WAIVER OF LIABILITY, RELEASE AND HOLD HARMLESS AGREEMENT
All individuals (each such individual an “Attendee”) attending the Radical Mycology Convergence (the “RMC”), an education-centered gathering and campout held at a farm operated by Brown Bottle Farm, LLC, an Oregon limited liability company (the “Farm”) organized by Radical Mycology, LLC, an Oregon limited liability company (the “RMC Organizer”) at property owned by the George A. Wilson Estate Trust (the “Landowner”), accept the following terms and conditions (the “Release”).
In consideration for being permitted to enter the Farm, camp onsite, and/or use the facilities, services, and programs provided by the Landowner, RMC Organizer, and Farm (collectively the “Released Parties”), Attendees agree as follows:
Attendees’ Acknowledgment. Attendees understand and acknowledge that they have a duty to exercise reasonable care for their own safety, and recognize that there are inherent risks involved in camping onsite at the RMC. Such risks include but are not limited to the potential for serious bodily injury, sickness and disease; exposure to extreme conditions and circumstances; contact with animals or other natural or manmade objects; dangers arising from adverse weather conditions; and other undefined, not readily foreseeable nor presently known risks and dangers.
Release from Liability. ATTENDEES RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES OR THEIR MEMBERS, MANAGERS, OFFICERS, AGENTS, OR EMPLOYEES FROM ANY LOSS, DAMAGE, CLAIM, OR DEMAND, WHATSOEVER, INCLUDING ANY SUCH CLAIMS RELATING TO INJURY OR LOSS TO THE PERSON OR PROPERTY OF ATTENDEES OR RESULTING IN THE DEATH OF ATTENDEES WHILE THE ATTENDEES ARE IN OR UPON THE LANDOWNER’S PROPERTY OR PARTICIPATING IN ANY RMC ACTIVITY.
This release from liability shall not apply to the Released Parties’ acts or omissions to the extent they constitute intentional injury, gross negligence, or willful or wanton disregard for the safety of a Attendee on the part of a Released Party.
Indemnification. Attendees agree to INDEMNIFY AND HOLD HARMLESS the Released Parties and their members, managers, directors, officers, agents, and employees from any loss, liability, damage, or cost Attendees, their minor children, or their adult guests may incur at Landowner’s property or while participating in any RMC activity, including, but not limited to, any and all damages, loss, theft or destruction of any personal property or vehicle or any damages attributable in any way to the Landowner’s property , the RMC Organizers, and the RMC activities.
Assumption of Risk. Neither the Released Parties nor their members, managers, directors, officers, employees, agents, or insurers shall be responsible to Attendees for any loss, damage, or claim related to any actual or alleged premises liability or inherently dangerous activity, unless caused by Released Parties intentional misconduct, gross negligence, or the willful or wanton disregard for the safety of an Attendee on the part of a Released Party. Attendees assume all liability or responsibility for any acts of any third person, including other Attendees, the Landowner, or guests of the Farm or the RMC Organizer.
Minors and Guests. Each Attendee intends to be legally bound by this Release as well as to bind each and every minor or adult guest attending the RMC with such Attendee.
Arbitration. Any dispute, controversy, or claim arising out of or relating to this Release will be settled by arbitration. Unless the parties otherwise agree, the arbitration will be administered by Arbitration Services of Portland, Inc. Judgment on the award rendered by the arbitrator may be entered in the circuit court in the county in which the arbitration occurs, and the resolution of the disputed matter as determined by the arbitrator will be binding on the parties. Any arbitration will be conducted in Portland, Oregon.
Miscellaneous: This Release constitutes the sole and entire agreement between the Released Parties and Attendees with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these terms, or invalidate or render unenforceable such term or provision in any other jurisdiction. All matters arising out of or relating to these terms shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction). Any action or proceeding seeking to enforce any provision of these terms or based on any right arising out of this Release must be brought against any of the parties in Multnomah County Circuit Court of the State of Oregon or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and each of the parties consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.
Under Oregon law, there is no liability for an injury to or the death of a participant in an agritourism activity conducted at this agritourism location if the injury or death results from the inherent risks of the agritourism activity. Inherent risks of agri-tourism activities are risks of injury inherent to land, equipment and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agri-tourism activity.
BY ATTENDING THE RMC, ATTENDEES REPRESENT THEY ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE, THAT THEY HAVE ACCEPTED THIS RELEASE WILLINGLY AND THEY ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES AND THE RMC ORGANIZER. IN THE CASE OF THEIR MINOR CHILDREN, ATTENDEES ARE ACTING IN A REPRESENTATIVE CAPACITY AS THEIR PARENT OR GUARDIAN AND ATTENDEES HAVE COMMUNICATED TO THEIR GUESTS AND MINOR CHILDREN THESE TERMS AND CONDITIONS.