In consideration for the opportunity to participate or volunteer my time or services in the Walk to Feed OC event (the "Event"), I, the below-named participant, agree to the following for myself and for my child(ren) who participate and/or attend with me:
Section 1. Participant Release
- I hereby waive and release, on behalf of (i) myself, (ii)my child(ren), and (iii) our heirs, assignees, executors, administrators, and next of kin (collectively, our “Representatives”) and any other third party, any and all rights, claims, liabilities, damages, losses, costs, and causes of action whatsoever I, my child(ren) or our Representatives may have against Second Harvest Food Bank of Orange County, its affiliates and the Event operators, property owners, and sponsors and each of their respective parents, officers, directors, employees and agents (collectively, the "Event Parties") relating to or arising or resulting from my or my child(ren)'s participation in the Event, including but not limited to personal injury, regardless of the cause and including with respect to any passive or active negligence on the part of any of the Event Parties, myself, my child(ren), our Representatives or any third party.
- I recognize the Event has inherent risk of injury and I hereby assume that risk on behalf of me, my child and our Representatives. If I or my child(ren) causes injury to any person or damage to any property while participating in the event, I hereby defend, indemnify and hold harmless the Event Parties from and against any and all claims, suits, actions, losses, damages and expenses related to or arising from such injury or damage. It is further agreed that this waiver, release, and assumption of risk is to be binding on me, my child(ren) and our Representatives.
- I agree to defend, indemnify and to hold the Event Parties free and harmless from any loss, liability, damage, cost or expense which they may incur as the result of my death, the death of my child(ren) or any injury or property damage that I or they may sustain while participating in said activity, or travel to the event at the venue or such other location as is selected.
- I hereby give my consent to Second Harvest Food Bank of Orange County and its affiliates to use my and my child(ren)'s name and likenesses in print and photographs, video and film ("Photos") of me and/or my child(ren) taken before, during or after the Event, in advertising and promotional materials, including but not limited to the Internet without compensation. I agree that no advertising or other material need be submitted to me or my child for approval. I hereby release, discharge, and agree to save harmless the Event Parties from any liability, including, without limitation, any claims for libel or invasion of publicity/private, by virtue of any use of my or my child(ren)'s name and/or photos, including any alteration of such photos, whether intentional or otherwise. I have read and understand this Release and Waiver and declare all the information is truthful and accurate.
Section 2. General Statements
I agree that this Release and Wavier of Liability shall be governed by and construed in accordance with the laws of the State of California, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Release and Wavier of Liability as a whole.
I HAVE READ AND VOLUNTARILY SIGNED THE 'SIGNATURE PAGE' THAT ACCOMPANIES THIS RELEASE AND WAIVER OF LIABILITY, and further agrees that no oral representation, statement or inducement apart from the foregoing written agreement has been made to me. I acknowledge that no modification to the terms of this release shall be effective unless made in a writing signed by an authorized representative of Second Harvest Food Bank of Orange County.
I have read and understand this entire Release and Waiver of Liability, and declare all the information is truthful and accurate.