California Multicultural Arts Institute
Participant's Release of Liability
Release:
This "RELEASE"is entered into by and between the California Multicultural Arts Institute, Inc.(referred to as"CMAI") and those individuals agreeing below, who intend(s) to be "Participants" in one or more CMAI "Camps"held at the Mendocino Woodlands Camps during 2018, specifically, Mendocino Folklore Camp. The Mendocino Woodlands Camps are owned by the State of California and operated by the Mendocino Woodlands Camp Association who rents the facilities to CMAI.
Participant(s) hereby expressly agree to the following:
Participant(s) hereby expressly agree to the following:
1.Facility Description.
Participant understands and agrees that the Mendocino Woodlands Camps are a Registered National Historic Facility constructed in the natural woodland environment during the 1930's. As a result, the site is subject to Historical codes and does not,and cannot, meet current building and accessibility standards, including the Americans with Disabilities Act. In addition, much of the site is in its natural condition, including dense forest, streams, rocks and steep slopes. Finally, Participant understands that the Mendocino Woodlands Camps are in a remote location more than an hour's drive away from the nearest medical facility.
2. Minors Participating.
Parents or guardians of minors attending Camps understand and agree that CMAI has no responsibility to supervise campers. Participant acknowledges that any children accompanying Participant are the sole responsibility of Participant. If Participant is escorting a child who is not a child of Participant then Participant must provide CMAI with a copy of this Release signed by the child's parent or guardian. The CMAI camp directors have the right to request that any minor leave the event if the camp directors determine that the child is not adequately supervised to ensure the minor's safety. Those signing for a minor acknowledge and agree that camp directors are not, however, required to determine whether a child is adequately supervised and neither the camp directors nor CMAI shall be liable for any failure to require greater supervision or that the minor leave the Camp.
3. Infirm.
Participant acknowledges that the Mendocino Woodlands facilities are not designed for easy access and that the infirm, of any age, may have difficulty negotiating trails and stairs at the facility. The CMAI camp directors may, but are not required to, provide assistance for infirm attendees. Participant acknowledges, however, that if Participant is, or becomes, infirm and the camp directors determine, in their sole discretion, that the Participant is at excessive risk of injury that cannot reasonably be mitigated, the camp directors have the right to request that the Participant leave the event.
4. Assumption of Risk.
Participant accepts and understands the risks of attending CMAI events at the Mendocino Woodlands and he, sheor they hereby agree on behalf of themselves and any minors listed on this Release, toassume the full risk of any injury, harm, damage, or death and any legal responsibility that may occur to Participant or any of Participant's family members, resulting from the inherent risks associated and present at the Mendocino Woodlands facilitiesincluding, but not limited to, the risks of death, bodily injury, property damage, falls, collisions with vehicles, or stationary objects, fire or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person.
5. Insurance.
The Participantis solely responsible, in Participant's sole discretion, for carrying health and life insurance coverage on his or herself and all of Participant's family members attending the CMAI event. Participant acknowledges that neither CMAI nor MWCA carries any insurance on any participants in the CMAI events at the Mendocino Woodlands.
6. Hold Harmless.
Participant agrees to indemnify and hold CMAI, the Mendocino Woodlands Camp Association and all of their successors, assigns, subsidiaries, affiliates, officers, directors, employees, and agents completely harmless and release them from all liability whatsoever and agrees not to sue them on account of or in connection with any claims, causes of action, injuries, damages, cost or expenses arising out of their use of or presence upon Mendocino Woodlands property and facilities at CMAI Camps, including without limitation, those based on death, bodily injury, property damage, including consequential damages, except if the damages are caused by the direct, willful and wanton negligence of the CMAI.
7.Rules and Regulations.
Participant agrees to abide by all of CMAI’s rules and regulations.
8. Applicable Law.
This contract shall be enforced and interpreted under the laws of California. Should any clause be in conflict with State Law, that clause is void and all other provisions shall remain in force.
Minors:
Parent(s) or guardian(s) of minors who intend to attend a CMAI camp at Mendocino Woodlands must read the above waiver and consent to its terms on his, her or their behalf.
