APPENDIX
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INDIAN DUNES PARK
GENERAL RELEASE
SINCE ALL MOTORBIKE RIDING IS DANGEROUS WE REQUIRE ALL RIDERS AND VISITORS TO ASSUME ALL RISK BY SIGNING THIS GENERAL RELEASE.”
In consideration for being permitted to enter for any purpose the premises of Indian Dunes Park (including but not limited to the pit area, the spectator, picnic and parking areas, the racing basin surface and hill climbs, including concessions and other appurtenances therein) each of the Undersigned, for himself and personal representatives, assigns, heirs and next of kin, or either of them:
1. Hereby releases, Waives, Discharges, and Covenants Not To Sue [Releasees], from all liability to the Undersigned . . . for all loss or damage and any claim or demands therefor, on account of injury to the person or property or resulting in death of the Undersigned, whether caused by the negligence of Releasees or otherwise while the Undersigned is upon the Park premises, and
2. Hereby Agrees to Indemnify And Save and Hold Harmless the Releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of any action of the Undersigned in or about the Park premises and whether caused by the neglignece of the Releasors or otherwise.
Each of the Undersigned expressly agrees that the foregoing Release, Waiver and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion there of is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Each of the undersigned warrants the following statements are true and correct and understands that the Releasees have relied on them in entering into the foregoing Release, Waiver and Indemnity Agreement and in giving the Undersigned permission to enter the Indian Dunes Park:
1. No oral representations, statements or inducements apart from the foregoing written agreement have been made.
2. The Undersigned, individually, are fully aware of the risks and hazards inherent in entering upon said premises or in participating in any events held in or upon said premises and hereby elect voluntarily to enter upon said premises, knowing the present condition and knowing that said condition may become more hazardous and dangerous during the time that the undersigned or either of them are upon said premises. The undersigned individually hereby voluntarily assume all risks of loss, damage, or injury that may be sustained by them, or any of them, any damage to any property of the undersigned, or any of them, while in or upon said premises."
3. That he is an independent contractor, or the employee or agent of an independent contractor, and assumes and takes all responsibility for all wages, premiums, and taxes, if any, payable on any funds he may receive as a result of his activities, including without limiting the generality of the foregoing, social security taxes, unemployment insurance taxes, compensation insurance, income taxes, and withholding taxes.
4. That he gives consent to whatever medical care might be provided or available on the premises and further agrees to conform and comply with all rules and regulations of Indian Dunes Park.
5. HE HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF ALL LIABILITY AND INDEMNITY AGREEMENT
MOTOR CYCLING IS DANGEROUS
In witness whereof each of the undersigned has executed this release dated this day_______ 19___.
THIS IS A RELEASE /s/ THIS IS A RELEASE /s/ THIS IS A RELEASE /s/
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THIS IS A RELEASE /s/ THIS IS A RELEASE /s/ THIS IS A RELEASE /s/
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THIS IS A RELEASE /s/ THIS IS A RELEASE /s/ THIS IS A RELEASE /s/
THIS IS A RELEASE /s/ THIS IS A RELEASE /s/ THIS IS A RELEASE /s/
THIS IS A RELEASE /s/ THIS IS A RELEASE /s/ THIS IS A RELEASE /s/
THIS IS A RELEASE /s/ THIS IS A RELEASE /s/ THIS IS A RELEASE /s/
THIS IS A RELEASE /s/ THIS IS A RELEASE /s/ THIS IS A RELEASE /s/
THIS IS A RELEASE /s/ THIS IS A RELEASE /s/ THIS IS A RELEASE /s/
THIS IS A RELEASE /s/ THIS IS A RELEASE /s/ THIS IS A RELEASE /s/
THIS IS A RELEASE /s/ THIS IS A RELEASE /s/ THIS IS A RELEASE /s/
Kurashige v. Indian Dunes, Inc. (1988) 200 Cal.App.3d 606, 616 (enforceable release)
YMCA of Metropolitan Los Angeles
Release and Waiver of Liability and Indemnity Agreement
In Consideration of being permitted to enter the YMCA for any purpose, including, but not limited to observation, use of facilities or equipment or participation in any way, the undersigned . . . hereby acknowledges, agrees and represents that he or she has or immediately upon entering will, inspect such premises and facilities. It is further warranted that such entry in the YMCA for observation, participation or use of any facilities or equipment constitutes an acknowledgment that such premises and all facilities and equipment thereon have been inspected and that the undersigned finds and accepts same as being safe and reasonably suited for the purposes of such observation or use.
