PARTICIPANT’S RELEASE FROM LIABILITY AND INDEMNIFICATION
I represent that I am familiar with the nature of the activities in which I or my child will participate and that I, or my child, am in good physical health and that I do not have physical or emotional conditions, past or present, of which I am aware, which would in any way affect my or my child’s ability to participate in the Event. I agree to waive and release Project3R, Ryan’s Recycling, Anaheim Ducks Hockey Club, LLC, and each of their respective parent, related, affiliates, successor and/or subsidiary companies (and/or their respective owners, officers, directors, employees, and/or agents) (hereinafter “Indemnities”) from and against any and all claims, causes of action, suits, demands, costs, liabilities, damages, expenses, or judgments of any kind whatsoever, including attorneys’ fees and court costs (collectively, “Claims”), known or unknown, existing now or in the future, that I may now or hereafter have against the Indemnitees arising in any way as a result of or in connection with my or my child’s participation in the LONG BEACH FREEWAY FACEOFF BEACH CLEAN UP on 04/6/23 (hereinafter “Event”), including, any illness, accident, injury, death, property loss, left or damage resulting therefrom, and hereby agree to indemnify and hold harmless the persons from and against any and all such claims whether caused by my or my child’s negligence or otherwise, except for illness and injury resulting directly from the gross negligence or willful misconduct on the part of those Indemnities. I understand and agree that by signing this waiver I am freeing the Indemnities from any liability resulting from my or my child’s participation in this Event. I recognize and have considered all the potential dangers that may attend my or my child’s participation in the Event and, after careful consideration, have decided to accept those potential dangers. I understand that if I, or my child, is injured, this waiver will be used against me and anyone else claiming damages because of my or my child’s injury in a legal action. I entered into this waiver on behalf of myself, my child, and my and my child’s heirs, executors, administrators, and next of kin. I expressly waive and relinquish all rights and benefits afforded by California Civil Code Section 1542 and do so understanding and acknowledging the significance of this specific waiver of Section 1542. Section 1542 states as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
As an attendee of this event, I hereby grant the Indemnities the irrevocable and unrestricted right to use and publish photographs and/or video of my or my child’s participation in the Event for Indemnitees’ promotional and non-promotional purposes (website, social media, marketing) in any manner or medium in perpetuity. I acknowledge that by participating in this Event, my or my child’s participation is voluntary and I will not receive financial compensation of any type associated with the taking or publication of the photographs and/or videos or participation in marketing materials or other publications. I acknowledge and agree that publication of said photos and/or videos confers no right of ownership or royalties whatsoever. I hereby release the Indemnitees and any third parties involved with the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my or my child’s participation at this event.
I CERTIFY THAT I HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE, INCLUDING THAT IT IS A COMPLETE WAIVER AND RELEASE OF LIABILITY AND PROMISE ON BEHALF OF MYSELF AND MY CHILD TO INDEMNIFY AND NOT TO SUE OR MAKE A CLAIM. My signature below is my own free and voluntary act and I intend this waiver to be legally binding on me. I certify that I am at least 18 years old.
If I am signing this waiver on behalf of my child, I represent that I am a parent and natural or legal guardian of the child named below and that I am acting in such capacity and agree to save and hold harmless and indemnify the Indemnitees from all Claims, which may be made against the Indemnitees because of any defect in or lack of such capacity to so act and hereby release the Indemnitees on behalf of the child listed below and his/her parent(s) or other legal guardian(s).