NOTICE: THIS RELEASE AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT VERY CAREFULLY AND UNDERSTAND IT BEFORE YOU SIGN.
In exchange for the opportunity to participate in the Activity (defined below) organized and produced by A Walk On Water, Inc. and other valuable consideration, the receipt of which is hereby acknowledged, the undersigned, on behalf of myself and Releasing Party (defined below), hereby acknowledge and unconditionally agree to all of the terms set forth in this RELEASE.
This RELEASE is for the benefit of A Walk On Water, Inc., its respective directors, officers, members, employees, agents, partners, volunteers, successors, assigns, surf instructors, representatives, independent contractors, including affiliated and unaffiliated individuals and entities that provide transportation to and from the location of the Activity, donors, sponsors, vendors who provide any types of services at the Activity including, but not limited to food and drink vendors, product vendors, photographers, videographers, childcare providers and massage therapists (the foregoing shall hereinafter be collectively referred to as “Company” in this RELEASE).
The term “Releasing Party” in this RELEASE shall collectively include all of the following: (i) the undersigned; (ii) the undersigned’s family members and personal representatives; and (iii) anyone who the undersigned acts as the primary caretaker for and/or is unable to make legal decisions on their own for any reason.
DESCRIPTION OF THE ACTIVITY. Releasing Party has agreed to act as a volunteer at Company’s Surf Therapy events for children, adults and their respective family and friends. Releasing Party agrees to assist Company as and when needed at the Company’s surf therapy events and to assist all individuals participating in surfing and the Surf Therapy events (collectively referred to as the “Activity” and/or “Activities”). Surfing consists of riding a wave toward the shore while standing or lying on a surfboard while other individuals are also surfing at the same time within close proximity of the Releasing Party that is participating in the Activity. The Activity may include an instructor who rides on the surfboard with the Releasing Party that is participating in the Activity. The Activity may also include the Company transporting Releasing Party by motor vehicle to and from the location where the Activity takes place. Releasing Party may be outfitted with wetsuits and floatation devices as part of participating in the Activity. Participating in the Activity may include encountering rocks, reefs, ocean life (including but not limited to fish, sting rays, sharks and jellyfish), rip currents, other individuals participating in the Activity, floating debris and surfboards. THE ACTIVITY IS DANGEROUS AND CAN RESULT IN SERIOUS INURY AND DEATH.
ACKNOWLEDGMENT OF RISKS. Releasing Party acknowledges that there are known and unknown risk inherent in and/or related to the Activity and that no amount of care, caution, instruction or expertise can eliminate said risks. RELEASING PARTY accept and elect to participate in the Activity in spite of said risks, including, but without limitation: (a) risk of accidents, property damage, injury, serious injury of any kind and/or death, including but not limited to cuts, scratches, infection, broken bones, head injuries, loss of hearing, loss of vision, loss of limbs and drowning; and of subsequent injuries or accidents which may be compounded by negligent rescue operations or procedures of the Company or others; (b) risk of fatigue, overheating, chill and/or dizziness during the Activity which may diminish Releasing Party’s reaction time and that of others and may therefore increase the risk of accident and/or injury; (c) environmental hazards, including, but not limited to, terrain, changing weather, fog, rain, rocks, reefs, ocean life (including but not limited to fish, sting rays, sharks and jellyfish), rip currents, wind and/or other conditions, falling rocks, and erosive cliff edges through or near which I will be walking and/or traveling; as well as other hazards, including, but not limited to slippery trails and/or roads, falling objects and impacting objects; (d) emotional risks, which may range from unwelcome or inadvertent touching, simple hurt feelings to panic and psychological trauma; (e) risks from errors in judgment, or other negligence , by either the Releasing Party, other people participating in the Activity, the Company or others; (f) misinformation and instructions or the lack thereof; and (g) risk of equipment malfunction or equipment misuses, including misuse of surfboards, personal flotation devices and wetsuits; (g) risk inherent in transportation in a motor vehicle, including but not limited to vehicle accidents, vehicle rollover and fire. In all cases, known or unknown inherent risks, and other known or unknown risks which may not be inherent, whether or not described above, must be accepted by those who choose to participate in the Activity. Releasing Party, have voluntarily applied and decided to participate in the Activity and no one is forcing Releasing Party to participate in the Activity.
PARTICIPANT REPRESENTATIONS. The undersigned, on behalf of his/herself and for each Releasing Party represented by the undersigned that participates in the Activity that: (a) he/she is at least eighteen (18) years of age; (b) he/she is physically, mentally, psychologically, physiologically and emotionally capable of participating in the Activity; and (c) he/she is participating in the Activity voluntarily and of their own free will; and (c) he/she is not under the influence of alcohol or any substance that might impair judgment, physical capability or which may cause danger to others.
