In consideration of the JESSIE REES FOUNDATION (the
“Foundation”) permitting the undersigned and/or any below referenced child
under 18 years of age (the undersigned, 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 signing 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.
