Liability Waiver For April 21, 2023
GENERAL RELEASE OF LIABILITY AND ASSUMPTION OF RISK (THE “WAIVER”)
I understand that I am volunteering for Friends of the Urban Forest (hereinafter FUF) tree planting, tree care, or sidewalk landscape programs (the “Event(s)”). I, for myself and on behalf of my child/ward, if applicable, my/their heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS GSW Arena LLC, Golden State Warriors, LLC, GSW Sports LLC (“GSW”), FUF, the National Basketball Association and its Member Teams, NBA Properties, Inc., Johnson Controls, Inc., the owners and lessors of the premises on which the Event(s) is/are occurring, and the respective parents, subsidiaries, affiliates, directors, officers, governors, employees, sponsors, service providers, subcontractors, vendors, and agents of each of the foregoing (each an “Indemnified Party”, or collectively, the “Indemnified Parties”) FROM AND AGAINST ANY AND ALL INJURY, DISABILITY, DEATH, loss, damage to person or property, claims, causes of action, or demands relating to or arising out of my and/or my child(ren)’s/ward(s)’s, if applicable, participation in the Event(s), WHETHER ARISING FROM NEGLIGENCE OF THE INDEMNIFIED PARTIES OR OTHERWISE, to the fullest extent permitted by law. I am over the age of 18 or and the legal guardian of the child participant in the Event(s). I understand that these activities can be physically demanding and that I am/or my child/ward is in good health and able to perform these activities. I will not/my child/ward will not undertake any part of any activity that I/he/she/they cannot physically perform.
I or my child/ward agree to use all safety equipment provided. I or my child/ward agree to follow all existing driving and parking laws and ordinances when either operating my personal vehicle or any FUF vehicle used during these activities. I or my child/ward agree to follow the directions of the FUF manager and/or their delegated assistants.
I hereby give permission for images of myself and/or, as parent or legal guardian, a minor child captured during the Event(s) through video, photo and digital camera, to be used solely for the purposes of the Indemnified Parties’ promotional material and publications, and waive any rights of compensation or ownership thereto.
I am aware of the Covid-19 pandemic and related governmental orders, directives, and guidelines. I or my child/ward agree to abide by those orders, directives, and guidelines. I understand the Indemnified Parties will not be liable for injuries or actions that result from a violation of these policies. I understand that the Indemnified Parties retain the right to refuse participation by volunteers who violate these policies.
I understand that I am/or my child/ward is volunteering amidst the Covid-19 pandemic and that I am/or my child/ward is willingly working in the public right of way at my/her/his/their own risk. I am/or my child/ward is voluntarily participating in these activities with knowledge of the danger involved and agree to assume any and all risks of bodily injury, death, or property damage, whether those risks are known or unknown.
In light of the ongoing spread of Covid-19, individuals who fall within either of the categories below should not engage in the Event(s):
- An individual who currently or within the past ten (10) days experienced any symptoms associated with Covid- 19
- An individual who believes they may have been exposed to a confirmed or suspected case of Covid-19 or who has been diagnosed with Covid-19.
RELEASE AND WAIVER OF CLAIMS
As consideration for being permitted to participate in activities that are part of or associated with the Event(s), I forever release Indemnified Parties from any and all liabilities, causes of action, lawsuits, claims, demands, or damages of any kind whatsoever that I or my child/ward, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, or property damage, related to (i) my/my child/ward’s participation in the Event(s), (ii) the negligence or other acts of any Indemnified Party, whether directly connected to these activities or not, and however caused, or (iii) the condition of the premises where these activities occur, whether or not I am then participating in the activities, to the fullest extent permitted by law. I also agree that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Indemnified Party in connection with any of the matters covered by the foregoing release.
I, on behalf of myself or my child/ward, expressly and knowingly waive all rights under the California Civil Code Section 1542, which provides: “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.”
I, for myself and/or my child/ward, hereby acknowledge that if I am/she/he/they are not an employee of an Indemnified Party, and thereby not entitled to any compensation, health insurance, retirement plans, workers’ compensation insurance, or any other benefits offered by an Indemnified Party to its employees and the Indemnified Parties will not be liable for any of the foregoing, even if it is later determined by a court of competent jurisdiction that I and/or my child/ward herein have or had the status of employee of an Indemnified Party in relation to my/his/her/their volunteer services provided for the Event(s).
From time to time, I may sign other agreements concerning certain activities or events in connection with the Event(s) including without limitation waivers or releases, which are intended to supplement this Waiver and I may have signed a release prior to this Waiver with an Indemnified Party concerning certain the Event(s). This Waiver constitutes the sole and entire agreement of the parties to this Waiver with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to its subject matter. No subsequent waiver or agreement that I sign in any way concerning the Event(s) shall amend, modify or revoke this Waiver, including its waiver and release, unless it specifically references that section to be amended, modified, or revoked.
I further expressly agree that this Release is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
LEGALLY ENFORCEABLE AGREEMENT
I recognize that this Waiver, including the waiver and release provisions, is intended to be an enforceable legal document and that I have had the opportunity to consult with an attorney to answer any questions I may have about this Waiver. I have had sufficient time and opportunity to carefully read and fully understand the provisions of this entire Waiver and having had a sufficient opportunity to consider its terms have chosen to voluntarily enter into this Waiver on behalf of myself or my child/ward. This Waiver is binding on and shall inure to the benefit of myself, my child/ward, and/or the Indemnified Parties and their respective heirs, successors, assigns, and legal representatives. All matters arising out of or relating to this Waiver shall be governed by and construed in accordance with the internal laws of the State of California.
I have carefully read this Waiver and fully understand its contents. I am aware that this is a release of liability and a contract between myself and the Indemnified Parties and sign it of my own free will for myself or my child/ward.