I[n] Further Consideration of Being Permitted to Enter the YMCA for Any Purpose Including, but Not Limited to Observation, Use of Facilities or Equipment, or Participation in Any Way, the Undersigned Hereby Agrees to the Following:
The Undersigned Hereby Releases, Waives, Discharges and Covenants Not to Sue the YMCA . . . (hereinafter referred to as 'releasees') from all liability to the undersigned . . . for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise, while the undersigned is in, upon, or about the premises or any facilities or equipment therein.
The Undersigned Hereby Agrees to Indemnify and Save and Hold Harmless the releasees and each of them from any loss, liability, damage or cost they may incur due to the presence of the undersigned in, upon or about the YMCA premises or in any way observing or using any facilities or equipment of the YMCA whether caused by the negligence of the releasees or otherwise.
The Undersigned Hereby Assumes Full Responsibility for and Risk of Bodily Injury, Death or Property Damage due to the negligence of releasees or otherwise while in, about or upon the premises of the YMCA and/or while using the premises or any facilities or equipment hereon.
The Undersigned further expressly agrees that the foregoing Release, Waiver and Indemnity Agreement 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 balance shall, notwithstanding, continue in full legal force and effect.
The Undersigned Has Read and Voluntarily Signs the Release and Waiver of Liability and Indemnity Agreement, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.
I Have Read This Release
DATE:
Signature of Applicant
Case reference:
Randas v. YMCA of Metropolitan Los Angeles (1993) 17 Cal.App.4th 158, 162-63 (enforceable)
YMCA of Metropolitan Los Angeles v. Superior Court (Clark) (1997) 55 Cal.App.4th 22, 26 n.1 (Enforceable release)
Agreement and Release of Liability
I, _____________, have voluntarily enrolled in a ski lesson offered by Snow Summit, Inc. I am aware that my participation in the ski lesson and the Sport of Skiing Involves Numerous Risks of Injury, including, but not limited to, falls, loss of control, collisions with other skiers and natural and man-made objects and I Freely Assume Those Risks.
As lawful consideration for being permitted to enroll in the ski lesson, I Agree to Release From Any Legal Liability and Agree Not to Sue Snow Summit, Inc., their owners, officers, directors, members, agents and employees, for any and all injuries caused by or resulting from any participation in the ski lesson or the sport of skiing whether or not such injury or death was caused by alleged negligence.
I Am Aware That This Contract Is Legally Binding and That I Am Releasing Legal Rights by Signing It.
. . /s/
Case reference:
Allan v. Snow Summit, Inc. (1996) 51 Cal.App.4th 1358, 1362-63 (valid/enforceable release)
NAUI WAIVER, RELEASE AND INDEMNITY AGREEMENT
For and in consideration of permitting (1) Ken Salejmanajie to enroll and participate in diving activities and class instruction of skin and/or scuba given by (2) Norman Madison/Westchester YMCA, in the City of Los Angeles, County of Los Angeles, and State of California, beginning on the 29 day of July, 1986, the Undersigned hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury, property damage or wrongful death occurring to him/herself arising as a result of engaging or receiving instructions in said activity or any activities incidental thereto wherever or however the same may occur and for whatever period said activities or instructions may continue, and the Undersigned does for him/herself, his/her heirs, executors, administrators and assigns hereby release, waive, discharge and relinquish any action or causes of action, aforesaid, which may hereafter arise for him/herself and for his/her estate, and agrees that under no circumstances will he/she or his/her heirs, executors, administrators and assigns prosecute, present any claim for personal injury, property damage or wrongful death against (2) Norman Madison/Westchester YMCA or any of its officers, agents, servants or employees for any of said causes of action, whether the same arise by the negligence of any of said persons, or otherwise. IT IS THE INTENTION OF (1) BY THIS INSTRUMENT, TO EXEMPT AND RELIEVE (2) Norman Madison/Westchester YMCA FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE.
