TERMS FOR ENTERING SOMENDO RANCH
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Wildlife and Mindfulness: The Somendo Ranch is a wildlife sanctuary with a rich fauna and flora typical of Northern California. This includes a few species that can be hazardous, including but not limited to poison oak, rattlesnakes, black widow spiders, deer ticks, coyotes, wild boar, and possibly mountain lions. Guests must remain alert and mindful about their surroundings at all times and be ready to respond to emergencies.
Pack In / Pack Out: With the exception of things consumed on site, anything guests bring onto the ranch should be taken out again, including recyclables and solid trash. Ranch composting is for vegetable waste only and cannot take soiled paper or meat waste. Guests may not take plants, animals, or minerals away from the ranch without permission.
Smoking: Because this is a critical fire hazard, it is not permitted anywhere on the Somendo ranch to smoke fire-lit cigarettes, cigars, joints or pipes except in special areas designated for that purpose, such as specific outdoor areas at the main house.
Proper Use Of Facilities: Toilets and sinks should only be used to dispose of what can pass through the body. Hygiene products, paper towels, floss, and other bathroom waste must be disposed of in appropriate bins or collected in sealable bags and removed by guests at the end of their stay.
Photography and Social Media: We ask that guests refrain from posting images or videos of the ranch house and infrastructure online without permission of the host.
Waiver: In exchange for participation in all and any activities at the Somendo Ranch including but not limited to visiting, hiking in the wilderness, riding all-terrain vehicles offroad, hunting, and any other activities organized by Somendo Inc or its agents at 35835 Highway 128, Cloverdale, California, 95425 and/or use of the property, facilities and services of Somendo Inc, I, for myself and the members of my family or party of guests (“my party”), as listed above, agree to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Somendo Inc, or the employees, representatives or agents of Somendo Inc.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activities and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Somendo Inc for injury, loss or damage arising out of my or my family's or my party’s use of or presence upon the facilities of Somendo Inc, whether caused by the fault of myself, my family, my party, Somendo Inc or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Somendo Inc against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's or party’s use of or presence upon the facilities of Somendo Inc.
4. FEES. I agree to pay for all damages to the facilities of Somendo Inc caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Somendo Inc has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I AGREE TO ALL THE TERMS OF THE WAIVER, WHICH I HAVE READ AND UNDERSTOOD.