Visitor waiver

Visitor Agreement, Assumption of Risk, and Release of Liability

1230 Old San Jose Rd., Soquel, CA 95073. Version v1.1, effective September 5, 2026. Governed by California law.

1. Who is covered

Released Parties: Gary Chong and Ellen Chong; David Hamilton and Cynthia Hamilton; the record owner of the Property and any trust, partnership, or company that holds title to it, together with their trustees, beneficiaries, members, officers, and successors; and all family members, household members, tenants, agents, employees, contractors, volunteers, guests, and other invitees of the foregoing. Every one of them is released by this Agreement.

Property: 1230 Old San Jose Rd., Soquel, CA 95073, approximately seven acres of private residential and recreational land including a residence, outbuildings, natural terrain, trails, water features, and recreational structures and equipment, plus any adjacent land, beach, or access route used to reach it.

Signer: the person signing electronically below. Participant: each person named below who will be present on the Property. If the Signer lists more than one minor, this Agreement applies to each listed minor separately and identically, as though signed for that minor alone.

2. Authority of the signer

The Signer represents that they are either the Participant, age 18 or older, or a parent or legal guardian of each named minor with full legal authority to sign on that minor's behalf and to waive that minor's rights to the extent California law permits. If the minor has another parent or legal guardian, the Signer represents that they have that person's agreement to sign, and the Signer signs for both.

The Signer signs on behalf of themselves, each named Participant, and the spouse, heirs, next of kin, executors, administrators, personal representatives, successors, and assigns of each of them. All of those people are bound by this Agreement to the fullest extent California law permits, including as to claims for wrongful death.

3. Purpose and scope

This Agreement permits each Participant to enter and use the Property. It applies to every visit, on every date, including organized events, gatherings, tournaments, ride days, campouts, and casual drop ins, and to travel between the Property and the beach or other nearby areas as part of a visit.

No fee is charged for entry or for any activity. Nothing of value is paid or given in exchange for permission to be on the Property.

4. Activities

Activities may include, and are not limited to: dirt biking and off road motorcycle riding; e-bike and bicycle riding; skateboarding; use of bike ramps, jumps, and trails; golf cart and utility vehicle riding; disc golf; hiking and exploring; swimming or wading in creeks, water features, or nearby ocean and beach areas; trampoline use; campfires and outdoor fire pits; airsoft activities; use of tools, farm equipment, and machinery; outdoor play and sports; and use of the residence, garage, yard, decks, and amenities.

These are active recreational sports and activities. Risk of injury is built into them and cannot be removed without changing what they are. The Signer accepts those inherent risks and agrees that the Released Parties have no duty to eliminate, reduce, or protect against them, and no duty to make the Property safe for these activities.

Activities may occur with or without adult supervision, and often with several participants moving at once in the same area.

5. No supervision, no childcare, no instruction

The Released Parties are not childcare providers, coaches, instructors, guides, spotters, lifeguards, or chaperones, do not accept custody or supervisory responsibility for any minor, and are not asked to and do not agree to watch, monitor, or control any Participant. The Signer is responsible for arranging supervision, and remains responsible for the Participant at all times, whether or not the Signer is present.

The Signer agrees not to bring a claim based on failure to supervise, failure to instruct, failure to warn, negligent hiring, or negligent entrustment, to the fullest extent California law permits.

6. Known risks

Terrain: uneven ground, dirt jumps, ramps, trails, obstacles, rocks, holes, unstable soil, slopes, cliffs, drop offs, mud, sand, slippery surfaces, falling branches and trees, dense vegetation.

Water: creeks, ponds, water features, ocean and beach areas, currents, rip currents, surf, cold water, submerged objects, and the risk of drowning. No lifeguard is on duty anywhere, at any time.

Wildlife and environment: wild animals, insects, ticks, snakes, poison oak and other harmful plants, dogs and other domestic animals belonging to hosts or guests, weather exposure including heat, cold, wind, and storms, wildfire risk, and smoke.