The Undersigned, for him/herself, his/her heirs, executors, administrators or assigns agrees that in the event any claim for personal injury, property damage or wrongful death shall be prosecuted against (2) Norman Madison/Westchester YMCA he/she shall indemnify and save harmless the same (2) Norman Madison/Westchester YMCA from any and all claims or causes of action by whomever or wherever made or presented for personal injuries, property damage or wrongful death.
The Undersigned acknowledges that he/she has read the foregoing two paragraphs, has been fully and completely advised of the potential dangers incidental to engaging in the activity and instructing of skin and/or scuba diving, and is fully aware of the legal consequences of signing the within instrument.
WITNESS:
Signature of Student
DATED: 7-29-86
Signature of Parent or Guardian - where applicable
-- THIS FORM IS TO BE RETURNED BY SECOND COURSE MEETING --
Case reference:
Madison v. Superior Court (1988) 203 Cal.App.3d 589, 594, 603 (enforceable release)
VOLUNTARY RELEASE - ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Track Name Date 1-15-84
Each undersigned person requests and is granted permission (1) to enter the RESTRICTED AREA, (2) to participate as driver, crew or assistant in racing events, (3) to compete for money, prizes, recognition or reward, (4) to be covered by participants' hospitalization insurance, if applicable, as limited by the master insurance policy (all collectively herein called "permissive entry").
In consideration of "permissive entry" to the restricted area, which is the area from which admission to the general public is restricted, which includes but is not limited to the pit area, racing surface, infield, adjacent walkways, concessions, and other appurtenances, I (each of the undersigned) for myself, my personal representatives, heirs, next of kin, spouse and assigns, DO HEREBY:
1. RELEASE, DISCHARGE AND COVENANT NOT TO SUE the track operators, track owners, land owners, racing association, and each of them, their officers, agents and employees (all hereinafter collectively referred to as "releases from any and all claims and liability arising out of strict liability or ordinary negligence of releases or any other participant which causes the undersigned injury, death, damages or property damage. I hereby covenant to hold releases harmless and indemnify releases for any claim judgment or expense releases may incur arising out of my activities [***10] or presence in the restricted area.
2. UNDERSTAND that my entry into the restricted area and/or participation in racing events contains DANGER AND RISK OF INJURY OR DEATH, that conditions of the racing surface change from time to time and may become more hazardous, and that there is INHERENT DANGER in racing which I appreciate and voluntarily assume, because I choose so to do. I have observed many races of the type that I seek to participate in, I have inspected the racing surface, access roads, shoulders, equipment, barriers or lack thereof, lighting or lack thereof, and the weather conditions, I further know that other contestants and participants pose a danger to me, nevertheless, I VOLUNTARILY ELECT TO ACCEPT ALL RISKS connected with my entry into the restricted area and/or participation in any racing events.
3. ACKNOWLEDGE that I am aware of all track and equipment safety regulations and I have complied with each regulation. If I have failed so to do, I ASSUME ALL RISK for myself and assume all liability to others for such failure, and I hereby RELEASE releases for any failure in inspecting my vehicle or others. I am not an agent, servant or employee of releases and [***11] no oral representations or inducements have been made to me to sign this agreement. If any portion of this agreement is held invalid, it is agreed that the balance thereof shall continue in full legal force and effect.
4. AGREE that this agreement shall apply to any incident, injury, accident or death occurring at the captioned track on the above date, and to any incident, injury, accident or death occurring within a period of one (1) year after the execution of this agreement.
