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
1. 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.
2. 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.
3. 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.
4. 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. COVID-19 ATTESTATION AND WAIVER OF LIABILITY
I acknowledge that the novel Coronavirus/COVID-19 is understood to be extremely contagious and is spread through person-to-person contact. Those infected may spread the disease without showing symptoms, and infection can cause serious and potentially life-threatening illness and even death. I understand that I may risk becoming exposed to and/or infected by the disease as a result of my participation in the Event.
By signing below, I attest that:
-I am not experiencing any symptoms of illness such as dry cough, difficulty in breathing, fever, fatigue, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell, or exhibiting any other symptoms of relating to COVID-19 or any communicable disease within the last 5 days.
-Neither I, nor any members of my household have experienced any of the above symptoms in the last 5 days.
-I do not believe I, or members of my household have been recently exposed to anyone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
-I have not been diagnosed with Coronavirus/COVID-19 within the last 5 days.
-I am following all CDC recommended guidelines as much as possible to limit my exposure.
I understand that should any of the above change I will notify Second Harvest Food Bank of Orange County immediately and will not be permitted to participate in the Event.
I agree to not hold 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") liable for any exposure to the Coronavirus/COVID-19 caused in connection with the Event, including, without limitation, caused by misrepresentation of the above attestation by other Event Parties, volunteers, or other participants.
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") I am fully and personally responsible for my own health and actions while and during my participation in the Event and I recognize that I may be in any case be at risk for contracting Coronavirus/COVID-19.
I release and agree to indemnify, defend and hold the Event Parties harmless from, and waive on behalf of myself, my child(ren) and my Representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for any damage or loss, bodily injury, illness, medical treatment, or death, that may be caused by any act, or failure to act by the Event Parties or that may otherwise arise in any way in connection with the Event, including exposure or harm due to Coronavirus/COVID-19.
Section 3. 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 waive the protections of Section 1542 of the California Civil Code, which provides that a general release does not extend to certain claims not known to me at the time I signed this waiver and release.
I have read and understand this entire Release and Waiver of Liability, and declare all the information is truthful and accurate.