AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY Please read this contract carefully. It releases Farm To Crag from liability and waives certain rights. In consideration of being permitted to participate in The Farm To Crag Gathering 2023 (“Gathering”), facilitated by Farm To Crag (“F2C”), I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement): 1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in farming, rock climbing, and shared meals (hereinafter the “Activities”), are activities that can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activities involves certain inherent dangers and risks that cannot be eliminated or controlled, the presence of which are integral to the adventurous nature of the Activities. I understand and contractually agree that the following list of dangers and risks that could cause physical or emotional injury or death are inherent to the Activities, and that this list is not exhaustive – there are many other dangers or risks associated with the Activities not listed below: exposure to falls (including from heights); exposure to falling rock, wood, climbing gear, or other objects; being struck by or striking objects; unstable or loose rock or other terrain; dangerous climbing conditions or surfaces; exposure to unmaintained, naturally existing and artificial climbing and rappelling anchors, including “fixed” anchors such as bolts, pitons, threads, webbing, rope or chain that may fail; rough or unmaintained trail; slipping, tripping or falling; unmarked and obscure hazards in the outdoor environment; exposure to steep or cliff-side terrain; allergen exposure; exposure to poisonous plants; exposure to various dangerous wildlife or insects, including bee or wasp stings, tick bites, and snake bites; falling trees or other objects; moving objects associated with extreme weather; changing weather, wind, hail, lightening, and other adverse weather conditions; existing, changing, or otherwise dangerous rock and/or trail conditions; lack of shelter; difficulty with route finding, including getting lost; poor or varying visibility; temperature fluctuations; wildfire; burns or burning associated with hot surfaces and sun exposure; water-borne, vector-borne, or airborne bacteria, virus, or pathogens (including but not limited to contraction of COVID-19); landslides; rock-fall; mudslides; all manner of outdoor injuries including head injury, spinal injury, broken bones, burns, internal injury, sickness or disease, hypothermia, frostbite, sunburn, heatstroke, dehydration, hyponatremia, and high altitude injury; mentally or physically unstable or criminal participants; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles or aircraft; failure or lack of communication equipment; equipment failure, malfunction, or failure to operate as intended; inadequate equipment; Participant’s failure to appropriately use protective gear or clothing; Participant’s failure to adequately place protective gear or equipment; Participant’s failure to estimate and operate within Participant’s experience; Participant’s failure to understand and comply with instructions; other participants’ negligence or equipment failure; and mental, physical, or emotional injury or distress from exposure to the inherent risks listed herein. I understand that F2C has done its best to list the known risks of participating in the Activities, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activities. 2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activities despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activities. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activities. I expressly acknowledge and assume all inherent risks, dangers, and consequences of the Activities, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death. I specifically acknowledge that F2C, nor its organizers or participants, are providing any rock climbing instruction or guiding services for me, and that my decisions relative to climbing at the F2C Gathering are mine, and mine alone. 3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activities. I understand that I am responsible for truthfully disclosing and notifying other participants in the F2C of any dangers to others associated with my own mental or physical conditions. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by F2C, including in any website or promotional materials, to induce me to participate in the Activities. 4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for F2C’s agreement to allow the Participant to participate in the Activities, I HEREBY AGREE NOT TO SUE FARM TO CRAG, its organizers or volunteers, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, volunteers, representatives, assignees, officers or directors, (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activities. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activities, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not including gross negligence or intentional conduct). 5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Activities. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against released parties, undersigned will be required to pay back to the released parties all sums of money incurred by, or paid by or on behalf of, any of the released parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs. 6. Medical Authorization: I hereby: 1) authorize the Released Party to undertake any emergency medical care for me; 2) authorize the Released Party and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold the Released Party harmless from any claims associated with such medical care and/or related transportation. However, I acknowledge and agree that F2C and its organizers and volunteers have no legal duty to provide medical care to me. 7. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant. 8. Agreement to Application of California Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activities shall be governed by California law, and that the exclusive jurisdiction for any claim shall be in the Mariposa County District Court, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis. 9. Media Release: I agree that F2C may utilize my photograph or video of me participating in the Activities for any purpose and that any such image is the property of F2C. If any sentence, clause, paragraph, or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. By signing this agreement, I hereby give my consent and approval to Farm To Crag, Patagonia, and their affiliated partners, that they shall have the rights, without obtaining my further approval to photograph, take motion pictures of, televise, or reproduce in any manner or through any media, images of myself, my child, and my legal guardians. Farm To Crag, Patagonia and their affiliates shall have the right to display, use, sell or license any such pictures or other reproductions for any purposes commercial or otherwise without monetary compensation to myself, my child or my legal guardian. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that any subcontractors or other vendors utilized by F2C during or incidental to the Activities are solely responsible for injury that occurs to me while I am in their care, and that F2C is not in a joint venture with any such vendor or subcontractor. BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER'S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER'S FAILURE TO EXERCISE REASONABLE CARE.