RELEASE AND INDEMNITY
In exchange for being permitted to participate in this event undertaken by SAGA SKI CLUB, a California corporation, d/b/a Saga Men’s Ski and Snowboard Club (“SAGA”):
THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE SAGA, ITS HOSTS OR SPONSORS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CO-PARTICIPANTS OF SAGA EVENTS (THE “RELEASEES”) FROM ALL LIABILITY TO THE UNDERSIGNED FOR ANY LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY, INCLUDING INJURY RESULTING IN DEATH OF THE UNDERSIGNED, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, WHEN THE UNDERSIGNED IS PARTICIPATING IN SAGA ACTIVITIES OR EVENTS. THIS INCLUDES WITHOUT LIMITATION SLIPPING AND FALLING DUE TO DANGEROUS CONDITIONS ENCOUNTERED DURING SAGA ACTIVITIES, IMPROPER MAINTENANCE OF THE PREMISES OR EQUIPMENT, INADEQUATE SECURITY AND/OR INADEQUATE SUPERVISION.
I hereby waive any and all rights which I may have under the provisions of Section 1542 of the Civil Code of the State of California, which Section provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR.”
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 undersigned’s participation in SAGA events or activities.
I hereby certify to SAGA that all participants are twenty-one (21) years of age or older. This Release and Indemnity shall bind the heirs, executors and assigns of the undersigned.
The undersigned consents to SAGA’s use in perpetuity of any photographs, pictures, film or videotape taken of the undersigned at any SAGA event, which images may be used as SAGA deems appropriate, including without limitation use on its website and in its newsletters. The undersigned expressly waives any right of privacy, compensation, copyright or other ownership right connected to same.
I HAVE CAREFULLY READ THIS RELEASE AND UNDERSTAND ITS TERMS