forageSF Class Liability Release (Waiver)
, the undersigned, understand that during my participation in this forageSF Outing I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in each Outing. These inherent risks include, but are not limited to, the dangers of serious personal injury, sickness from ingested plants or fungi, property damage, and death (“Injuries and Damages”) from exposure to the hazards of travel. I know that Injuries and Damages can occur by natural causes or activities of other persons, animals, trip members, trip leaders and assistants or third parties, either as a result of negligence or because of other reasons. I understand that risks of such Injuries and Damages are involved in forageSF outings, and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. In consideration for my acceptance as a participant on this Outing, I confirm my understanding that:
1. This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
2. The consumption of wild non-cultivated food carries with it some inherent risks. Reactions to wild edibles vary, and I acknowledge that forageSF, its owners, employees, agents, and leaders, will not be held liable in the event that a reaction occurs. Further, I agree that forageSF, its owners, employees, agents, and leaders, are not liable for any future reactions from ingesting species of plants or fungi that were introduced on this outing.
Despite the foregoing risks and all other risks, and TO THE FULLEST EXTENT ALLOWED BY LAW, I AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY OR DEATH which might be associated with or arise out of my participation in this forageSF Outing. In consideration for being permitted to participate this outing, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE forageSF, its owners, employees, agents, and leaders,, and all of their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, any land owners for which events take place, and employees (forageSF), for injury or death resulting from my participation or my child’s participation in the outing, regardless of the cause, including the alleged NEGLIGENCE of the Participating Areas.
I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE PARTICIPATING AREAS for any claims, lawsuits, damages, attorney fees, costs, or judgments arising out of my participation in the outing.
I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply whenever I participate in the sport or use the facilities at the Participating Areas. I understand that this RELEASE OF LIABILITY will prevent me, my child, or my heirs from filing suit or making any claim for damages in the event of injury or death from my participation in the outing. I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS forageSF, its owners, employees or agents, or any land owner for which events take place, for any damages, attorney’s fees, or costs arising out of such a claim or a lawsuit.
With a full understanding of this agreement, I nevertheless enter into it freely and voluntarily and agree that it is binding upon me, my child, my heirs, assigns, my legal representatives, and the user of the pass.
I AGREE to abide by all applicable county ordinances, state and federal laws
If any provision of this Agreement is held invalid, I agree that the balance of the agreement will be held in full force and effect and will be valid and enforceable. I also agree that if any suit is filed arising out of the use of the Pass, it will be filed in a court of competent jurisdiction in the State of California. Any disputes will be subject to and determined under the laws of the State of California.
WITH ALL OF THE ABOVE FULLY UNDERSTOOD, I enter into this agreement freely and voluntarily.
I have read this document in its entirety and I freely and voluntarily assume all risks of such Injuries and Damages and notwithstanding such risks, I agree to participate in the Outing.
By buying tickets for others I agree to advise them of this release and their agreement to its terms.
If you are a minor (under age 18), your parent or legal guardian must agree to this Agreement on your behalf.
By purchasing a ticket I agree and consent to the foregoing Agreement on myself, accompanying persons, and minors in my care.