Release of Liability Waiver

This Release and Waiver of Liability (referred to as the “Release”) executed by the Visitor in favor of Boulder Gardens LLC. And Clyde Garth Bowles including their partners, directors, officers, employees, contractors, and agents hereinafter referred to as BG LLC and Clyde Garth Bowles. The Visitor (you), hereinafter referred to as Visitors,  freely, voluntarily, and without duress agrees to this Release of Liability under the following terms:

​

​

                In consideration of my being permitted to enter the property I hereby attest that, after reading this form completely and carefully,

I acknowledge that I am entering Clyde Garth Bowles real property and Boulder Gardens LLC Property Mannagment entirely voluntary, and I further understand and agree as follows:

 

ASSUMPTION OF RISKS: I acknowledge that there are inherent risks in the activity of participating in the Boulder Gardens

project. These risks may result in serious injury or death. I understand that the location in which these activities may be

undertaken include but are not limited to a desert environment, rocks along the paths, uneven, slippery and/or decomposed

granite flooring and walkways, falling rocks, slippery grass flooring, loose surfaces on boulders, dry and wet creeks and ponds,

ladders, holes in the ground, old wood structures, decks and stairs that may be slippery or hot, construction areas, woodpiles,

barbed wire, predatory animals, dogs, poisonous snakes, scorpions, tarantulas, black widows, intense heat, dry climate, cactus

thorns, and other natural and man-made, physical and structural conditions. I accept full responsibility for exercising caution

and prudence in such environments. I hereby assume all of the risks including but not limited to, any risks that may arise from

the negligence or carelessness of "Host", their subsidiaries, affiliates, directors, officers, employees, partners, contractors, agents,

representatives, volunteers, successors and assigns and/or from dangerous or defective equipment or property owned,

maintained, operated or controlled by the Host.

I understand that by entering Garth's boulder gardens and Boulder Gardens LLC, It may involve the risk of serious personal

injury, illness, permanent disability, dismemberment, and death, and that such participation may also involve the risk of severe

economic and property loss and damage.

I understand that these risks may result from the actions, negligence and failure to act of myself and others and from the

condition of any property, facilities or equipment used. I also understand that there may be risks involved which are not known

to me or to the Released Parties, and may not be foreseen or reasonably foreseeable by any of us at this time or at the time of

the visit.

Despite knowing these risks, I hereby elect to voluntarily enter and agree to assume all related risks, including without

limitation those enumerated above, and accept personal responsibility for any injury of any kind or nature that I or my property

may suffer arising out of or in connection with my visitation.

 

PHYSICAL CONDITION/MEDICAL AUTHORIZATION: I hereby certify that I am physically fit, and have the skill level in

connection with any injury sustained or illness or medical conditions experienced during my attendance in connection with

entering, I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary. if I am not able to act

on my own behalf. Additionally, I authorize medical treatment for me, at my cost, if the need arises; however, I acknowledge

that the Released Parties shall have no duty, obligation or liability arising out of the provision of, or failure to provide, medical

treatment.

In consideration for permitting me to enter the property, I agree for myself, my executors, administrators, heirs, successors, and

assigns as follows:

 

(A) I WAIVE, RELEASE, AND DISCHARGE the Host from any and all liability, including but not limited to, liability arising

from the negligence of the Host, for my death, disability, personal injury, property damage, property theft, or any other damage

or actions of any kind which may affect or impact me in any way arising from the Activity.

(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Host from any and all liabilities or claims made as

a result of my participation in the Activity, whether caused by the negligence of the Host or otherwise.

 

This Accident Waiver and Release of Liability Form (“Release Form”) is construed in accordance with the laws of

California. This Release Form is construed broadly to provide a release and waiver to the maximum extent permissible

under applicable law.

 

              I CERTIFY THAT I HAVE READ THIS DOCUMENT; AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT

THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. I HAVE READ THE

FOREGOING WARNING, ACKNOWLEDGEMENT OF RISKS, ASSUMPTION AND RESPONSIBILITY, RELEASE OF

LIABILITY, AND COVENANT OF GOOD FAITH. I UNDERSTAND ALL ELEMENTS OF THIS AGREEMENT. I

ACKNOWLEDGE AND AGREE TO ABIDE BY ALL ELEMENTS OF THIS AGREEMENT. I UNDERSTAND THAT BY

SIGNING THIS DOCUMENT, I MAY BE WAIVING VALUABLE LEGAL RIGHTS."

​

By Clicking the Agree to Waiver button below you are agreeing/signing to all of the above conditions.

​