BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

In consideration for my presence at the real property and improvements thereon located at the street address 67317 State Route 70, Blairsden, CA 96103, as well as my presence at any and all other property(ies) owned by Everstoke, LLC, a California limited liability company, Aaron Barquist, and/or Brian Kennedy (collectively, “Everstoke”), and/or my participation in activities such as, but not limited to, mountain biking, hiking, camping, dirt biking, backcountry skiing, snowmobiling, disc golf, ziplining, dancing, partying, driving motor vehicles (including ATVs), as well as observing or being near such activities (collectively the “Activity” or “Activities”), which may or may not be organized by, put on by, hosted by, or sponsored by Everstoke, and which are not necessarily condoned by Everstoke, but may nonetheless occur at the property, I HEREBY VOLUNTARILY AGREE to the following: 

“Agreement” means this “Release of Liability, Waiver of Claims, Warning, Assumption of Risk, Indemnity, and Consent to Medical Treatment/Transport Agreement.”
“Minor” or “Minor Participant” means the minor(s) participant(s) named below, if applicable.
“Releasors” means all participants signing this Agreement, as well as all participants on behalf of whom any signatory below is signing this Agreement, including, without limitation, Minor Participants.

By signing below, I EXPRESSLY AGREE TO ACCEPT ALL DANGERS AND RISKS ASSOCIATED WITH THE ACTIVITIES AND BEING AT THE PROPERTY, including those risks that are not expressly listed in this Agreement, and including those risks that are both known and unknown to me, whether or not they are inherent risks. RECOGNIZING AND ACCEPTING THE RISKS, I VOLUNTARILY CHOOSE TO BE AT THE PROPERTY AND/OR PARTICIPATE IN THE ACTIVITY(IES). I EXPRESSLY ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH associated with my or a Releasors participation in the Activities.

I AGREE THAT EVERSTOKE MAY CALL FOR MEDICAL CARE FOR ME AND MAY TRANSPORT ME TO A MEDICAL FACILITY OR HOSPITAL, AND I CONSENT TO EVERSTOKE PROVIDING ME WITH EMERGENCY CARE, IF, IN EVERSTOKE’S SOLE OPINION, MEDICAL ATTENTION IS NEEDED. IN SUCH AN EVENT, I AGREE TO PAY ALL COSTS ASSOCIATED WITH SUCH MEDICAL CARE AND/OR TRANSPORTATION. I UNDERSTAND AND AGREE that Everstoke does not always have a representative at the property and that the activities may often be unsupervised, and that Everstoke has no duty to provide care or to call for help or other medical assistance if I am injured. 

In consideration for Everstoke allowing me to be at the property and/or participate in the Activities, and with knowledge of the risks and dangers involved, I, on my own behalf and on behalf of all Releasors, AGREE to: (1) ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH to me while engaged in, or as a result of participating in, the Activities; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIM, OR FILE ANY ACTIONS against Everstoke, and any of their owners, operators, affiliates, members, managers, employees, contractors, volunteers, staff, agents, and representatives and other personnel, carriers, and insurers (collectively, the “Released Parties”) that are based on, arise or result from, in whole or in part, participation in the Activities, presence at Everstoke’s property, and, without limitation, claims arising out of or resulting from ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF ANY STATUTORY DUTY, where legally permissible, BREACH OF CONTRACT, OR BREACH OF WARRANTY by any of the Released Parties; (3) HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASED PARTIES from and against any and all claims, demands, actions, causes of action, losses, or liabilities whatsoever arising from or related to any Activity, and any loss, damage, or injury, including death, that may be sustained by me, or caused to others or their property by me, or brought by me.

I AGREE to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an investigation, claim, and/or suit brought on my behalf as a result of my presence at the property or participation in the Activities.

I UNDERSTAND AND AGREE that by accepting this Agreement on behalf of any person other than myself, I am representing and warranting that I am legally authorized to execute this Agreement as either the parent or legal guardian of that person and/or Minor Participant(s), or that I have been given the express authority and permission from that other person to accept the terms and conditions of this Agreement on each of their behalf, and I FURTHER UNDERSTAND that by doing so I AGREE to PERSONALLY INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties from and against any and all claims brought by or on behalf of the Minor Participant(s), or any person on whose behalf I have executed this Agreement, should they refuse to accept or carry out the terms and conditions of this Agreement. 

This Agreement contains the entire agreement concerning the subject matter of this Agreement and supersedes any prior written and/or oral agreements. The provisions of this Agreement may cannot be waived, altered, amended, modified, revoked, or terminated, in whole or in part, without a subsequent written agreement specifically referring to this Agreement and signed by all parties. This Agreement shall stay in full force and effect until revoked, and this Agreement will inure to the benefit of and be binding on my heirs, personal representatives, assigns, and other successors in interest.

This Agreement shall be construed, interpreted, and enforced in accordance with, and governed by, the laws of the State of California, except that this Agreement will not be construed in favor of or against either party, but in a manner that is fair to all parties, and without regard to conflicts of law principles. I further agree that any mediation, arbitration, lawsuit, or other proceeding filed to enforce this Agreement, or arising out of the subject matter of this Agreement, shall be instituted and maintained only in the State of California, County of Plumas. If any such action is removed to federal court for any reason, jurisdiction and venue shall be in the United States District Court for the Eastern District of California in Sacramento, California. I VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING FROM OR RELATED TO ANY ACTIVITY, INCLUDING FOR INJURY TO PERSON OR PROPERTY AND/OR DEATH.

If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms shall remain in full force and effect, and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

By signing this Agreement, I, UNDER PENALTY OF FRAUD, REPRESENT that I am at least 18 years of age, or that I am under 18 years of age and expressly authorize my parent and/or guardian to execute this Agreement on my behalf, and that I am mentally sound and have capacity to enter in this Agreement, and that I enter into this Agreement of my own free will and accord, voluntarily, without coercion, duress, or undue influence from any source.

Participants under the age of 18 years are required to have a parent or legal guardian read and sign this Agreement.

I ACKNOWLEDGE that I have had an opportunity to review this Agreement with independent legal counsel and have exercised that right to the extent deemed necessary. I FURTHER ACKNOWLEDGE that I enter into this Agreement of my own free will and accord, voluntarily, without coercion, duress, or undue influence from any source. Therefore, I AGREE to be bound by the terms of this Agreement. This Agreement shall be binding to the fullest extent permitted by law and shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives.