Kennolyn Events Assumption of Risk, Release of Claims and Hold Harmless Agreement
READ CAREFULLY: THIS DOCUMENT AFFECTS YOUR IMPORTANT LEGAL RIGHTS
Please list your name on the top line. Below that, add the names and ages of your legal children or minors for whom you act as Legal Guardian who are attending the event and who will be under the age of 18 as of the date of the event.
This agreement is between the above-mentioned individuals all referred to hereafter jointly and severally as "Participant" and Kennolyn Conference Center Inc. (dba Kennolyn Events,) Kennolyn Camps, Kennolyn Events LLC, Stone Creek Village Inc, Hilltop Hacienda Inc and Soquel Ranch Inc its officers, agents, representatives, and employees (collectively referred to hereafter as "Kennolyn”.) This agreement is signed in consideration of participants being permitted to attend an event at Kennolyn and participate in the activities offered as part of the event. IF YOUR EVENT HOST HAS CONTRACTED FOR USE OF THE POOL, ALL CLAUSES AND INTENTS OF THIS AGREEMENT APPLY WITHOUT LIMITATION TO YOUR USE OF THE POOL AND THE AREA WITHIN THE POOL GATES AND FENCE. IT IS UNDERSTOOD THAT USE OF THE POOL WITH OR WITHOUT A LIFEGUARD PRESENT IS DANGEROUS. AS LISTED BELOW, ACTIVITES INCLUDING USE OF THE POOL CARRY SIGNIFICANT RISKS. IT IS ASSUMED BY KENNOLYN THAT YOU WILL MAKE YOUR OWN INSPECTION OF THE POOL FACILITY AND, SHOULD YOU DECIDE TO PARTICIPATE IN THE ACTIVITY, YOU ARE ACCEPTING ALL RISKS AND DANGERS OF POOL USE.
Assumption of Risk. Participant voluntarily assumes any and all risks in any way related to their participation in the Event. Participant is a voluntary participant in this Event. Participant understands and agrees that the Event and any related activities may be dangerous, and that neither the Event host nor Kennolyn can guarantee the Participant’s safety.
Any activities in which Participant may take part, whether as a component of the Event or separate from it, have been undertaken with Participant's understanding and assumption of any and all risks involved. The specific risks vary from one activity to another, but they may range from minor injuries (e.g., cuts, bruises or sprains) to catastrophic injuries (e.g., paralysis and death). Participant understands that injuries or outcomes may arise from their own or others’ actions, inaction, or negligence; conditions related to any travel or other aspects of participation in the Event; or the condition of the location or premises where the Event is taking place.
Participant understands they may face unique risks when the Event involves travel, and acknowledges that it is Participant’s responsibility to take every precaution to safeguard Participant’s health, safety and security, and the safety and security of their personal belongings and premises.
Participant assumes all related risks whether or not listed above, in relation to their participation in the Event, including travel to, from and during the Event.
Physical Condition and Insurance. Participant attests that Participant is physically and mentally capable of participating in the Event, and has no known health or other restrictions that might jeopardize Participant’s safety or health or the safety or health of others during their participation in the Event.
Participant hereby acknowledges that Kennolyn does not provide emergency or medical services and that such services may be limited by the location of the event. If Kennolyn learns that Participant is experiencing serious health problems or has suffered an injury, or is otherwise in a situation that raises significant health and safety concerns, Kennolyn may contact other attendees of the event with personal information and may share Participant’s personal information and documents (including health information) with third parties (such as 911) in furtherance of protecting Participant’s health, safety or security.
Participant agrees to be solely responsible for payment in full of all costs of medical or emergency care they may receive, including without limitation emergency evacuation services.
Waiver and Release of Claims. In consideration of being allowed to attend this Event, Participant agrees to and hereby does, for Participant and on behalf of Participant’s heirs, executors, administrators, employers, agents, representatives, insurers, and attorneys, release and discharge Kennolyn of and from any and all claims which may arise from any cause whatsoever, including claims arising from any negligent act or omission by Kennolyn in any way related to participation in the Event. Participant further releases and discharges Kennolyn from liability for any accident, illness, injury, loss or damage to personal property, or any other consequences or claims or expenses of any kind whatsoever, arising or resulting directly, indirectly or incidentally from Participant's attendance at the Event or participation in activities which may be offered or in any way related thereto.
THIS WAIVER AND RELEASE OF CLAIMS IS INTENDED TO BE CONSTRUED AS BROADLY AS POSSIBLE AND IS INTENDED TO WAIVE AND RELEASE PARTICIPANT’S CLAIMS OR LAWSUITS OF EVERY KIND AND NATURE RELATED OR INCIDENTAL TO PARTICIPANT’S ATTENDANCE AT THE EVENT.
Assumption of Risk, Release of Claims and Hold Harmless Agreement
READ CAREFULLY: THIS AFFECTS YOUR IMPORTANT LEGAL RIGHTS
Indemnification and Hold Harmless. Participant hereby agrees to indemnify, defend, and hold harmless Kennolyn from any and all claims of injury, loss, damages or liability whatsoever including reasonable attorneys' fees and/or any other associated costs, that may arise as a result of Participant’s attendance at the Event. If Kennolyn incurs any of these types of expenses, Participant agrees to reimburse Kennolyn.
Participant agrees that if they voluntarily end their attendance at the event prior to the end of scheduled activities, no refunds, reimbursements, or future credits are awarded. If and to the extent Participant may cause or sustain personal injury or other damage to themselves or others, or damage or loss to their own or others’ property, Participant understands that Kennolyn will not be held responsible regardless of cause or fault.
Photo and Video Release- We often work with any professional photographers or videographers hired by the event host or organizer to use images of events to promote their work and our venue. We always do this with the permission of the vendor. You agree that we can use photos or video that may include your image, without compensation. This includes permission to post on our website, social media, and sites we collaborate with such as Theknot.com, Weddingwire.com, and other outlets.
Participant understands and agrees to abide by applicable laws, rules, regulations and public orders of the country, state or province, including the Centers for Disease Control and Prevention, and by all Kennolyn guidance and policies, rules, and regulations applicable to the Event, including without limitation Kennolyn’s policies in the context of the Covid-19 pandemic.
Governing Law and Venue. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. The parties agree to submit to jurisdiction and venue in the State Courts of Santa Cruz County, California.
Construction and Scope of Agreement. This Agreement is the only, sole, entire, and complete agreement of the parties relating in any way to the subject matter hereof.
No statements, promises, or representations have been made by any party to any other, or relied upon, and no consideration has been offered or promised, other than as may be expressly provided herein. This Assumption of Risk, Release of Claims, Indemnification, and Hold Harmless and Agreement supersedes any earlier written or oral understandings or agreements between the parties. If any provision of this Agreement is held invalid, the invalidity shall not affect its other provisions.
Participant acknowledges that they have read this Assumption of Risk, Release of Claims and Hold Harmless Agreement, understands its meaning and effect, and agrees to be bound by its terms.