I HAVE READ THIS DOCUMENT. I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS.
I UNDERSTAND I ASSUME ALL RISK INHERENT IN RACING.
I VOLUNTARILY SIGN MY NAME EVIDENCING MY ACCEPTANCE OF THE ABOVE PROVISIONS.
International and National Brotherhood of Street Racers, Inc. v. Superior Court (1989) 215 Cal.App.3d 934, 940 (enforceable release)
AGREEMENT & RELEASE OF LIABILITY
I, _______________________, HEREBY ACKNOWLEDGE that I have voluntarily applied to participate in parachuting instruction and training, culminating in a parachute jump at the premises of Elsinore Parachute Center.
I AM AWARE THAT PARACHUTE INSTRUCTION AND JUMPING ARE HAZARDOUS ACTIVITIES, AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF TH DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH. PLEASE INITIAL. _______
AS LAWFUL CONSIDERATION for being permitted by Elsinore Parachute Center or one of its affiliated organizations to participate in these activities and use their facilities, I hereby agree that I, my heirs, distributees, guardians, legal representatives and assigns will not make a claim against, sue, attach the property of, or prosecute Elsinore Parachute Center, Parachutes, Inc., and or one of its affiliated organizations, and Aurora Leasing Company, and Orange Sport Parachuting Center, Inc., and Elsinore Sport Parachuting Center, Inc., and Lakewood Sport Parachuting Center, Inc. For injury or damage resulting from the negligence or other acts, howsoever caused, by any employee, agent or contractor of Elsinore Parachute Center or its affiliates, as a result of my participation in parachuting activities. In addition, I hereby release and discharge Elsinore Parachute Center, Parachutes, Inc., Skydive, Skydive II, and its affiliated organization, and Aurora Leasing Company, and Orange Sport Parachuting Center, Inc., and Elsinore Sport Parachuting Center, Inc., and Lakewood Sport Parachuting Center, Inc. from all actions, claims or demands, I, my heirs, distributees, guardians, legal representatives, or assigns now have or may hereafter have for injury or damage resulting from my participation in parachuting activities.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND ELSINORE PARACHUTE CENTER AND/OR ITS AFFILIATED ORGANIZATIONS AND SIGN IT ON MY OWN FREE WILL.
DATED:
WITNESS________________________________ SIGNATURE________________________________
DATE____________________________________
Case reference:
Hulsey v. Elsinore Parachute Center (1985) 168 Cal.App.3d 333, 348 (enforceable release)
PLEASE READ & SIGN THIS AGREEMENT IT RELEASES US FROM LIABILITY
The undersigned accepts for use as is the equipment listed on this form and accepts full responsibility for the care of this equipment while it is in his or her possession, and agrees to reimburse the Klein’s Ski Shop for any loss or damage other than reasonable wear resulting from use.
It is understood the bindings furnished herewith are bindings designed to reduce the risk or degree of injuries from falling, and that despite the fact that adjustments are according to manufacturers recommendations, it is understood that the bindings will not release under ALL circumstances and are no guarantee for the user’s safety.
It is understood how the bindings works. Do not change any binding adjustments, come back to the rental shop for free assistance. The undersigned acknowledges that there is an inherent risk of injury in the sport of skiing, and use of any ski equipment, and expressly assumes the risks for any damages to any persons or property resulting from the use of this equipment.
It is furthermore expressly agreed that the undersigned shall hold the Klein’s Ski Shop and/or its employees, the Sugar Bowl Corporation and/or its employees harmless and release them from any and all responsibility or liability for damages and injury to the equipment user or to any person or property whether resulting from the negligence (active or passive/past, present or future) or whether resulting from the selection, inspection or adjustment of this equipment (active or passive/past, present or future) by the Klein’s Ski Shop and/or its employees or whether resulting from the use of this equipment by the user.
