Under CA law, the language of an exculpatory agreement prepared by the party relying on it must “clearly and explicitly” express the intent of the parties. Celli v. Sports Car Club of America (1972) 29 Cal.App.3d 511. It also must be “unambiguous.” Bennett v. U.S. Cycling Federation (1987) 193 Cal.App.3d 1485; Lund v. Bally’s Aerobic Plus, Inc. (2000) 78 Cal.App.4th 733; Leon v. Family Fitness Center (1998) 61 Cal.App.4th 1227. Waiver and release forms are strictly construed against defendants attempting to use them to avoid liability. Lund v. Bally’s Aerobic Plus, Inc., supra. See also Civil Code §1654. If defendants clearly state in their releases that the participant is waiving any rights to sue for negligence, California has upheld such releases. Lund v. Bally’s Aerobic Plus, Inc., supra.

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