PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK 

The Rose Garden Waiver, to be signed by all visitors, students, etc. 

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The Rose Garden will make every effort to ensure a safe environment. In consideration of the services of The Rose Garden, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “RG”), I hereby agree to release, indemnify, and discharge RG, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: 

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1. I acknowledge that my participation in any activity (on this property) entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Furthermore, RG employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction. 

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2. I expressly agree and promise to accept and assume all of the risks existing in this activity and property. My participation is purely voluntary, and I elect to participate in spite of the risks. 

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3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless RG from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of RG’s equipment or facilities, including any such claims which allege negligent acts or omissions of RG. 

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4. Should RG or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 

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5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 

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6. In the event that I file a lawsuit against RG, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 

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7. I authorize the use of photos by The Rose Garden for public relations purposes. 

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By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may by found by a court of law to have waived my right to maintain a lawsuit against RG on the basis of any claim from which I have released them herein.