Release and Discharge: I hereby release and forever discharge Highline Adventures, its owners, operators, affiliates, and any adjacent property owners granting access to Highline Adventures (collectively, "Highline Adventures Entities"), and each and all of their officers, directors, successors, assigns, agents, servants, employees, independent contractors, and representatives, and all others acting for or on behalf of any one or combination of Highline Adventures Entities (hereinafter collectively "Releasees"), and hold each and all of Releasees harmless from, and waive, all liability, claims, demands, costs, actions, suits, and controversies of whatever kind or nature whatsoever, whether cognizable at law or in equity, which I or my spouse, heirs, legal representatives, successors, or assigns may have or assert against any one or combination of Releasees for any bodily injury or personal injuries, death, or property or economic damage arising from the condition of the Premises or the acts or omissions of any one or combination of Releasees or any person on the Premises, or any implied warranty that the Premises are in suitable condition for their intended use, or any other claimed duty to me, my property, or those under my care.
Medical Treatment Release: I further agree to release and discharge and hold harmless Releasees, and each of them, from, and waive, any and all claims whatsoever on account of any first-aid, treatment, or other service rendered to me related to my presence on the Premises.
Scope of Release: The releases, discharges, and waivers given herein apply whether any such bodily injury, personal injury, death, or property or economic damage is caused, in whole or in part, by negligence, or otherwise, on the part of any one or combination of Releasees, other guests or users of the Premises, other persons or animals, the condition of the Premises, or otherwise.
Indemnification: I further agree to indemnify and hold each of Releasees harmless from all losses, liability, claims, demands, damages, attorneys' fees, and costs that may arise due to any act or failure to act on my part or on the part of any person employed by me, or assisting me at my request, or any other person within my care, custody, or control, whether caused, in whole or in part, by negligence or otherwise. I understand that the care, custody, and control of all property that I bring on the Premises are solely my responsibility 24 hours a day, and I assume full responsibility therefor.
Defense and Payment: Upon request by any one or more of Releasees, Releasor shall, at Releasor's sole cost, expense, and risk, defend any and all suits, actions, or other proceedings brought or instituted against any one or combination of Releasees on any claim or demand or otherwise which is subject to a release, discharge, indemnity, or agreement to hold harmless contained herein. Releasor shall pay and satisfy any judgment, decree, or penalty that may be rendered against any one or combination of Releasees in any and all suits, actions, arbitrations, and other proceedings brought or instituted against any one or combination of Releasees on any claim or demand or otherwise which is subject to a release, discharge, indemnity, waiver, or agreement to hold harmless contained herein.
Reimbursement of Expenses: Releasor shall reimburse Releasees for any and all expenses, including attorneys' fees, incurred by Releasees, and each of them, in connection with any and all suits, actions, arbitrations, and other proceedings brought or instituted against any one or combination of Releasees on any claim or demand or otherwise which is subject to a release, discharge, indemnity, or agreement to hold harmless contained herein. Releasor shall reimburse Releasees for any and all expenses, including attorneys' fees, incurred by Releasees, and each of them, in connection with enforcing this Agreement, whether or not a suit is brought to enforce the same.
Assumption of Risk for Activities: I understand and hereby acknowledge that there is a risk of property and economic damage, personal and bodily injury, and even death while on the Premises or participating in any activity on the Premises, including, but not limited to, riding bikes and hiking. Although I know that such injury, death, and damage is within the range of possibilities, I nevertheless assume the risk of such injury, death, and damage and assume full responsibility therefor. I assume full responsibility for all property and economic damage, personal and bodily injury, and death of all persons assisting me at my request who have not signed this Agreement (although I understand that it is a condition to be permitted on the Premises that each person must first be approved by the appropriate authority and must sign this Agreement), and shall indemnify Releasees should any claim therefor be made against Releasees.
Arbitration Clause: Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Santa Barbara County, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHT TO A JURY TRIAL AND MY RIGHT TO LITIGATE IN COURT.
Intent and Severability: It is my express intention that the terms of this Agreement shall apply regardless of whether any one or combination of Releasees expressly invited rather than merely permitted me to be on the Premises and regardless of whether or not permission to use or be on the Premises was granted to me or to others for a consideration. In executing this Agreement, it is my intention to bind myself and my spouse, heirs, legal representatives, successors, and assigns to all of the terms of this Agreement. I hereby expressly agree that should any portion of this Agreement be held invalid, the balance shall, notwithstanding, continue in full force and effect.
Governing Law and Venue: This Agreement shall be construed and governed by the laws of the State of California. California shall have exclusive jurisdiction with respect to Releasor and the enforcement of the terms of this Agreement. Venue shall lie in the County of Santa Barbara in the event any dispute arises under this Agreement.
