ASSUMPTION OF RISK, WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
Parents/guardians must complete this Assumption of Risk, Waiver of Liability and Hold Harmless Agreement (the “Release”) as part of the registration for participation in our volunteer activities (the “Event”). This Release applies to your participation in the Event and to all related activities including pre and post Event activities. This Release is not nullified and remains in place in addition to any other release, waiver or agreement entered into as a requirement to participate in the Event. For and in consideration of Families Give Back allowing the undersigned to participate in the Event as a volunteer; I for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Release. If I am an adult signing on behalf of a minor (the “Minor”) I make the same contract on behalf of the Minor and all of the same persons or entities related to or representing that Minor: I further represent, warrant and guarantee that I have full legal and moral authority to sign this Release on behalf of the Minor and to thereby relinquish substantial legal rights on behalf of the Minor.
Please read the entire document carefully before signing, as you are waiving substantial legal rights, including the right to sue.
I hereby represent that (i) I am at least eighteen (18) years of age or older, (ii) I am in good
health and in proper physical condition to participate in the Event and have not been advised by a health professional to not undertake this or similar events, and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well-being at all times and under all circumstances while at the Event site. If I am signing this Release on behalf of a Minor I am making the same representations for and on behalf of that Minor.
WARNING OF RISK:
I understand that Families Give Back has arranged the opportunity to participate in the Volunteer Activity at the Venue but will not be supervising the Volunteer Activity and cannot guarantee the safety of the Venue site.
I understand and acknowledge the possible risks and dangers associated with participation in this Event, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, animals, or other natural or manmade objects; dangers arising from adverse weather conditions; land, water, and/or surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused by whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or missions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result if my participation in any Event. If I am signing this Release on behalf of a Minor I am making the same representations and assuming the same risks for and on behalf of that Minor. Families Give Back does not carry medical or accident insurance for you or your family. Please review your own insurance plans to be certain that you and your family have proper coverage.
RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION
I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless Families Give Back and its partners, affiliates, directors, officers, shareholders, employees, agents, volunteers, and independent contractors (Individually and Collectively, the “Released Parties”), from any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Release, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. I hereby warrant that I am of legal age and competent to enter into this Release, that I have read this Release carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Release without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Release.
This Release represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Release. If any provision of this Release is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Release and shall not affect the validity and enforceability of any remaining provisions. This Release will be interpreted under California law. If I am signing this Release on behalf of a Minor, I hereby further represent, warrant and guarantee that I have the legal and moral right and authority to bind said Minor to all the terms of this Release, Waiver and Covenant and Indemnity as if said Minor were an adult, and acknowledge that I am giving up substantial legal rights on behalf of that Minor and that Minor’s parents, legal guardians, heirs, and an other legal or personal representative. I hereby grant full permission to any and all of the above Released Parties and event organizers to use any photographs, videotapes, motion pictures, digital images, website images, streaming video or any other record of this Event without qualification and without compensation.
PERMISSION TO PARTICIPATE:
By executing this agreement, I am consenting on my behalf, and granting permission for my child/ren, to participate in the Volunteer Activity. I understand that all participation by me or my child(ren) in the Volunteer Activity is voluntary and will be performed without any expectation of compensation, insurance coverage or cost reimbursement.
BY INDICATING YOUR ACCEPTANCE OF THIS RELEASE, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS RELEASE AND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Photographic & Video Consent
We would love to be able to post photos and videos of our volunteer activities on our website! We ask for your consent to use pictures we take of you and your family during our volunteer activities. You are not required to sign this form in order to participate.
I understand that Families Give Back may desire to use my and my child(ren)’s names, photographs, likenesses, digital images, statements, voices and/or videos recorded during the Volunteer Activity (the “Materials”) in its promotional materials and for other fundraising, promotional, educational and informational purposes (the “Uses”). I grant Families Give Back permission to record, and in perpetuity to use, modify, distribute, publish, and publicly display the Materials, in any form and media now known or hereafter developed, for the Uses it deems proper. I waive my right to inspect or approve the Materials and the Uses to which the Materials may be put, and to make any claims against Families Give Back relating to those Uses, including for compensation.
I have read this document before accepting the terms, and I fully understand its contents, meaning and impact. I am at least 18 years of age and am competent to contract in my own name and on behalf of my child(ren), whose name(s) I have provided.