VIEW OUR COVID-19 IMPACT – MESSAGE FROM JESSIE’S DADDY, ERIK REES

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VOLUNTEERFUNDRAISE

WAIVER AND RELEASE OF LIABILITY

In consideration of the JESSIE REES FOUNDATION (the “Foundation”) permitting the undersigned and/or any immediate family members for whom I am purchasing tickets, including any child under 18 years of age (the undersigned, family members, with any such child, collectively, the “Participant”) to attend and/or participate in the above‑named event (the “Event”), the undersigned (including on behalf of any below referenced child under 18 years of age) hereby, and for the Participant’s heirs, executors, administrators, assigns, and all legal guardians, WAIVES AND RELEASES ANY AND ALL RIGHTS, CLAIMS AND CAUSES OF ACTION OF ANY NATURE, EITHER IN LAW OR EQUITY, that the Participant may have against the Foundation, its directors, officers, employees, agents, chapters, assignees, licensees, volunteers, and cooperating entities, and their respective representatives, heirs, executors, administrators, successors, and assigns (the “Released Parties”), whether known or unknown, fixed or contingent, which arise, or may arise hereafter, out of or are in any manner whatsoever, directly or indirectly, connected with or related to the Event (including but not limited to activities connected to the Event), including but not limited to any claims or causes of action FOUNDED IN WHOLE OR IN PART UPON ANY TYPE OF NEGLIGENCE (INCLUDING BOTH ACTIVE AND PASSIVE NEGLIGENCE) OR RESULTING FROM ANY LOSSES, INJURIES OR DAMAGES, COSTS, OR EXPENSES OF ANY NATURE, INCLUDING PROPERTY DAMAGE AND DEATH (collectively, the “Released Claims”), that the Participant may suffer while attending or taking part in the Event.

The Participant knowingly assumes all risks related to attendance and/or participation in the Event. THE UNDERSIGNED UNDERSTANDS THAT BY EXECUTION OF THIS RELEASE THE PARTICIPANT IS AGREEING NOT TO SUE any or all of the Released Parties in connection with the Released Claims, and the Participant will have no claim for any losses, injuries or damages arising from, in connection with, or related to the Released Claims, whether known or unknown on the date hereof. The Participant further waives any insurers’ right to make a claim against a Released Party based on payments by insurers to the Participant or on the Participant’s behalf for any reason. This means the Participant’s insurers have no rights of subrogation against the Released Parties.

The undersigned further acknowledges that if the Participant drives in his or her own vehicle, or is a passenger in another’s person or entity’s vehicle in connection with the Event, that the Released Parties’ automobile insurance and other insurance does not cover such transportation. The undersigned also understands that the Released Parties cannot be responsible for assuring the safety and reliability of such transportation or driver, nor for any non-sponsored activities and travel that he or she might choose to participate in before, during or after the Event. The undersigned therefore accepts, waives, and releases any claims related to or in connection with such private transportation, including, without limitation, the Released Parties’ negligence (including both active and passive negligence) and any other Released Claim.

ASSUMPTION OF RISK

The undersigned hereby attests (including on behalf of any below referenced child under 18 years of age) that (i) the Participant’s attendance and involvement in the Event is voluntary, (ii) the Participant is qualified, in good health, and in proper physical condition to participate therein, (iii) the Participant is participating at his or her own risk, and (iv) the Participant expressly and specifically assumes the risk of injury or harm arising from the Event, and releases the Released Parties from all Released Claims, including any liability for injury, illness, death, or property damage resulting therefrom, as set forth above. The undersigned understands that the Event may be dangerous and involve the risk of serious injury or death to the Participant and/or damage to the Participant’s property, and the Foundation makes no representations or warranties as to the safety of the Event. The undersigned also understands that neither the Foundation nor any other Released Party assumes any obligation to provide financial or other medical, health, or disability assistance in the event of injury or illness. In case of serious injury, the undersigned gives his or her permission for Foundation personnel to seek medical treatment for the Participant.

INDEMNITY

The undersigned hereby agrees to DEFEND, INDEMNIFY, HOLD HARMLESS AND REIMBURSE the Released Parties from and for all damages, losses, costs, or expenses (including legal fees) incurred by the Released Parties or paid by them to any person in connection with the Participant’s attendance and/or participation in the Event, including, without limitation, damages, losses, or costs arising from or in connection with any claims or causes of action FOUNDED ON THE PARTICIPANT’S NEGLIGENCE (INCLUDING BOTH ACTIVE AND PASSIVE NEGLIGENCE), OR ANY OTHER LOSSES, INJURIES DAMAGES, COSTS, OR EXPENSES OF ANY NATURE, INCLUDING PROPERTY DAMAGE AND DEATH, RESULTING THEREFROM, OR ANY RELEASED CLAIM (the “Indemnity”).