MEDICAL CONCERNS. Releasing Party acknowledges that the Activity is designed for use by Participants of at least average mobility and strength who are in reasonably good health. Individuals with any medical problems or concerns, including but not limited to: neck, back or shoulder problems, injuries, pains or instability, cardiac conditions or diseases, obesity, high blood pressure, pulmonary problems, arthritis, physiological, psychological and psychiatric problems, may increase any known or unknown inherent risks of the Activity and cause the Participant to be a danger to themselves or others at the location of the Activity. Individuals with any of these conditions and any and all other underlying medical problems or concerns that put them at a greater risk of injury or illness during the Activity must carefully consider those risks before choosing to participate, and they must fully inform the staff, in writing, in the space provided below, prior to the beginning of the Activity.
SAFETY PROCEDURES. Releasing Party acknowledges and agrees to listen to and a follow the rules, guidelines and safety procedures for participating in the Activity, including, but not limited to the following: (a) obey all safety instructions provided by the Company, the Company’s designated guides, instructors and staff; and (b) wear all the equipment required for my safety, otherwise, Releasing Party shall not be permitted to participate in the Activity.
PERMISSION TO PROVIDE MEDICAL ASSISTANCE. In the event of an injury to any Releasing Party that participates in the Activity, Releasing Party give permission to Company to arrange for all necessary medical treatment for which Releasing Party shall be financially responsible. This temporary authority will begin on the first date written below and will remain in effect until terminated in writing by the undersigned or when the above-described Activity is completed. Company shall have the following powers: (a) the power to seek appropriate medical treatment or attention for Releasing Party as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital; (b) the power to authorize medical treatment or medical procedures in an emergency situation; and (c) the power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
RELEASE, WAIVER OF LIABILITY. Releasing Party, on behalf of themselves and their respective heirs and estates, hereby waive and release and hold Company harmless from and against, and agree not to sue Company for, any and all claims, causes of actions and liabilities of any kind, known and unknown, that may arise out of or relate in any way to participating in the Activity, including but not limited to claims, causes of actions and liabilities for wrongful death, personal injury or damage to or loss of property.
Releasing Party is aware of and specifically waive the provision of the California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his factor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Releasing Party acknowledges that this RELEASE is intended to release Company from its own negligence to the fullest extent permitted by law. Any legal action relating to the Activity of this Release can be brought only in the Ventura County Superior Court.
PERMISSION TO USE PARTICIPANTS’ IMAGE. Company engages photographers and videographers to take pictures and video of the Activity and Releasing Party engaging in the Activity while at the event. In exchange for the opportunity to participate in the Activity and for other valuable consideration, receipt of which is hereby acknowledged, Releasing Party grants to Company permission to use Releasing Party’s likeness in photographs, video recordings, voice recordings or electronic images in any and all of Company’s publications (including website and other social media entries), without payment or any other consideration and in any manner Company desires. Releasing Party understands and agrees that these materials are the sole and exclusive property of Company, that Releasing Party does not retain any ownership or license rights whatsoever in the images and material, and will not be returned to Releasing Party. Releasing Party hereby irrevocably authorizes Company to edit, alter, copy, exhibit, publish or distribute these images for purposes of publicizing Company, the Company’s activities and programs or for any other lawful purpose. In addition, Releasing Party waives the right to inspect or approve the finished product, including written or electronic copy, wherein Releasing Party’s likeness appears. Additionally, Releasing Party waives any right to royalties or other compensation arising or related to the use of Releasing Party’s image. Releasing Party hereby holds harmless and releases and forever discharges Company from all claims, demands, and causes of action which Releasing Party, their heirs, representatives, executors, administrators, or any other persons acting on Releasing Party’s behalf or on behalf of Releasing Party’s’ estate have or may have by reason of this authorization.
REPRESENTATION OF UNDERSTANDING. Releasing Party, has carefully read, fully understand and hereby freely and voluntarily agrees to the terms and conditions stated in this RELEASE, and promises to assume all unknown or known risks involved and associated with the Activity. Releasing Party acknowledges that this RELEASE shall be effective and binding upon Releasing Party, and each of them. The undersigned hereby confirms that he/she is at least 18 years of age and is duly authorized and empowered to execute this RELEASE on behalf of Releasing Party, and each of them. Releasing Party, and each of them, understands that as an alternative to signing this RELEASE, Releasing Party may decline to participate in the Activity.
This RELEASE shall remain in full force and effect for a period of five (5) years from the execution date and shall apply to all Activities throughout the effective period of this RELEASE.
Names of additional participants subject to this RELEASE who the party signing above has the legal and actual authority to bind to this RELEASE:
Participant’s Name: Participant’s Name: Participant’s Name: Participant’s Name: Participant’s Name:
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Your legal name
If you have questions about the contents of this document, you can email the document owner.
Document Name: Volunteer Release
Agree & Sign