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WAFA - Shepherds Trail Waiver

SHEPHERD’S TRAIL

(Land Owner)

WAIVER AND GENERAL RELEASE OF LIABILITY

Shepherd’s Trail Retreat Center is a Catholic Retreat Center and Campgrounds located on a 90-acre ranch in Jamul, California (referred to in its entirety as the “Center”) run by the Shepherd’s Trial Foundation (the “Foundation”). We ask all visitors, guests, volunteers and users of the Center, or their parents if they are minors, to sign this Waiver and General Release of Liability (“Agreement”). By signing this Agreement, you are waiving and generally releasing all present and future claims against the Center and Foundation and its associated persons and entities (collectively, “Shepherd’s Trail”), except for claims arising out of the gross negligence or intentional misconduct of Shepherd.

Definitions:
1. Any reference to “Shepherd’s Trail” shall include the Center and Foundation, and each of their “Associated Persons and Entities.” The phrase “Associated Persons and Entities” includes, but is not limited to, to present and former officers, directors, shareholders, partners, members, employees, agents, volunteers, representatives, accountants, attorneys, heirs, assigns, insurance carriers, trustees, beneficiaries, executors, administrators, heirs, predecessors-in-interest, successors-in-interest, affiliated entities, contractors, subcontractors, material suppliers, and professionals.
2. “Claims” shall include all claims, rights, demands, damages, liabilities, and causes of action (whether asserted, unasserted, unknown, contingent, accrued or otherwise).
3. “Costs” shall include all costs, losses, expenses, attorneys’ fees, expert witness fees and other fees, interest, and all other obligations.
Types of Activities. I understand that the activities engaged in at the Center include, but are not limited to, camping outdoors, swimming, hiking, athletics, gathering around a bonfire, gardening, and, on specifically designated retreats, hunting.
Inherently Risky Activities. I understand that activities that I and/or others intend to engage in at the Center will involve risks including, but not limited to, risk of bodily injury and/or property damage. I therefore represent as follows: (i) I have consulted my physician with respect to my physical condition and will conduct myself at the Center in accordance with guidance provided by my physician; (ii) I understand that activities at the Center may not be monitored and that I am responsible for obtaining supervision and/or medical care on an asneeded basis; (iii) I understand that engaging in the types of activities identified above is dangerous, and that participating in such activities can cause personal injury (even where all the Center’s grounds and facilities are well maintained and not defective), and the Center may possess or develop defects of which Shepherd’s Trail is unaware; and (iv) I will be responsible for my personal property while at the Center at all times and understand that Shepherd’s Trail provides no security or monitoring services of any kind within its property.
Use of Firearms and Hunting Equipment. I acknowledge that during retreats which specifically allow hunting and/or the use of firearms, other persons at the Center may have firearms and other hunting equipment, and that such equipment is inherently dangerous is not properly maintained and handled. I accept the risks related to my own use of such equipment, and related to the presence of other individuals using such equipment at the Center. I expressly acknowledge that Shepherd’s Trail is in no way responsible or liable for the acts or omissions by any third party at or around the Center.
General Release and Waiver. On behalf of myself and my Associated Persons and Entities, in consideration of my voluntary use of the Center, I hereby assume all risks which could arise by my presence and activities at the Center. I waive all present and future Claims and Costs against Shepherd’s Trail, and I generally release and hold harmless Shepherd’s Trail from all present and future Claims and Costs arising out of or related in any way to my presence on or about or use of the Center, or participation in activities or programs, excepting only such Claims and Costs arising solely and exclusively from Shepherd’s Trail’s gross negligence, or knowing and intentional unlawful conduct, to the maximum extent allowed by law.
Waiver of Civil Code Section 1542. I acknowledge that the above General Release and Waiver includes Claims and Costs which I do not know or suspect to exist, and I waive all rights which may exist under California Civil Code Section 1542 which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Photo Release. I grant Shepherd’s Trail permission to use my name, likeness, photograph and voice for all purposes, and without compensation to me or my Associated Persons and Entities.
8. This agreement shall be interpreted, enforced and governed by the laws of the State of California.

I HAVE CAREFULLY READ THIS AGREEMENT. I AM AWARE THAT THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY WITH RESPECT TO POTENTIAL INJURIES AND DAMAGES.

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Signed by Josh Jackson
Signed On: May 30, 2019

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May 30, 2019 10:03 am PST

WAFA - Shepherds Trail Waiver Uploaded by Josh Jackson - info@wildlead.com IP 104.51.36.130