1. I desire to participate in the activity described above, or otherwise enter any area where the activity takes place, or to observe or otherwise participate in or in any other way be involved for any purpose with the foregoing actions, participation and/or activities (collectively, an “Activity”). If I attend any SCGA board meetings, or meetings with third parties or government entities regarding SCGA related matters, this Release and Waiver applies to such meetings and is included in the definition of Activity. This Release includes time spent preparing for an Activity, traveling to and from the Activity, and cleaning up after an Activity. In consideration of being permitted to participate in the Activity and in recognition of the Sponsor's (as defined below) reliance hereon, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this "Release and Waiver"), including all the Covenants and Agreements listed in this Release and Waiver (the "Covenants and Agreements").
2. I understand and agree that this Release and Waiver applies retroactively to every time, if any, I have participated in an Activity in the past and will continue to apply every time I participate in an Activity in the future. I understand SCGA conducts monthly creek cleanup events, site inspections, and other events and activities, and I agree this Release and Waiver applies every time I am involved in the Activity, regardless of time, date, or location. I understand and agree there is no need nor expectaction for me to sign this Release and Waiver more than once. This Release and Waiver will never expire unless I deliver written notice of revocation to the Santiago Creek Greenway Alliance. I understand that I am not permitted to participate in any Activity unless this Release and Waiver has been signed and remains in effect at the time of such participation.
3. This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable state laws, ordinances, statutes, rules, and regulations ("Applicable Law"). If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between SCGA and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
4. I specifically acknowledge and agree that this document is intended to be a general release without limitations or conditions that would otherwise apply under Applicable Law, and agree and hereby WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under Applicable Law.
5. I hereby irrevocably and unconditionally agree for myself, my personal representatives, spouse, successors and assigns, heirs, and next of kin, as follows:
A. ASSUMPTION OF RISK. I understand the creek is dangerous. There are slippery rocks, sharp glass and objects, discarded needles, homeless people, gross trash, wildlife, and other dangers. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
B. RELEASE FROM LIABILITY. I fully and forever release and discharge SCGA, the City of Orange, the County of Orange, the State of California, any other groups or individuals (whether charitable, governmental, commercial, or otherwise) involved in the Activity, and each of its and their respective affiliates, directors, officers, employees, members, agents, and insurers, and all others involved in the Activity (individually referred to in this Release and Waiver as a "Released Party") from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if they are due to the ordinary negligence, injudicious act, omission, or other fault of a Released Party. This waiver and release does not extend to claims for gross negligence, intentional misconduct, or any other liabilities that California law does not permit to be released by agreement.
I understand that by signing this release, I am waiving any and all claims of any kind directly or indirectly arising out of or in connection with my participation in the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS 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.
C. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against a Released Party, or join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others') property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold a Released Party responsible for any injury, loss, or damage sustained by me, other parties, or my (or others') property in connection with the Activity, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of a Released Party.
D. INSTRUCTIONS. I will follow any and all instructions, recommendations, and cautions of SCGA or its representatives at all times during the Activity. I will comply with all Applicable Laws while participating in the Activity.
E. PUBLICITY. I hereby grant SCGA, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission, and to allow others the same rights of publicity. We sometimes upload pictures to our Facebook page. I may withdraw consent at any time.
F. EMAILS. I understand my email will be added to the Santiago Creek Greenway Alliance email list for notification of future work days. I can always unsubscribe at any time.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AND WAIVER, AND ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS, AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE SCGA AND OTHER RELEASED PARTIES.