PHOTOGRAPHIC AND OTHER MEDIA RELEASE

The undersigned hereby provides the Participant’s consent to the Released Parties to distribute, publish, exhibit, digitize, broadcast, display, reproduce, photograph, videotape, or otherwise use the Participant’s name, picture, portrait, likeness, voice, writings or biographical information (including, if applicable, disease diagnosis), and audiotape and/or videotape recordings, and sound or silent motion pictures of the Participant in any manner or media whatsoever, whether now known or hereafter known, including, but not limited to, any platform of any Released Party (“Likeness”), anywhere in the world in perpetuity for (i) any lawful purpose of the Foundation whatsoever, including without limitation, for editorial, educational, promotional, and advertising purposes, for the solicitation of contributions, as evidence in litigation, and (ii) any other purpose in furtherance of the purposes, objectives and mission of the Foundation, including any such use by Released Parties. The undersigned further agrees that the foregoing provision shall apply to, without limitation, any Likeness (or any part thereof) provided by the Participant to the Foundation, or uploaded by the Participant to any Foundation media or social media platform, whether concurrent with the execution of this Waiver, Release & Consent or at any time thereafter, and whether or not associated with the Event. The undersigned also consents to the digital manipulation or distortion of any such Likeness, including, without restriction, any changes or alterations as to color, size, shape, perspective, context, foreground, and background. The undersigned further agrees that the Foundation shall be the exclusive owner of all copyright and other rights in such Likeness. Furthermore, the undersigned understands that the Participant will not be compensated and agrees that the Participant will not seek at any time to receive any financial benefit or compensation in connection with such Likeness or use thereof.

WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542

In connection with this Waiver, Release & Consent, the undersigned acknowledges that the undersigned is familiar with Section 1542 of the Civil Code of the State of California, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Furthermore, the undersigned expressly waives and relinquishes any right or benefit that the Participant has, or may hereafter have, under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or nonstatutory law of any other jurisdiction to the full extent that the Participant may lawfully waive all such rights and benefits pertaining to the subject matter of this Waiver, Release & Consent.

The undersigned understands and acknowledges that the significance and consequence of the waiver of Civil Code Section 1542 is that even if the Participant should ever hereafter discover damages arising out of, relating to, or in connection with the Released Claims, the Participant will not be able to make any claim for those damages. The undersigned acknowledges that he or she intends these consequences with respect to the Released Claims even as to claims for damages that may exist as of, or arise after, the date of this Waiver, Release & Consent but which the Participant does not know exist, and which, if known, would materially affect the undersigned’s decision to execute this Waiver, Release & Consent, regardless of whether the lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.

SEVERABILITY

The undersigned expressly agrees that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that, to the maximum extent permitted by law, the balance shall, notwithstanding, continue in full legal force and effect.

GOVERNING LAW AND VENUE

This Waiver, Release & Consent shall be governed by the laws of the State of California, without regard to any conflict of law principles.  The undersigned hereby agrees to the exclusive jurisdiction of, and venue in, the courts of the State of California for any dispute relating to or arising from this Waiver, Release & Consent or the Participant’s attendance and/or participation in the Event, and further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute involving or related to the Released Parties, the Released Claims, the Indemnity, or the Event.

By indicating your agreement with this Waiver, Release & Consent, the undersigned certifies that (i) he or she has read this document and fully understands it and the implications of signing this document, (ii) he or she is not relying on any statements or representations of any Released Party, orally or in writing, regarding the subject matter hereof, and (iii) he or she understands that this document shall be binding upon the undersigned and any below referenced child under 18 years of age, and their respective heirs, executors, administrators, assigns, and all legal guardians.

I affirm that I am the parent/legal guardian of all minor(s) for which I am purchasing tickets and that I have full authority to authorize his or her attendance and/or participation in the above referenced Event, and to grant the releases, waivers, and consents herein, including rights in his or her Likeness.
I also affirm that any additional tickets I am purchasing are for immediate adult family members and they have knowingly and independently acknowledged and agree to all the provisions outlined above.   
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