Release of Liability and Assumption of Risk, & indemnification and Use of Likeness Agreement

(hereinafter referred to as “the Activity”), which is organized by the Ojai Valley Land Conservancy (hereinafter referred to as “OVLC”). I understand that the Activity is inherently hazardous, and I may be exposed to dangers, including some of the following (depending on the nature of the Activity): falls, falling rocks, fractures, concussions, contact with harmful plants like poison oak, dangerous weather, overexertion, overheating, excessive sun exposure, injuries from my lack of fitness or conditioning, hypothermia, hostile or aggressive wildlife, drowning, death, equipment failure, and others’ negligence. As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged. I will have to pay for any medical care and/or evacuation that I may incur. In consideration of the permission to participate in the Activity, I agree to the terms contained in this document.

ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this activity, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity – including any injury or loss caused by the negligence of OVLC, its employees, agents and officers, its contractors, and other Activity participants. I also understand that any equipment that I provide or may borrow from OVLC or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.

RELEASE OF LIABILITY: I hereby RELEASE OVLC, its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, and land owners (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that may arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activity or are related in any way to the Activity.

INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined above) against any and all claims to which the RELEASE OF LIABILITY section of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activity provided to me and to follow directions given to me by the leaders of the Activity.

USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to OVLC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.

SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELASE OF LIABILITY AND INDEMNITY as broad a inclusive as is permitted by California law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. No oral representations, statements, or other inducements to sign this RELEASE have been made apart from what is contained in this document. I understand this is a contract that affects my legal rights and I sign it of my own free will.