Recreational equipment: dirt bikes, motorcycles, e-bikes, golf carts, utility and recreational vehicles, skateboards, ramps, trampolines, discs and other projectiles, airsoft devices, campfires, open flames, hot surfaces, fuel, exhaust, fumes, noise, and collisions between participants.

Tools and machinery: farm equipment, outdoor tools, maintenance and shop equipment, blades, and mechanical hazards.

Residential: stairs, decks, railings, household equipment, slippery floors, and water features.

Other people: injuries caused by other participants, including rough play, inattention, inexperience, poor judgment, and horseplay.

Conditions change. Terrain, jumps, water levels, and equipment change constantly and may be in worse condition than the last visit. Nobody inspects them on a schedule.

These risks can result in minor injury, serious injury, permanent disability, property damage, or death.

7. Condition of the property and equipment

The Property, its structures, and all equipment on it are provided as is, with all faults, and with no warranty of any kind. No one inspects, maintains, certifies, or repairs them on any schedule. The Signer has had the chance to inspect the Property and any equipment before use, or to decline to use it, and accepts it in its present condition. Any equipment a Participant brings is that Participant's responsibility, and the Released Parties do not inspect or approve it.

8. Assumption of risk

The Signer knowingly and voluntarily assumes all risks of each Participant's presence on the Property and participation in any activity there, both the risks described above and risks that are not described or not foreseeable. This includes risks arising from the condition of the Property, from equipment and structures on it, from the acts of other participants, from natural conditions, and from the ordinary negligence of the Released Parties.

9. Release of liability

To the fullest extent permitted by California law, the Signer, for themselves, for each Participant, and for their spouses, heirs, next of kin, executors, administrators, and assigns, releases, waives, and discharges the Released Parties from any and all liability, claims, demands, damages, causes of action, costs, and expenses of any kind, known or unknown, arising out of or related to a Participant's presence on the Property, participation in any activity on or connected to the Property, or use of any equipment or structure, INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

This release covers claims for personal injury, illness, disability, death, wrongful death, emotional distress, and property damage, whether brought by the Signer, by a Participant, or by anyone claiming through or on behalf of either.

This release does not apply to gross negligence, recklessness, willful or intentional misconduct, fraud, violation of law, or any liability that California law does not allow to be released. It is meant to be read as broadly as California law allows, and no further.

10. Covenant not to sue

The Signer agrees not to file, join, or fund any lawsuit or claim against the Released Parties that is covered by section 9. If such a claim is filed by the Signer or by anyone acting through the Signer or a Participant, the Signer will pay the Released Parties' reasonable attorney's fees and costs of defending it, to the extent California law permits.

11. Indemnification and defense

The Signer agrees to defend, indemnify, and hold harmless the Released Parties from claims, lawsuits, damages, liabilities, fines, cleanup and fire suppression costs, and reasonable attorney's fees arising from a Participant's presence on the Property, participation in activities, violation of the rules in section 12, or injury or damage caused by a Participant to any person or property, including injury to another guest. This applies to claims brought by or on behalf of a Participant, to the extent California law permits, and survives the end of this Agreement.

12. Rules, and things that are not allowed

Each Participant agrees to follow safety instructions from the hosts and any supervising adult, respect the Property and its equipment, stay out of areas described as off limits, and stop any activity when asked. The Signer specifically agrees that:

• Each Participant brings and wears appropriate protective equipment, including a helmet, for dirt biking, e-bike riding, skateboarding, ramps and jumps, golf cart riding, and similar activities. The Released Parties do not supply, inspect, fit, enforce, or supervise protective equipment. A Participant may end up in an activity with or without it, and the Signer accepts responsibility either way.
• Eye protection is required for airsoft. Airsoft is never aimed at anyone not participating, or at animals.
• Motorized vehicles, including dirt bikes, golf carts, and utility vehicles, are operated only with a host's specific permission, only by someone the host agrees is capable, and only in the areas the host allows. Permission for one visit is not permission for the next.
• Nobody under 21 consumes alcohol or cannabis on the Property, and nobody brings either for a person under 21. Nobody of any age operates a vehicle, machinery, or a boat while impaired. The Signer will tell the hosts if a Participant is using medication that affects alertness.
• Fires are lit, fed, and put out by a host or an adult the host designates, never by a minor acting alone. No fireworks. No fire during a red flag warning or burn ban.
• No Participant brings additional guests without a host's invitation, and every additional guest signs their own agreement before entering.
• Any dog brought to the Property stays under the control of the person who brought it, and that person is solely responsible for what the dog does.
• Each Participant is in adequate physical condition for the activities they choose, and the Signer has disclosed any medical condition, allergy, or medication the hosts would need to know about in an emergency.