_____________________________________________
Signature of person responsible for equipment
Case reference:
Westlye v. Look Sports, Inc. (1993) 17 Cal.App.4th 1715, 1755 (enforceable release)
Release and Waiver of Liability. Assumption of Risk and Indemnity Agreement
In consideration of being permitted to compete, officiate, observe, work for, or participate in any way in the Event(s) or being permitted to enter for any purpose any Restricted Area (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), Each of the Undersigned, for himself, his personal representative, heirs, and next of kin:
2. Hereby Releases, Waives, Discharges and Covenants Not to Sue [promoters, participants, etc. (releasees)] . . . for Any and All Loss or Damage, and Any Claim or Demands Therefor on Account of Injury . . . Arising out of or Related to the Event(s), Whether Caused by the Negligence of the Releasees or Otherwise.
3. Hereby Agrees to Indemnify and Save and Hold Harmless the Releasees and each of them From Any Loss, Liability, Damage, or Cost they may incur arising out of or related to the Event(s) Whether Caused by the Negligence of the Releasees or Otherwise.
4. Hereby Assumes Full Responsibility for Any Risk of Bodily Injury, Death or Property Damage arising out of or related to the Event(s) whether caused by the Negligence of Releasees or otherwise.
5. Hereby acknowledges that the Activities of the Event(s) are Very Dangerous and involve the risk of serious injury and/or death and/or property damage. Each of the Undersigned also expressly acknowledges that Injuries Received May Be Compounded or Increased by Negligent Rescue Operations or Procedures of the Releasees.
6. Hereby agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, Including Negligent Rescue Operations and is intended to be as broad and inclusive as is permitted by the laws of the Province or State in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I Have Read This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, Fully Understand Its Terms, Understand That I Have Given Up Substantial Rights by Signing It, and Have Signed It Freely and Voluntarily Without Any Inducement, Assurance, or Guarantee Being Made to Me and Intend My Signature to Be a Complete and Unconditional Release of All Liability to the Greatest Extent Allowed by Law.
Case reference:
Allabach v. Santa Clara County Fair Association, Inc. (1996) 46 Cal.App.4th 1007, 1014-15
(enforceable release)
Southern California Cycling Federation Standard Athlete's Entry Blank and Release Form
In consideration of the acceptance of my application for entry in the above event, I hereby waive, release and discharge any and all claims for damages for death, personal injury or property damage which I may have, or which may hereafter accrue to me, as a result of my participation in said event. This release is intended to discharge in advance the promoters, the sponsors, the U.S.C.F., the S.C.C.F., the promoting clubs, the officials, and any involved municipalities or other public entities (and their respective agents and employees), from and against any and all liability arising out of or connected in any way with my participation in said event, even though that liability may arise out of negligence or carelessness on the part of the persons or entities mentioned above.
I further understand that serious accidents occasionally occur during bicycle racing; and that participants in bicycle racing occasionally sustain mortal or serious personal injuries; and/or property damage, as a consequence thereof. Knowing the risks of bicycle racing, nevertheless, I hereby agree to assume those risks and to release and hold harmless all of the persons or entities mentioned above who (through negligence or carelessness) might otherwise be liable to me (or my heirs or assigns) for damages.
It is further understood and agreed that this waiver, release and assumption of risk is to be binding on my heirs and assigns.
I agree to accept and abide by the rules and regulations of the United States Cycling Federation.
Case reference:
Bennett v. United States Cycling Federation (1987) 193 Cal.App.3d 1485, 1487 (not enforceable)
Okura v. United States Cycling Federation (1986) 186 Cal.App.3d 1462 (enforceable)
"Pit Pass"
"Deposit at gate; not good if detached
Release of Liability and Agreement"
Holder "releases, re mises and forever discharges San Francisco Region, Sports Car Club of America, its officers, governors, members, agents and employees and all participants in the above mentioned event, and any individual, group or association or corporation, if any, sponsoring the event or owning property on which the event is held, and each of them, and the heirs assigns, administrators and executors of each of them of and from any and every claim, demand, action or right of action whatsoever kind or nature, in law or in equity, arising from or by reason of any injury to or death of any person, or any damage to or destruction of property resulting or alleged to result from or arise out of any accident or other occurrence during or in connection with the foregoing event and/or any practice session in connection therewith, and/or any use of the course and/or facilities provided for such event."
