RELEASE OF LIABILITY
real talk, no bulls**t
Release of Liability, Assumption of Risk and
Hold Harmless Agreement
Organization Name: Boca Roja | Baja Wine Adventures
Participant Name (First, Middle, Last): _______________
Date of Birth (mm/dd/yyyy): ___________ (must be 18 or older)
Health Issues/Allergies: ________________________________
In consideration of being allowed to participate in any way in Boca Roja | Baja Wine Adventures tours, related events and activities, I, the undersigned, acknowledge, appreciate, and agree that:
1. RELEASE: In consideration for participating in this tour, related events and activities on _________ (Date) and other valuable consideration. Participation in Boca Roja | Baja Wine Adventures will primarily consist of wine tours and related events I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE BOCA ROJA | BAJA WINE ADVENTURES, its officers, executives, agents, employees and/or other affiliated persons (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of
action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted or in transportation to and from said premises.
2. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest of employee of Boca Roja | Baja Wine Adventures immediately.
3. I understand that Boca Roja is not an agent of, and has no responsibility for, any third party including without limitation any sponsor, vineyard or contributor that may provide any services, equipment, or activities associated with the Activity. I understand that Boca Roja has not reviewed, certified, or investigated the activity and makes no statement or warrantee as to the safety of said Activity. I agree to inform myself about the potential dangers of the areas I am traveling to and precautions which should be taken, including reviewing the State Department Consular Travel Information at and the Centers for Disease Control Travelers Information at for health and immunization information. I agree that my safety is primarily dependent upon my taking proper care of myself and avoiding any activity or behavior which would harm me or others. I agree to observe the rules and practices which may be posted or advised by Boca Roja. I agree that if I fail to act in accordance with this agreement I may be dismissed from the Program.
4. ASSUMPTION OF RISK: I warrant that I am of good health and can fully participate in this activity. I am fully aware of risks and hazards connected with the activity, including but not limited to the risks as noted herein, and I hereby elect to voluntarily participate in said activity, and to enter the above- named premises and engage in such activity knowing that the activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS RELATED TO THIS ACTIVITY INCLUDING BUT NOT LIMITED TO:
a) Death, injury or illness from accidents of any nature whatsoever, including but not limited to bodily injury or illness of any nature whether severe or not, temporary or permanent, which may occur as a result of participating in an activity or contact with physical surroundings, equipment or other persons,
WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
b) Loss or injury as a result of a crime or criminal act by third parties, terrorism, war, civil unrest, riot, detention by a foreign government, arrest or other act of any government or authority. c) Theft or loss of personal property during the activity or any activity related travel. d) Loss or death or injury as a result of any natural disaster or event or extreme weather conditions or
events. e) Alteration including delay, extension or cancellation of the Activity due to natural disaster, civil unrest, war, terrorist attack, medical quarantine or any other disturbances or causes.
5. I understand that Boca Roja | Baja Wine Adventures, its officers, executives, agents, employees and/or other affiliated persons are not responsible for any medical, legal or other costs associated with an injury or prosecution I sustain before, during, or after a tour, related event or activity.
6. CONSENT TO TREAT: I authorize Boca Roja | Baja Wine Adventures to act on my behalf in any medical emergency if and as may be applicable.
7. I also understand that I should and am urged by Boca Roja | Baja Wine Adventures to obtain adequate health and accident insurance to cover any personal injury to myself which may be sustained during the activity or
the transportation to and from said activity.
8. WAIVER: It is my express intent that this Release and Hold Harmless Agreement shall bind the members of the my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of California.
9. BORDER CROSSING: I HEREBY ACKNOWLEDGE THAT I AM CROSSING AN
INTERNATIONAL BORDER AND I MUST ABIDE BY ALL BORDER CROSSING LAWS AND REGULATIONS. I ACKNOWLEDGE THAT IT IS AGAINST THE LAW TO BRING FIREARMS, AMMUNITION, FIREWORKS, MARIJUANA, COCAINE, AND OTHER ILLEGAL SUBSTANCES OR PROHIBITED ITEMS WITH ME WHEN I AM CROSSING THE BORDER IN ACCORDANCE WITH THE U.S. CUSTOMS AND BORDER PROTECTION: PROHIBITED ITEMS, TITLE 21 UNITED STATES CODE CONTROLLED SUBSTANCES ACT, SUBCHAPTER II AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. IF IT IS DISCOVERED BY INTERNATIONAL BORDER PATROL AGENTS OR ANY AUTHORITIES
THAT YOU ARE TRANSPORTING THE AFOREMENTIONED ILLEGAL ITEMS, BOCA ROJA, LLC IS NOT LIABLE FOR YOUR CRIMINAL VIOLATIONS OR CONVICTIONS THAT MAY BE IMPOSED UPON YOU.
10. INDEMNIFICATION: I HEREBY AGREE TO INDEMNIFY BOCA ROJA | BAJA WINE ADVENTURES FROM AND ALL LIABILITY, LOSS, COSTS, CLAIMS, FEES, JUDGMENTS, OR DAMAGE BOCA ROJA | BAJA WINE ADVENTURES MAY SUFFER ARISING OUT OF OR RELATED TO, OR ON BEHALF, OR BECAUSE, OF MY ACTIONS OR INACTIONS, OR BY A THIRD PARTY, OR AS A RESULT OF THE NEGLIGENCE, GROSS NEGLIGENCE OR DEFAULT OF BOCA ROJA | BAJA WINE ADVENTURES. AS CONSIDERATION FOR ME BEING PERMITTED TO PARTICIPATE IN THE ABOVE REFERENCED ACTIVITIES I AGREE TO FOREVER RELEASE, DISCHARGE, AND HOLD HARMLESS FROM ANY LEGAL AND/OR OTHER LIABILITY AND AGREE NOT TO SUE BOCA ROJA | BAJA WINE ADVENTURES, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS,
SHAREHOLDERS, OFFICERS, DIRECTORS, COORDINATOR, STAFF, PARENTS, VOLUNTEERS, ASSIGNS, HEIRS, NEXT OF KIN, AND/OR ESTATES (HEREAFTER COLLECTIVELY BOCA ROJA | BAJA WINE ADVENTURES) ARISING OUT OF ANY LIABILITY, COSTS, FEES, DAMAGES, JUDGMENTS, INJURIES, PHYSICAL OR PSYCHOLOGICAL, DEATH , OR PERSONAL OR REAL PROPERTY DAMAGE RESULTING FROM MY PARTICIPATION IN THE ABOVE REFERENCED ACTIVITIES WHETHER OR NOT SUCH LIABILITY COSTS, FEES, DAMAGES, INJURY, OR DEATH WAS CAUSE BY THE NEGLIGENCE AND GROSS NEGLIGENCE, ACTIVE OR PASSIVE, OR DEFAULT OF BOCA ROJA | BAJA WINE ADVENTURES.
11. RESPONSIBILITY FOR DAMAGES: I ALSO UNDERSTAND THAT I AM RESPONSIBLE FOR ANY DAMAGE I CAUSE TO THE FACILITIES, PREMISES, PROPERTY OF BOCA ROJA | BAJA WINE ADVENTURES OR PROPERTY OF OTHERS.
Questions or Comments?