Everyone who enjoys the SOAR Over Ventura features must sign a liability waiver before being allowed to participate in any activity. Please read the waiver information below, and fill out and submit the form at the bottom of this page.

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ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

 

 

DECLARATIONS: This Agreement is entered into between VENTURA RANCH RESORT, LLC, dba Ventura Ranch KOA and dba Soar Over Ventura (collectively “VRR”), and the undersigned (“Guest”).   Guest’s participation in any of the activities described below is contingent upon this Agreement.  In signing this release, Guest understands and acknowledges that VRR does not discriminate on the basis of race, color, creed, sexual orientation, age, nationality, or any other factor.

 

ASSUMPTION OF RISK: I am aware that participating in ziplining, a ropes course, a jumping pillow, a climbing wall, and/or associated activities (collectively “the Activities”) involve many risks, dangers and hazards including, but not limited to hiking on rough and/or uneven terrain; changing weather conditions which may cause trails, suspension bridges, walkways ziplines, and/or ropes to become slippery; equipment failure; failure to properly adjust or fasten equipment, improper use of equipment, falls; over-exertion; fear of heights, failure to remain within designated areas, impact or collision with trees, other participants or guides; negligence of other participants or guides; and NEGLIGENCE ON THE PART OF VRR, INCLUDING THE FAILURE ON THE PART OF VRR TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES.  I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.

 

Without limiting any and all other illnesses, injuries, and/or damages that may result from your participation in the above-described activities, you understand and acknowledge that your participation in the Activities may result in exposure to certain infectious and/or communicable diseases including, but not limited to, COVID-19. Inherent in individuals congregating in close proximity and engaging in strenuous physical exercise is the risk that you may be exposed to breath, sweat, or other bodily fluids which may increase the risk of exposure to and infection by communicable diseases including, but not limited to, COVID-19.  By signing this release, you understand and acknowledge that you specifically assume any and all such risk, whether resulting in illness to yourself or any others with whom you may come into contact, and accept sole responsibility on behalf of yourself (and your personal representatives, heirs, executors, administrators, agents, and assigns).

 

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge VRR (and VRR’s affiliates, related, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of VRR whether active or passive, or any of VRR’s’ affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, illnesses and/or injuries which may occur as a result of (a) your use of any equipment or facilities which may malfunction or break, (b) improper maintenance of any equipment, premises or facilities, (c) negligent instruction or supervision, (d) negligent hiring or retention of employees, (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from the premises, including injuries resulting from VRR’s or anyone else’s negligent inspection or maintenance of the equipment or premises, and/or (f) improper and/or negligent sanitation or disinfection practices relating to of any equipment, premises or facilities.

 

If you are signing on behalf of a minor child, you also give permission to administer the necessary first aid, and in case of serious illness or injury, you give permission to call for medical and or surgical care for the child and to transport the child to medical facility deemed necessary for the well-being of the child.

 

PHOTOGRAPHY/VIDEO RELEASE: Participants involved in any activities offered by VRR may be photographed or videotaped. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the VRR website or in any editorial, promotional or advertising material produced and/or published by VRR.

 

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless VRR from any loss, liability, damage, or cost VRR may incur arising from your participation in the Activities. Therefore, you accept financial responsibility for any illness or injury that you or the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the below mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees costs to enforce this agreement, you agree to reimburse them for such fees and costs.

 

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts.