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ACCIDENT AND INJURY WAIVER AND RELEASE FROM LIABILITY (AIWRL AGREEMENT) FOR THE BENEFIT OF MARIN OUTDOOR ADVENTURES, LLC (MOA), AND ITS AGENT NICKI CLARK HARROSH (NICKI)

DEFINITIONS

a. The term “the Releasees”” shall refer collectively to Marin Outdoor Adventure [s], LLC (MOA), its agentNicki Clark Harrosh (Nicki) and all employees, agents, independent contractors, subcontractors, guides, representatives, successors, assigns, volunteers, helpers, sponsors, promoters, and advertisers for either MOA or Nicki.

b. The terms “MOA activities ”, “MOA services”, “MOA trip”” shall refer to and include all activities, events, services, or use of facilities provided, arranged, organized or conducted by the Releasees, including, but not limited to the following: mountain biking, hiking and/or wildlife touring, surfing, stand up paddling, ocean kayaking, swimming, outdoor fitness classes, mindfulness and meditation classes, and includes the following specific activities for which the client has signed up: all transportation (whether before, during or after the MOA activities) by motor vehicle, ferryboat, train, use of roads and trails, and all other activities, events, actions or omissions, and services in any way connected with or related to those activities.

ASSUMPTION OF RISK, WAIVER AND RELEASE

I understand and agree that the MOA activities and MOA trip organized for me, are or could be considered an extreme test of my physical and mental limits and there is the possibility that I may suffer property loss, serious injury or even death. This could be caused by the terrain, facilities, the equipment, water conditions ( including pollution, temperature, currents and waves), weather, the condition of my equipment, lack of hydration, traffic on the roads, trails and other means of transportation and/or any other unexpected event. This risk could be caused partially or wholly by me or by the actions of other people including but not limited to the Releasees, or other participants, volunteers, bystanders or third parties. I HEREBY FREELY AND VOLUNTARILY ASSUME ALL RISKS OF PARTICIPATING IN THESE MOA ACTIVITIES.

I certify that I am physically fit, and have trained and prepared to participate in these MOA activities. I have not been advised not to participate by a qualified medical person. I understand that this Accident and Injury Waiver and Release of Liability Agreement will be relied upon by MOA, Nicki Clark Harrosh, and everyone involved in the MOA activities, and that it will govern my actions and responsibilities before, during and after such activities. For permitting me to participate in these activities, I agree and in doing so bind my executors, administrators, heirs, next of kin, successors and assigns, to: (A) irrevocably and forever waive, release and discharge, MOA, NICKI CLARK HARROSH, all other RELEASEES, from any and all claims and liability for my death, disability, personal injury, property damage, property theft or actions of any kind, nature or description which may happen to me while participating in such activities or while traveling to or from the activities, and (B) indemnify, defend and hold harmless the individuals and entities mentioned in this paragraph from any and all liabilities or claims made by myself and/or any other persons, individuals or entities relating to any of my actions or omissions during the MOA trip and these MOA activities. 

I hereby consent to receive medical treatment which may be deemed advisable in the event of accident, injury and/or illness to me during these MOA activities.

This Waiver and Release Agreement incorporates any and all terms and conditions agreed to by the parties, and I affirm that there are no other terms, including without limitation any representations or warranties by the RELEASEES; this Agreement shall be interpreted broadly to constitute a release, waiver and indemnification to the maximum extent permissible under California law, which shall govern. In that connection, I VOLUNTARILY ASSUME ALL RISKS KNOWN AND UNKNOWN, OF INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT OF THE LAW.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND AND ACCEPT ITS BINDING

CONTENTS. I AM AWARE THAT THIS IS A WAIVER OF RIGHTS AND A RELEASE OF LIABILITY AND IS A CONTRACT BETWEEN MYSELF, MOA AND ITS AGENT NICKI CLARK HARROSH, AND I SIGN OF MY OWN FREE WILL. 

If applicant is under 18 years of age, a parent or guardian must execute the following waiver on the participant’s behalf.  

PARENT GUARDIAN WAIVER FOR MINORS 

The undersigned parent and natural guardian or legal guardian does hereby represent and sign on behalf of the above-described minor that s/he is in fact, acting in such capacity and agrees to defend, save, hold harmless and indemnify each and all of the Releasees and other parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be made against or imposed upon said parties because of any defect in (or lack of) such authorized capacity to so act; and I hereby incorporate by reference and agree to the above Waiver and Release Agreement on behalf of both the aforesaid minor and the undersigned parent or legal guardian. 

March 28, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
Parent or Guardian's Email Address

Email*

Confirm Email*
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The undersigned parent and natural guardian or legal guardian does hereby represent that s/he is in fact, acting in such capacity and agrees to defend, save, hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be made against or imposed upon said parties because of any defect in (or lack of) such authorized capacity to so act, and I hereby incorporate by reference and agree to the above AIWRL Agreement on behalf of both the minor and the undersigned parent or legal guardian.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

List the specific activity for which you're signing up for: *

The Date for the activity for which you are participating. *
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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