Case reference:
Celli v. Sports Car Club of America, Inc. (1972) 29 Cal.App.3d 511, 525 (release not enforced)
Release of Liability
Entrants Are Required to Read and Sign the Following Declaration
In consideration of the acceptance of this entry or of my being permitted to take part in this event, I, for myself, my heirs, executors, administrators, successors and assignes [sic] agree to save harmless and keep indemnified SNORE, Ltd., it's [sic] individual members and their respective agents, officers, officials, servants and representatives, the owner, curators, lessors, agencies, (including, but not limited to Federal, State, County and City), or managers of any lands upon which this event takes place from and against all actions, claims, costs and expenses and demands in respect of death, injury, loss of or damage to my person or property, howsoever caused, arising out of or in connection with my entry or my participation in this event, and not withstanding that the same may have been contributed, to, occasioned by, or directly caused by the negligence of the said bodies, their agents, officials, servants or representatives. I declare that the drivers possess the standard of competance [sic] necessary and are physically fit for an event of the type to which this entry relates and the vehicle entered is suitable and road worthy for the event.
Case reference:
Ferrell v. Southern Nevada Off-Road Enthusiasts, Ltd. (1983) 147 Cal.App.3d 309, 312 (not enforceable)
THIS IS A RELEASE OF LIABILITY/REQUEST AND RELEASE OF LIABILITY
Each of the undersigned hereby request permission to enter upon the premises . . . . We each have inspected the track premises, know the risks and dangers inherent in entering the premises and participating in, observing the qualifying, and practicing for motor racing events held on race premises, realize that conditions may become more hazardous while each of us are on the premises, that unanticipated and unexpected dangers may arise during said events. We each enter the premises voluntarily and assume every risk for loss, damage or injury . . . .
[Each] of the undersigned, for himself, his heirs, next of kin, personal representatives and assigns hereby Releases, Remises and Forever Discharges and Agrees to Save and Hold Harmless and Indemnify Nascar and . . . the Promoters . . . From all Liability Claims, Demands, Causes of Action and Possible Causes of Action Whatsoever, Arising Out of or Related to Any Loss . . . That May Be Sustained by Our Respective . . . Negligence . . . ."
Pit Pass (kept by plaintiff)
". . . hereby release Speedway operator, promoter, NASCAR and any other person or persons connected with this race from all liability for personal injury or property damage while preparing, practicing or participating in this race meet. I am not an employee but a contestant and independent contractor competing for prize money under NASCAR rules, regulations, and specifications. I am a duly licensed member of NASCAR, subject to rules and regulations of NASCAR. This permit issued subject to the terms and conditions of 'release' executed by NASCAR members to whom this permit is issued . . . ."
Case reference:
Link v. National Association for Stock Car Auto Racing, Inc. (1984) 158 Cal.App.3d 138, 144 (not found to be enforceable)
Release and Assumption of Risk Agreement
“I am aware that certain risks and dangers may occur on any river trip with Whitewater . . . . These risks include, but are not limited to, hazards of and injury to person and property while traveling in rafts on the river, accident or illness in remote places without medical facilities, the forces of nature . . . .
“. . . I hereby assume all of the above risks and, except in the case of gross negligence, will hold Whitewater . . . harmless from any and all liability, actions, causes of action, debts, claims, and demands of every kind and nature whatsoever which I now have or which may arise out of or in connection with my trip or participation in any activities with Whitewater . . . ."
[The agreement further stated it operated as a release and assumption of risk for his heirs.]
Case reference:
Saenz v. Whitewater Voyages, Inc. (1990) 226 Cal.App.3d 758, 763 n.7 (enforceable)
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