In consideration for being allowed admission, entrance, access over and to, participation in a tour, excursion, event, exploration or any authorized or unauthorized activity whether scheduled or unscheduled or any other similar or dissimilar activity, I hereby agree as follows:
1. I am fully aware of the risks involved and hazards connected with any activities at the Cerro Gordo Mines and Ghost Town site and surrounding area (the “Property”), including access by foot and/or use of any motorized or non-motorized vehicle or equestrian transportation for access to the Property or for off-highway driving or hiking. Potential hazards while at the Property navigating uneven roads and paths, slippery surfaces, low headroom, old buildings, and various other environments; tripping, falling, cuts, scrapes, bruises, and other incidents; damage to clothing, footwear, and other personal effect and/or vehicles; and serious personal injury and/or death. I hereby elect to voluntarily participate with full knowledge that any activity, exploration, off-highway driving, hiking, access, or similar or dissimilar activities at the Property may be hazardous to me and my property. I recognize and agree that these risks and dangers may arise from foreseeable or unforeseeable causes including high elevation, anxieties and fears associated with heights, encounters with plants, insects or animal or minerals, contact with other visitors. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activity, whether caused by negligence of the Releasees or otherwise.
2. I, on behalf of myself, my personal representatives and my heirs, assigns and personal representative, if I am deceased, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, covenant not to sue, and indemnify the Cerro Gordo Historical Foundation, a California Public Benefit Corporation and the Patterson Property Trust, the Friends of Cerro Gordo, and all their related trustees, managers, beneficiaries, entities, their officers, agents, servants, volunteers, employees and assigns (the “Releasees”) from any and all liability, claims, demands, actions, and causes of actions whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence or other conduct of the Releasees, or otherwise, while participating in any activity at the Property whatsoever, or while in, on or upon the Property or the premises. I further hereby agree to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including court costs and attorney fees, that they may incur due to my access, admission, participation in any event activity, or any other activity at the Property whether caused by negligence of the Releasees or otherwise. I also agree that this Waiver and Hold Harmless Agreement is valid in perpetuity and it will apply at any point in the future when I enter the PROPERTY of Cerro Gordo.
3. This Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of California. I FURTHER EXPRESSLY AGREE THAT THE FOREGOING IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW, AND THAT IF ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT. I agree that, should any claim or action arise from my participation as described herein, including any issue as to the applicability of this Waiver or any provision contained within it, proper jurisdiction and venue will lie only in Kern County, California and I waive jurisdiction and venue anywhere else.
4. I AGREE that if anyone associated with the Cerro Gordo Mines or Property, including its management, caretaker or site volunteers, believes that my behavior or conduct is inappropriate or unsafe, they have the right to ask me to leave with no reimbursement of any kind.
5. CAUTION: Mines in the Cerro Gordo Town Site and surrounding Property areas are extremely hazardous and must not be approached for any reason. Exploring mines may put you and others into a dangerous and life threatening situation. Many vertical shafts exist that you may fall into. Mine areas may have unstable ground or sharp objects embedded in the soil. Some mines are on private property and exploring these mines is trespassing. I ASSUME all risks associated with backcountry travel, including rock slides. I AGREE that I may be charged for any rescue, if available, within or beyond the normal boundaries of Cerro Gordo.
6. I understand that the Property may take photographs or electronic recordings of the Town and any visitors. I hereby agree that all photographs or other images obtained in any manner by the Property, its agents, employees, officers, volunteers or associates, are the property of the Property or the individual photographer, and the Property reserves the right to use these images for any commercial or business purposes. I hereby waive all rights to said images and release, remise and forever discharge, the Property and the Releasees from any and all demands, actions, causes of action, suits, damages, costs, and any other claims that may arise regarding said images or their use. Photographs taken by visitors may not be taken or used for any commercial purposes without the full written consent of Property and/or management.
7. The Property and surrounding areas are deemed a NON SMOKING area. Campfires and other outdoor fires are not allowed at any time.
8. Pets are permitted in developed areas but not inside Property buildings. Pets must be under your physical control at all times. Please keep your pet leashed for their safety, as well as the safety of other guests and their pets. There may be insects, wild animals or snakes, so please do not allow your pet near wild animals or their dens or burrows. Do not leave pets unattended or in vehicles; heat kills quickly, and pets are especially vulnerable to predators if left alone. Please clean up after your pet.
I HAVE READ THE ABOVE WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT AND BY SIGNING IT I AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE THE PROPERTY AND THE RELEASEES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE, FULLY UNDERSTAND THE TERMS OF THIS RELEASE, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT AND WITHOUT RELIANCE ON ANY ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS.