In consideration for my child or ward,____________________________________ being allowed to participate in any way in GOT HER BACK, INC. events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. The risk of injury from the activities involved in these programs is significant, including the potential for permanent disability and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury to my child or ward does exist; and,
2. I, on behalf of myself and my child or ward, knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees (as defined in paragraph 4 below) or others, and assume full responsibility for my child or ward’s participation; and,
3. I willingly agree to comply with and to make my child or ward abide by the stated and customary rules, terms and conditions for participation. If I or my child or ward observe any unusual significant concern in his/her readiness for participation and/ or in the program itself, either my child or ward or I will remove him/her from participation and bring such to the attention of the GOT HER BACK, INC. front office immediately; and,
4. I, FOR MYSELF AND ON BEHALF OF MY CHILD OR WARD AND OUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS GOT HER BACK, INC., AND THEIR OFFICERS, ELECTED OFFICIALS, AGENTS, EMPLOYEES, OTHER PARTICIPANTS, SANCTIONED EVENTS, SANCTIONED ORGANIZATIONS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND LESSORS OF GOT HER BACK, INC., FROM ANY AND ALL CLAIMS ARISING OUT OF MY PRESENCE AT ANY GOT HER BACK, INC. EVENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR ANY AND ALL INJURIES, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ATTORNEY’S FEES AND ATTORNEY’S FEES ON APPEAL.
In the event that I am unable to be reached in an emergency, I hereby give permission for medical treatment, and related transportation, to any licensed physician, surgeon, clinic, hospital, or ambulance service to secure proper treatment, for my child as named above.
I hereby grant GOT HER BACK, INC. the irrevocable right and permission to use photographs and/or video recordings of me on websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me.
I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I also understand and agree that I may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of GOT HER BACK, INC.
I hereby release, acquit and forever discharge GOT HER BACK, INC., its current and former trustees, agents, officers and employees of the above-named entities from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
I hereby warrant that I am eighteen (18) years old or more and competent to contract in my own name or, if I am less than eighteen years old, that my parent or guardian has signed this release form below. This release is binding on me and my heirs, assigns and personal representatives.
As a condition and in consideration of the Child’s opportunity to participate in the Event, I, the Parent/Guardian, in my own capacity and on behalf of the Child named above, hereby agree as follows:
1. I authorize the Child to participate in the Event, and certify that the Child is between 13 and 18 years of age. I agree that the Child must follow all rules, instructions, and directions given during the Event. I CERTIFY THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE CHILD, AND ACKNOWLEDGE THAT THIS AGREEMENT IS BINDING ON BOTH ME AND THE CHILD, as well as my and the Child’s family members, estate, heirs, assigns, personal representatives, next of kin, and spouse.
2. I ACKNOWLEDGE THAT THE CHILD’S PARTICIPATION IN THE EVENT INVOLVES RISK OF SERIOUS BODILY INJURY, DEATH, AND/OR PROPERTY DAMAGE, AND ASSUME THE RISK THEREOF. I recognize, acknowledge and accept that there are certain risks of physical injury associated with the activities that the Child will participate in as a part of the Event (collectively, the “Activities”) and I voluntarily agree, as a condition of Child participating in the Activities, to assume the full risk of any injuries, costs, damages or losses, regardless of severity, that I may suffer as a result of participating in such Activities. If the Child is injured in the course of the Activities, I consent for the Child to receive medical assistance and/or treatment from medical personnel. I acknowledge that I am solely responsible for determining if the Child is physically fit and/or skilled enough to participate safely in the Activities. I am also solely responsible for determining if the Child need personal protective equipment to participate in the Activities. I recognize that it is always advisable to consult a physician before undertaking any high risk physical activity. DESPITE CAREFUL AND PROPER PREPARATION, INSTRUCTION, MEDICAL ADVICE, AND CONDITIONING THERE IS A RISK OF SERIOUS INJURY INCLUDING DEATH WHEN PARTICIPATING IN SOME ACTIVITIES. NOT ALL HAZARDS AND DANGERS CAN BE FORESEEN. DEPENDING ON THE SPECIFIC ACTIVITY, CERTAIN COMMON RISKS INCLUDE BUT ARE NOT LIMITED TO DANGEROUS WEATHER AND WATER CONDITIONS, ACTS OF GOD, INSECT BITES, PREMISES DEFECTS, AND OTHER HAZARDS COMMON TO AN OUTDOOR SETTING. OTHER RISKS INCLUDE SUNBURN, HEATSTROKE, DEHYDRATION, INADEQUATE SUPERVISION OR INSTRUCTION, HORSEPLAY AND CARELESSNESS, POOR TECHNIQUE, OR LACK OF SKILL, LOSS OF BALANCE, COLLISIONS, INADEQUATE OR DEFECTIVE EQUIPMENT, AND FAILURE TO WEAR SAFETY EQUIPMENT. IT IS IMPOSSIBLE FOR REI TO GUARANTEE THE CHILD’S ABSOLUTE SAFETY. ACCORDINGLY, ON BEHALF OF MYSELF, THE CHILD, AND OUR RESPECTIVE ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, “SUCCESSORS”), I HEREBY UNCONDITIONALLY AND FOREVER RELEASE NATIONAL FOOTBALL LEAGUE, ITS THIRTY-TWO MEMBER CLUBS, NATIONAL FOOTBALL LEAGUE PROPERTIES, INC., GIRL SCOUTS OF THE USA, GIRL SCOUTS ORANGE COUNTY, GIRL SCOUTS LOS ANGELES, GIRL SCOUTS SAN DIEGO, PIZZA HUT, NIKE INC., CITY OF COSTA MESA, AND THE LOS ANGELES CHARGERS, AND ANY THIRD PARTY PROVIDERS OF ANY PRODUCTS USED IN THE ACTIVITIES AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, CONTRACTORS, AND ADVERTISING/MARKETING AND PROMOTION AGENCIES (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS UNDER ANY THEORY OF LIABILITY (E.G., CONTRACT, WARRANTY OR TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY), JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES, INCLUDING WITHOUT LIMITATION ANY DEATH, PERSONAL INJURY OR PROPERTY DAMAGE (COLLECTIVELY, “HARM”) THAT THE CHILD MAY SUFFER AS A RESULT OF MY PARTICIPATION IN ANY OF THE ACTIVITES. I further agree to expressly waive the provisions of California Civil Code Section 1542 which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
ALLEGED NEGLIGENCE.
5. AGREEMENT TO INDEMNIFY, DEFEND, AND HOLD HARMLESS. I further agree to defend, indemnify, and hold harmless the Released Parties from and against any and all liability for all present and future claims, demands, losses, damages and costs, including, but not limited to, reasonable attorneys’ fees, costs, and disbursements that arise out of or are incurred in connection with the Child’s participation in the Event, including, without limitation, any actual or alleged acts of negligence by the Released Parties.
6. ARBITRATION. All claims and disputes that arise out of or are incurred in connection with the Child’s participation in the Event are to be settled by binding arbitration before a single arbitrator in the State of California, County of Los Angeles, pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. Any arbitration shall apply the substantive laws of the State of California. IF EITHER YOU OR ANY OF THE RELEASED PARTIES CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR HAVE A JURY TRIAL. ALSO, DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate, or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors, and senior management and to family members of a party who is an individual. Arbitration must proceed only with JAMS. An award of arbitration may be confirmed in a court of competent jurisdiction. Each party shall bear its own costs and fees of arbitration.
7. CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE RELEASED PARTIES MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION, LITIGATE IN COURT, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS.
8. I authorize the Released Parties to take videotapes and photographs of the Child and to record the Child’s voice, conversation, and other sounds during and in connection with the Event. I acknowledge that the Released Parties shall exclusively own all copyright and other rights in and to such tapes, photography, and recordings, and may use them forever and throughout the world in any manner without compensation to me or the Child. I authorize the Released Parties to use the Child’s name, voice, likeness, and any biographical facts provided to the Released Parties in advertising and promoting the Event or any National League Football game without any compensation to the Child or me.
9. Except as specifically provided herein, this Agreement shall be governed by, and construed in accordance with, the laws of the State of California. If any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal, void, or unenforceable, such provision shall be of no force and effect, but the enforceability of all other provisions of this Agreement shall be unimpaired.
10. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND AM AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY, AND THAT THE CHILD AND I ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I AM FULLY AWARE OF THE POTENTIAL DANGERS INCIDENTIAL TO THE CHILD’S PARTICIPATION IN THE EVENT. I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL AND INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
