WAIVER, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

 

Please read the following terms carefully. By completing your reservation, you are deemed to agree to all terms below.

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1. Acknowledgment and Express Assumption of Risk

I, the undersigned Guest, acknowledge that I am voluntarily attending the event ("Event") hosted by the Activity Host (Client/Host) at the Sunmist Estate property ("Venue").

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1.1 Specific Acknowledgment of Inherent Risks

I understand and acknowledge that Sunmist Estate is an Outdoor Event Venue and is surrounded by Mountains and Natural Environment. I am aware of and assume the Known and Unknown inherent risks that may arise from the Venue's natural environment and my participation in the Event, including but not limited to:

• Natural Environment Risks: Uneven surfaces, rocks, dirt, steep slopes, outdoor sun/heat exposure, sudden weather changes, vehicle risks on unpaved surfaces.

• Wildlife/Pest Risks: Insects, spiders, rodents, bee stings, or contact with any other wildlife.

• Activity Risks: Slipping, falling, injury, or any property damage.​

 

1.2 Released Parties

The Released Parties include Sunmist Estate, the Activity Host (Client/Host), and their respective owners, agents, employees, and representatives.

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2. Waiver and Release of Liability

In consideration of being permitted to enter and use the Venue facilities for the Event, I hereby fully waive, release, and promise not to sue all Released Parties from any and all liability, claims, demands, losses, or damages which I may incur as a result of my presence at the Venue or participation in the Event.

 

This waiver specifically includes all claims arising from the ordinary negligence of the Released Parties, the condition of the Venue, or the Host's policies or lack thereof.

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Exception: This waiver does not cover claims arising from the Released Parties' Gross Negligence or Willful Misconduct, as such liability cannot be waived.

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2.1 Disclaimer for Self-Directed Activities

I explicitly agree that any personal injury, property damage, or accident resulting from my self-directed activities on or around the Venue, including hiking, foraging, or any other unauthorized outdoor exploration, shall not hold Sunmist Estate or the Activity Host liable, and neither shall bear any responsibility.

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3. Indemnity and Hold Harmless

I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, suits, or judgments, including reasonable attorney fees and costs, arising from my own actions, conduct, or use of the facility. This indemnity obligation includes claims brought by third parties (including my family members or heirs) related to my presence at the Venue or my actions during the Event.

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I agree that the Activity Host (Client/Host) is fully responsible for my actions and conduct during the event.

 

4. Miscellaneous Provisions

• Media Release: I understand and agree that Sunmist Estate may use any photographs, videos, or other media taken during the rental period for promotional or marketing purposes, without any compensation to me.

• Venue Rules: I acknowledge that I must adhere to all local laws, regulations, and venue rules, including noise ordinances, alcohol regulations, and prohibitions against firearms and drugs (including marijuana).

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action shall be brought in the courts of Riverside County, California.