LOVE RIVERSIDE  -  EXPRESS WAIVER OF LIABILITY and RELEASE AND INDEMNITY AGREEMENT

WITH PHOTO/VIDEO RELEASE

In consideration for being allowed to participate in Love Riverside Serve Day, October 22, 2016 (the “Activity”) sponsored by Love Riverside (hereinafter the “Entity”), the Undersigned  hereby agrees to this express waiver of liability against Entity, and  enters into this release and Indemnity Agreement with Entity set forth below. The Undersigned, for themselves and their personal representatives, assigns, heirs, and next of kin, and each and every one of them, states and agrees as follows:

I am fully aware of the risks and hazard inherent in engaging or participating in the Activity, including, but not limited to, the possibility of physical or emotional stress and/or injury, sickness, paralysis or death (collectively “Injuries”), and voluntarily assume the risks of all or any such Injuries  that may be sustained in engaging or participating in the Activity.

I hereby voluntarily release, discharge, waive and relinquish any and all claims, actions, or causes of action for personal injury, property damage, or death  I may have against Entity, its directors, officers, members, affiliated entities, subsidiaries, agents, attorneys, employees, representatives, successors, heirs, licensees, assigns and all persons acting in concert and participating with the Entity  (collectively referred to as “Released Party”) occurring or arising as a result of the Undersigned’s participation in the Activity, and any instruction or supervision related to said Activity, save and except only those claims  based on Entity’s fraud, violations of law, gross negligence or willful injury to persons or property.

I hereby covenant that this Agreement shall apply to all unknown and unanticipated claims, injuries, causes of action and damages, as well as any known claims, and I waive the provisions of Section 1542 of the California Civil Code which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

I hereby agree to and shall indemnify, defend, save and hold harmless the Released Party from any loss, liability, damage, cost or attorneys’ fees that a Released Party actually incurs resulting from or arising out of the Undersigned’s participation in the Activity.

I hereby agree that if any part of this Agreement is held by a Court or arbitration panel of competent jurisdiction to be invalid, void or unenforceable, such decision shall not affect the validity of any remaining provision of this Agreement, which remaining  provisions shall remain in full force and effect as if this Agreement had been executed without the invalid  provision  Included.

I hereby agree that any dispute or claim hereunder shall be resolved exclusively by arbitration under the then prevailing Commercial Rules of the American Arbitration Association in Riverside County, California. The undersigned waives any and all rights to a jury trial in connection with any dispute or matter arising under this Agreement.

I hereby warrant that the foregoing  representations and agreements are true and correct, and that  I understand and acknowledge that the Entity has relied upon my  representations and agreements in entering into this Agreement and  agreeing to my participation in the Activity. No representations, statements, or inducements of any kind, oral or in writing have been made by or between the parties to this Agreement with respect to the subject matter of this Agreement, apart from the matters set forth within this Agreement. 

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS.  I AM AWARE THAT THIS IS AN EXRESS WAIVER OF LIABILITY AND A RELEASE AND INDEMNITY AGREEMENT BETWEEN MYSELF AND THE ENTITY, AND AGREE TO IT WITH MY OWN FREE WILL.

 

LOVE RIVERSIDE  -  EXPRESS WAIVER OF LIABILITY and RELEASE AND INDEMNITY AGREEMENT

WITH PHOTO/VIDEO RELEASE       - Page 2

PHOTO/VIDEO RELEASE

I hereby give my permission to the Entity to Photograph/Video me and/or to Photograph/Video my child/children. I hereby give an irrevocable right and permission, in connection with the Photographs/Videos taken of me and my child, or in which I or my child may be included with others for use in any manner consistent with the law.  I also grant the Entity all legal rights associated with the use of reuse of said Photographs/Video, in whole or in part, either by themselves or in conjunction with other Photographs/Videos in any medium and for any purposes whatsoever, including all promotional and advertising uses as well as using my name in connection therewith if it is so desired, without compensation.  I understand that all Photographs/Video taken by the Entity or their employees, agents or assigns, become the sole property of the Entity.  I hereby release and discharge the Entity, its assigns, licensees and legal representatives from any and all claims, actions and demands arising out of, or in connection with, the use of said Photographs/Videos including, without limitations, any and all claims for invasion of privacy and libel.  I have read the above authorization, release and agreement prior to its execution, and I am fully familiar with the contents thereof. This release shall be binding upon me and my heirs, legal representatives and assigns.  I understand that the Photographs/Videos may be published in print publications and/or used in promotional displays. The Photographs/Videos may be used on websites but no child’s name will be published on the internet.  I understand that I will not be compensated for the use of the Photographs/Videos and also hereby voluntarily waive, release and relinquish any right to be compensated for the use of the Photographs/Videos.  Please be advised that all participants involved in any programs and/or events are subject to being photographed or videoed. 

Print Name, address, telephone number and e-mail of Participant: 

Name:________________________________________________________________________________

Address:______________________________________________________________________________

Email:________________________________________________________________________________

Phone: _______________________________________________________________________________

Signature:  __________________________________________________  Dated: __________________

IF PARTICIPANT UNDER THE AGE OF 18, PLEASE COMPLETE SECTION BELOW:

I hereby certify that I am the parent or legal guardian of _____________________, who is participating in Love Riverside Serve Day and is _____ years of age. I do hereby give my consent without reservation to the foregoing on their behalf.

Print Name of Parent/Guardian: _________________________________________________________

Signature: ____________________________________________  Dated: _________________________