The hosts may ask any person to stop an activity or leave the Property at any time, for any reason or none, without explanation. Breaking these rules ends permission to be on the Property immediately.

13. Insurance

The Released Parties do not provide medical, accident, disability, or property insurance for any Participant, and no policy of theirs is available to pay a Participant's costs. The Signer's own health insurance is the primary and sole coverage for any injury, and the Signer is responsible for all medical, transport, and treatment costs. The Signer is responsible for insuring any vehicle or equipment they bring.

14. Medical authorization

If a Participant is injured or has a medical emergency and the Signer cannot be reached promptly, the Signer authorizes the Released Parties to call emergency services and to consent to reasonable emergency medical care, including transport and treatment, at the Signer's cost. Getting help in an emergency is not an admission of fault and does not create any duty of care.

15. California Civil Code section 1542

The Signer waives the protections of California Civil Code section 1542, which reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

The Signer has read this section, understands it, and gives up its protection knowingly. In plain terms: this release also covers claims nobody knows about yet.

16. Photos and video

The Signer may allow or decline photo and video use in the signature section below. The choice is optional and does not affect permission to visit. If allowed, the Released Parties may use photos and video taken on the Property that include a Participant for personal, family, and non commercial purposes, including social posts about events at the Property, without compensation. Permission may be withdrawn by email at any time, going forward.

17. Term, renewal, and revocation

This Agreement takes effect on the date signed and continues for all future visits until the earliest of: a Participant's eighteenth birthday, if signed by a parent or guardian; three years from the signature date; or written revocation by the Signer, sent by email to the hosts, effective when received. Revocation applies going forward only and does not undo the release as to any earlier visit. If the hosts materially change the activities or hazards on the Property, they may ask the Signer to review and sign an updated version. The version in force for any visit is the version most recently signed.

18. Electronic signature and records

The Signer agrees to sign electronically under the federal E-SIGN Act and the California Uniform Electronic Transactions Act, and agrees that the electronic signature, typed legal name, recorded timestamp, and associated record data have the same legal effect as a handwritten signature on paper. A complete copy is emailed to the Signer and available on request. The hosts keep the signed record, including the date, time, IP address, and device information captured at signing.

19. Resolving a disagreement

Before filing anything, the Signer agrees to give the hosts written notice of the problem and to attend one session of mediation in Santa Cruz County, shared cost, unless the hosts decline. Nobody wants lawyers in the middle of a friendship, and most of this gets solved with a phone call.

California law governs this Agreement. Any dispute not resolved in mediation is decided in the state or federal courts serving Santa Cruz County, California, and each party consents to that venue. In any action to enforce this Agreement, the prevailing party may recover reasonable attorney's fees and costs.

20. Time limit for the signer's own claims

As to the Signer's own claims, any action must be filed within one year of the event giving rise to it, or it is waived. This does not shorten any period that California law does not allow to be shortened, including for a minor's own claims.

21. Severability, savings, and entire agreement

If any provision is found invalid or unenforceable, it is first narrowed to the maximum extent that would make it enforceable, and only removed if that is not possible. The rest stays in full effect. If the release is unenforceable as to one person or one claim, it stays in effect as to everyone and everything else. This is the entire agreement on this subject, replaces any earlier waiver signed for the Property, and can only be changed in a signed writing.

22. Acknowledgment

By signing, the Signer states that they have read this entire Agreement, understand it, understand that they are giving up substantial legal rights including the right to sue for ordinary negligence, have had the chance to ask questions or seek legal advice, are not relying on any statement outside this document, and are signing freely.

End of agreement. Sign box unlocked below.