Hold Harmless, Release Of Liability, Indemnification and Assumption of Risk

Hold Harmless, Release of Liability, Indemnification, Assumption of Risk, and Inherent Risk Waiver

  1. Hold Harmless Agreement

In consideration of being allowed to visit and participate in activities at Gundlach Bundschu Winery, including but not limited to tours, tastings, events, performances, and any other activities on the Winery premises, I hereby agree to hold Gundlach Bundschu Winery, its owners, employees, affiliates, agents, contractors, and partners (collectively referred to as “Gundlach Bundschu”) harmless from any and all claims, liabilities, damages, losses, or injuries (including death) that may occur during my visit or participation in any event or activity on the Winery’s premises.

This agreement extends to all individuals attending or visiting Gundlach Bundschu Winery, including but not limited to those who may not have personally signed or agreed to this waiver, but are present as guests, invitees, or attendees. Whether attending as a result of a ticket purchased by another individual or as an unregistered guest, all visitors and participants, regardless of the origin of their ticket, agree to be bound by the terms of this waiver and release. Gundlach Bundschu will not be held responsible for any injuries, damages, or losses, whether due to the actions or negligence of Gundlach Bundschu or third parties, and all visitors agree to release Gundlach Bundschu from liability for any such occurrences.

  1. Release of Liability

By attending any event or visiting Gundlach Bundschu Winery, whether through direct purchase of a ticket, as a guest of another ticket holder, or as an invitee of another attendee, I hereby release and discharge Gundlach Bundschu from any and all claims, demands, actions, or causes of action that I, my heirs, executors, administrators, assigns, or any other individuals who accompany me may have, now or in the future, against Gundlach Bundschu arising out of or in any way related to our visit or participation in any event or activity at the Winery. This release includes, but is not limited to, claims for bodily injury, property damage, wrongful death, loss of services, or any other damages arising from or related to the visit to Gundlach Bundschu’s premises.

I further understand and agree that this Release of Liability applies to all attendees, guests, or invitees, including those who may not have personally signed this waiver. I also acknowledge that it applies even if the injuries, damages, or losses are caused in whole or in part by the negligence or wrongful conduct of Gundlach Bundschu or any of its affiliates, employees, or contractors.

  1. Indemnification

I agree to defend, indemnify, and hold Gundlach Bundschu harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

  • My own actions or inactions, or the actions or inactions of any individual or guest who accompanies me, attends as my guest, or for whom I have purchased a ticket or reservation, while on the premises of Gundlach Bundschu Winery.
  • My breach of any term or provision of this waiver, or any breach by individuals for whom I am responsible, including but not limited to any person attending as my guest or invitee.
  • My violation or the violation by my guests or invitees of any applicable law, regulation, or ordinance while at the Winery.
  • Any claim brought by a third party due to my conduct or behavior, or the conduct of any guests or invitees accompanying me, during my visit or participation in activities at the Winery.

In the event that Gundlach Bundschu assumes its own defense in any matter covered by this Indemnification clause, I agree to fully cooperate with Gundlach Bundschu in its defense. This indemnification obligation extends to all individuals who are guests or attendees at Gundlach Bundschu Winery, regardless of whether they have personally signed or agreed to this waiver.

  1. Assumption of Risk

I acknowledge that visiting Gundlach Bundschu Winery, participating in events, and engaging in any activities on the Winery’s premises carry inherent risks. These risks include, but are not limited to, uneven terrain, gravel pathways, hills, natural wildlife, weather conditions, agricultural activities, and other environmental factors. I understand that these risks can result in bodily injury, illness, property damage, or even death.

I further acknowledge that this Assumption of Risk applies not only to myself but also to all individuals attending the Winery as my guest, invitee, or by way of a ticket purchased on their behalf. I understand that these individuals are equally subject to the risks associated with the rural and agricultural nature of Gundlach Bundschu Winery and that these risks cannot be eliminated even with all due care. By attending the Winery or participating in any event or activity, I, and anyone accompanying me, voluntarily assume all risks, known or unknown, related to our visit.

  1. Inherent Risk Waiver

I expressly acknowledge and agree that the Winery’s location, as part of a rural and agricultural environment, involves certain risks beyond the control of Gundlach Bundschu. These risks may include, but are not limited to:

  • Weather Conditions: Sudden changes in weather such as rain, wind, heat, or cold.
  • Natural Elements: Exposure to wildlife, insects, plants, and the uneven, natural landscape.
  • Agricultural Operations: Being in proximity to working vineyards, farming equipment, and agricultural processes.
  • Outdoor Event Hazards: Risks associated with attending outdoor events, such as slips, trips, and falls due to terrain, temporary structures, or environmental factors.

By attending events or visiting the premises, I and all guests, invitees, and attendees who accompany me or attend events on the property, regardless of whether they personally signed this waiver, waive any and all rights to hold Gundlach Bundschu responsible for injuries, damages, or losses arising from such inherent risks.

  1. Scope and Duration of Waiver

This waiver and release of liability shall apply to any and all visits or activities that I may engage in at Gundlach Bundschu Winery, including but not limited to multiple visits or events. This waiver also applies to all individuals attending events, visiting the Winery, or engaging in activities on the premises as guests, invitees, or attendees, regardless of whether they personally signed or agreed to this waiver. It is intended to be as broad and inclusive as permitted by the laws of the State of California. Should any portion of this waiver be deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By signing below (or by attending events and accepting the terms of this waiver), I confirm that I have read, understood, and agreed to the terms of this Hold Harmless, Release of Liability, Indemnification, Assumption of Risk, and Inherent Risk Waiver. I further confirm that this waiver applies to any and all individuals attending as my guests, invitees, or for whom I have purchased tickets or made reservations. I fully understand the legal consequences of signing this document and knowingly assume all risks associated with my visit or participation at Gundlach Bundschu Winery.

Date: ____________

Signature: ____________________________

Name (Printed): _________________________

Attention Guests:

Proposition 65 WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine, and Other Alcoholic Beverages May Increase Cancer Risk, and During Pregnancy, Can Cause Birth Defects.

 

These Terms of Use were last modified on September 18, 2024

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