Lake Nacimiento Poker Run
WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
IN CONSIDERATION for being permitted to participate in the Lake Nacimiento Poker
Run, sponsored by Heritage Ranch Owners Association.
THE UNDERSIGNED PARTICIPANTS:
1. HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE
Heritage Ranch Owners Association, Lake Nacimiento Resort, and County of Monterey,
its officers and members, along with any other sponsors and all of its holdings,and
owners and lessees of premises used to conduct the event and each of them, their
officers and employees, the dealers, officers, directors, management, officials and
volunteers assisting in the event, the sanctioning organization or any subdivision
thereof, grounds operators, grounds owner, officials, promoters, sponsors, advertisers
all for the purpose herein referred to as “releases,” from all liability to the undersigned,
their personal representatives, assigns, heirs, and next of kin for any and all loss or
damage, and any claim or demands therefore on account of injury to the person or
property or resulting in death of the undersigned, whether caused by the negligence of
the releases or otherwise while the undersigned is participating in the event;
2. HEREBY AGREE TO DEFEND, INDEMNIFY AND SAVE AND HOLD HARMLESS
the releases from any claim for or relating to loss, liability, damage, or cost (including
attorney’s fees) they may incur due to the presence of the undersigned participating in
the event and whether caused by the negligence of the releases or otherwise.
3. THE UNDERSIGNED PARTICIPANTS agree that while participating in this event, the
use of alcohol or any substance that affects the ability to operate or control his or her
vehicle or may be considered as hazardous to the health and safety of participants and
spectators is strictly forbidden.
4. THE UNDERSIGNED AGREES that he or she will not use or operate any vehicle in
violation or contravention of any City, County, State or Federal laws, statures,
ordinances or regulation and shall be personally liable for all fines and penalties for
traffic law violations.
5. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY,
DEATH OR PROPERTY DAMAGE OR ANY OTHER DAMAGE that may result from
participation in the event, whether due to the negligence of releasees or otherwise.
EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the foregoing
agreement to defend, release, waiver, and indemnity agreement is intended to be as
broad and inclusive as is permitted by California law and that if any portion thereof is
held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal
force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND
WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, has had the opportunity to
consult with independent counsel, and further agrees that no oral representations,
statements or inducements apart from the foregoing written agreement have been
made.
I understand and accept that in the course of my attendance at and participation in the
Event, Film or Photographs may be taken, or illustration may be made of me and/or my
personal property (including my vehicle). I acknowledge and agree that such
film/photographs and/or illustrations may be used in any medium by Heritage Ranch
Owners Association, Lake Nacimiento Resort, and all its related entities and agencies
for advertising and promotional purposes in any medium, without compensation to me.
Any dispute that may arise out of this agreement is subject to exclusive venue in
Monterey County, California, and shall be construed according to the laws thereof.