforceable against me and my estate and any Minor in accordance with its terms.
I expressly agree that the assumption of risk, waiver and release and the other agreements and representations set forth herein are intended to be as broad and inclusive as permitted by law. I further state that I HAVE CAREFULLY READ THE FOREGOING PROVISIONS, INCLUDING BUT NOT LIMITED TO THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS, AND I VOLUNTARILY SIGN THIS AGREEMENT AS MY OWN FREE ACT. THIS IS A LEGAL DOCUMENT AND I UNDERSTAND THAT I HAVE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY BEFORE SIGNING IT. I HAVE READ THIS DOCUMENT CAREFULLY, FULLY UNDERSTAND ITS CONTENTS, INCLUDING THE INDEMNITY CONTAINED HEREIN, AND INTEND THE RELEASE TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW. IF ANY PROVISION(S) OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED AND SHALL CONTINUE IN FULL FORCE AND EFFECT. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF CALIFORNIA WITHOUT REGARD TO ITS LAWS OR REGULATIONS RELATING TO CHOICE AND CONFLICT OF LAWS.
During the course of your visit to the C4 Ranch and, if applicable, during the course of your providing any services for the benefit of the Ranch, you will have access to marketing, financial, and other information, materials, content, ideas, strategies and plans relating to the C4 Entities, the C4 Ranch, its SEAL serving mission and its location that is non-public, confidential or proprietary (collectively, "Confidential Information"). To be clear, Confidential Information shall also specifically include any advertising, marketing and/or promotional materials prepared by or at the direction of the C4 Entities, unless and until such materials are publicly released with the C4 Entities’ authorization. You shall hold all Confidential Information in the strictest confidence and you shall not, at any time, disclose the nature or content of any Confidential Information to a third party unless the disclosure is authorized in writing by the C4 Entities. You further agree that you shall not copy, use or disclose any Confidential Information (including, without limitation, images, pictures or film, on the internet, via text message, on any blog, or on any social networking website, tool or device (such as Twitter, YouTube, Facebook, Pinterest, Instagram, etc.) or any other public forum), except to the extent authorized in writing by the C4 Entities.
C4 Ranch Animal Safety Policy - NO DOGS ALLOWED
Our goal is to keep our livestock and your pet safe!
Why are dogs not allowed at the C4 Ranch? Do you not like dogs?
No! We love our dogs! We have several working cattle dogs - without which we would not be able to operate.
We have a bio-security program in place to protect our animals and your pets. We strive to be all-natural all the time – and prevention of disease is the best method. Our concern is food safety and biosecurity. Animals brought in from outside the C4 Ranch could potentially bring disease, worms, mites, or some other foreign body that could cause substantial harm to our livestock or vice versa. This could be devastating to our animal program. Outside animals can pose a food safety risk to produce, introduce disease to livestock, and they can also frighten or upset livestock.
You may ask, what risks do outside animals pose to livestock? When outside animals are present on a ranch, diseases can be spread to and by our livestock. Zoonotic diseases are diseases spread between humans and animals and include E. coli O157:H7, salmonella, and others. The most common way for these diseases to spread is through direct contact, indirect contact, vectors, and contaminated food. It has been estimated that six out of ten known infectious diseases impacting humans are also spread by animals. Furthermore, we do not allow pets as we do not have an area for the animals to urinate and defecate, which is not a contamination risk for our livestock and working cattle dogs. All areas of our ranch are used for grazing or are areas where rainwater runoff goes into our grazing land. For more information on zoonotic disease risks and preventive controls, visit the CDC Zoonotic Diseases webpage: CDC Zoonotic Diseases.
Additionally, we have newborn livestock on site, and the presence of an unfamiliar canine could cause those animals to behave erratically. This would pose an immediate threat to those newborn animals and to patrons interacting with those animals, especially small children. Excitement or barking – though maybe not malicious will stress the newborn livestock. Finally, we have guardian and working cattle dogs who are instinctively programmed to protect our livestock from coyotes, bobcats, mountain lions, and other predators. Even if your pet is not threatening, they could be perceived as a threat and could be harmed. We understand your love of your animal, and your desire to have your pet with you. However, it is our duty to protect the health and safety of our livestock, our patrons, and our pets. Allowing outside animals onto our ranch would prohibit us from doing so.
If you have a service animal and need special accommodations due to this policy, please contact us in advance at (619) 909-6033, and we will be happy to accommodate you.
This Agreement has been executed and delivered in the State of California, and its validity, interpretation, performance, and enforcement shall be governed by the laws of said State regardless of any conflict of law provisions. Venue for any action taken in a court of law relating to this agreement shall be in San Diego County Superior Court San Diego, California. If any provision of this Agreement is held invalid by any tribunal in a final decision from which no appeal is or can be taken, such provision shall be deemed modified to eliminate the invalid element, and, as so modified, such provision shall be deemed a part of this Agreement. If it is not possible to modify any such provision to eliminate the invalid element, such provision shall be deemed eliminated from this Agreement. The invalidity of any provision of this Agreement shall not affect the force and effect of the remaining provisions.
Facsimile or Email Signature Deemed Original. This Agreement may be signed and delivered by facsimile transmission and/or electronic mail (including, without limitation, by PDF), and such facsimile or electronically mailed documents shall be deemed originals and binding upon the signatories upon receipt by the Party to whom the facsimile transmission or electronic mail is sent.
In witness whereof, I have voluntarily signed this Waiver and Release of Liability, Promise Not To Sue, Assumption of Risk and Confidentiality Agreement on the date set forth below:
ALL ADULTS OVER 18 MUST SIGN AN INDIVIDUAL WAIVER - NO EXCEPTIONS
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