This agreement is made on the date of registration by and between River Islands Boathouse, LLC (“Boathouse”), by Our House Hospitality, Inc., a California corporation, as the agent for Boathouse, and the undersigned, hereafter referred to as Customer, for bocce club registration.
Customer, as a part of the consideration to Boathouse, hereby assumes all risks of damage to property or injury or death to persons arising from or relating to Customer’s use of the bocce courts and/or related facilities or related equipment. Without limiting the foregoing, the undersigned hereby waives, covenants not to sue, RELEASES and DISCHARGES Boathouse, Our House Hospitality, Inc., River Islands Development, LLC, The Cambay Group, Inc., St. James Investment Properties, Inc., River Islands Public Financing Authority, Island Reclamation District 2062, City of Lathrop and their respective employees, officers, directors, parent companies, agents, representatives, heirs, successors and assigns (collectively “Indemnified Parties”) from any and all liability, loss, damage, claim, action or demand arising from or attributable to Customer’s use of the bocce courts and/or related facilities or related equipment including without limitation liability that might arise out of the negligence or carelessness of the Indemnified Parties.
IT IS CUSTOMER’S INTENTION THAT THIS WAIVER AND RELEASE EXTEND TO AND INCLUDE CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OF ANY INDEMNIFIED PARTY TO THE FULLEST EXTENT ALLOWED BY LAW. Customer acknowledges that Customer is signing this waiver and release form with full knowledge of California Civil Code Section 1542, which reads: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The provisions of this statute are hereby waived.
Customer is aware that this is a release of liability and a contract between Customer and River Islands Boathouse, LLC, and signs it voluntarily. Customer understands and hereby agrees to all of the above-stated charges and restrictions in this agreement and agrees to comply with all Bocce Club rules and regulations.