In consideration of the undersigned being given permission to use the common area generally referred to as the “Beach” in the Portuguese Bend Club (PBC) by the Portuguese Bend Club Homeowners Association and Portuguese Bend Beach Club and for other good and valuable consideration, each of the undersigned and personal representatives, heirs, executors, administrators, agents and assigns (collectively referred to herein as “Releasors”) hereby agree to assume full responsibility for any and all damages, claims and liability for injury or death to any person and for damage or injury to any property (including, without limitation, any loss or theft of any personal property or loss) which occur on said beach, the beach easement and/or all of the roads in the PBC area and/or by reason of the use of any property or ocean adjoining or in the vicinity of the beach (the PBC Recreational Area”) by any of  the Releasors, the members of their family, their guests and/or invitees at any time and from time to time. 

 

Unsafe Land:  Releasors acknowledge that portions of the PBC are located in an unstable land area, which results in constant land movement.

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Recreational Area: Releasors acknowledge that that PBC Recreational Area has firepits, a playground, paddle tennis courts, volleyball courts, Palapas and a rocky shoreline. 

 

Covid 19:  Releasors acknowledge Corona Virus 19 (Covid 19) is a highly contagious infection which has infected over 800,000 and killed over 10,000 people in Los Angeles County.  PBC followed the Los Angeles County orders by closing the PBC Recreational Area including its beach, volleyball courts, children’s play area and paddle tennis courts to reduce the risks of contagion.  PBC has now reopened the PBC Recreational Area, again in compliance with guidance of Los Angeles County and the City of Rancho Palos Verdes.  These steps carry an increased risk of infection to everyone living in and visiting PBC. 

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Visiting PBC may increase your risk of contracting Covid 19.  Although PBC takes all steps reasonably possible to keep the PBC Recreational Area, including bathrooms, dining tables, volleyball courts, children’s play area, paddle tennis courts and the benches around the paddle tennis courts free of Covid 19, it is impossible to keep these areas clean all of the time.  Handling tennis balls, touching the equipment in the children’s play area, being close to someone without a mask, and other activities may result in your contracting Covid 19.    

 

PBC requires that all persons in PBC, other than in a residence, follow the rules adopted by the Board of Directors to reduce the risks of infecting others with Covid 19 while on the premises.  A copy of those rules is attached to this Release.

 

Releasors acknowledge and agree that the foregoing release and assumption of liability includes any and all risks and damages caused by or associated with the above risks and include injuries from automobile traffic, the activities of other users of the PBC Recreational Areas, exposure to Covid 19, and unstable or shifting land or surface areas, including, but not limited to, the roads and pathways located on or adjacent to the PBC area. 

 

Releasors further agree to indemnify and hold harmless, release and forever discharge Portuguese Bend Club Homeowners Association, Portuguese Bend Beach Club, and each of their affiliated entities, members, residents, tenants and licensees, and each of their respective partners, directors, agents, managers, supervisors, employees, attorneys, beach lifeguards and other representatives (collectively referred to herein as “Released Persons”) from any and all damages, claims, liability and costs for or from injury or death to any person or injury to any property which may arise by reason of the use of the PBC Recreational Areas, and/or any of the roads in the PBC and/or the use of any property and/or ocean adjoining or in the vicinity of the beach that the Releasors, any family members of the Releasors or any guest or guests of the Releasors have or may have whether known or unknown arising out of Released Persons’ negligence or other acts or omissions.  This Agreement includes, without limitation, injuries which may occur as a result of swimming, beach activities, ingress or egress to the beach area, unstable or shifting surface areas, injuries caused by use of the children’s play equipment, concealed objects in the sand or burns or other injuries resulting from the use of or contact with fire rings on the beach and contracting Covid 19. The Releasors also expressly acknowledge that injuries received may be compounded or increased by a failure to rescue or negligent rescue operations or procedures of or by the Released Persons.

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A condition of each entry into PBC is that you, and all members of your group over the age of 18, must sign a copy of this Release acknowledging that you (i) have read, understand and agree to comply with the PBC rules, (ii) realize the contagious nature of Covid 19, (iii) assume the risks of infection which may result from the negligence of yourself, other members of your group, other people in PBC including guests, invitees, residents, employees and staff (which includes, security, landscaping, maintenance personnel and contract vendors) of PBC.

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Your signature is your agreement with the Released Persons that you will not make a claim of any kind or nature, sue or attach the property of the Portuguese Bend Homeowners Association and/or the Portuguese Bend Beach Club or any member for or with respect to death, injury, illness, liability or expense arising from entering onto the PBC premises.  Your signature further indicates that you agree to hold the Released Persons harmless, and to bear any expenses related to Covid 19 or illness resulting from your exposure to Covid 19 on the PBC premises.

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This release extends to all claims whether or not known or suspected by you with regard to your injuries, death or illness which occur or stem from your presence in the PBC premises and constitutes a waiver of each and all the provisions of the California Civil Code Section 1542, which reads as follows:

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“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.”

 

By signing below you acknowledge that you have carefully read this Agreement and fully understand that it is a release of liability, including liability for the negligence of any Released Person.  You also acknowledge that by signing below you are voluntarily waiving any right that you may have to bring a legal action to assert a claim against any Released Person (and agreeing to indemnify and defend any Released Person for any claims) for any and all injury, illness, death, damage or loss to you or your property which may result from the use of the PBC Recreational Area, the beach easement and/or all of the roads in the PBC area and/or any property or ocean adjoining or in the vicinity of said beach.

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It is understood and agreed that the right of the undersigned to use the PBC Recreational Area has been or is being granted to the undersigned only under condition that this Release has been or is to be executed by the undersigned.