Wine Country Trekking, LLC organizes self-guided treks that involve various levels of physical exertion. Accordingly, you are solely responsible for choosing a trek that fits your abilities, level of fitness, and health. You are also responsible for reading the pre-trek information material and bringing with you all of the appropriate clothing, equipment and first aid supplies and medications, as well as acting in accordance with the customs and laws of the regions visited. Further, you are solely responsible for following any provided trek directions and for following any specific laws, rules and regulations governing the land on which you will be visiting (including state or federal parks), or imposed by any vendors, carriers, hotels, restaurants or other establishments providing you services and/or lodging during the trek. You acknowledge and agree that trek itineraries and destinations may include remote or wilderness areas and/or roads and highways and accordingly participants may encounter potentially harmful conditions, plants, animals, and insects.
Payment of your deposit represents your acceptance of the following terms and conditions, as well as the other terms and conditions on this website or contained within any subsequent trek departure material: Wine Country Trekking, LLC, its members and managers, employees and agents, give notice that all services and arrangements related to this tour have been made by Wine Country Trekking, LLC only as agents, upon the express condition that Wine Country Trekking, LLC shall not be liable and does not assume responsibility for any claims, damages, expenses or other financial loss whether to person or property arising out of any injury, accident, death, cancellation, delay, alteration, or inconvenience resulting from any act or omission, commission or inadvertence of any hotel, carrier, restaurant or other company or person rendering any of the services included in the trek or caused by weather including without limitation floods or earthquakes, sickness, strikes, quarantines or the willful or negligent acts of any other trek participants or any cause whatsoever beyond the control of Wine Country Trekking, LLC.
In consideration of the services and arrangements provided by Wine Country Trekking, LLC, the participant, for him or herself and the participant’s heirs, personal representatives or assigns, releases, waives, discharges, holds harmless and agrees to indemnify Wine Country Trekking, LLC, and its owners, members, officers, directors, managers, agents, contractors, subcontractors and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during the participant’s travel in connection with the scheduled trek and any activities conducted in conjunction therewith. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES OF WINE COUNTRY TREKKING LLC.
I understand that payment of my deposit for this trek is subject to acceptance by Wine Country Trekking, LLC and upon acceptance, shall be deemed to be a contract entered into and performed in Sonoma County, California. In the unlikely event a legal dispute with Wine Country Trekking, LLC should arise involving any subject matter whatsoever, I agree that the following conditions will apply: (1) it will be resolved within the exclusive jurisdiction of either the U.S. District Court, Northern California District or Superior Court in Sonoma County, California; (2) it will be governed by California law without regard to the conflict of law rules of that or any other state or country; (3) the maximum amount of recovery to which I will be entitled under any and all circumstances will be the amount I paid to Wine Country Trekking, LLC for this trek; and (4) if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
For treks which cross Sonoma County Water Agency bridges, the additional Participant Agreement and Release of Liability applies:
As a participant in Wine Country Trekking, I hereby waive, release and discharge the Sonoma County Water Agency (Water Agency) from all liability, including but not limited to: liability arising from the condition of the Water Agency maintenance bridges or any act of negligence or want of ordinary care on the part of the Water Agency, its directors, officers, agents, members, representatives, and assigns for any and all claims of such liability, including claims relating to injury or damage from any cause whatsoever to me or my property arising out of my participation. This agreement is binding upon my executors, heirs and assigns.
I further agree that I will indemnify and hold harmless the Water Agency, its directors, officers, employees, agents and members against all claims, demands and causes of action, including court costs and actual attorney fees, arising from any proceeding or lawsuits brought by me or prosecuted for my benefit, relating to the subject of this release. I further agree to indemnify, hold harmless, and release the Water Agency, its directors, officers, employees, agents and members from and against any actions, cleaims, damages, liabilities, disabilities, or expenses, including court costs and actual attorney fees, that may be asserted by any person or entity, that arise out of, pertain to, or relate to my participation.
I acknowledge that I have read this Participant Agreement and Release of Liability and understand its contents.