WHEREAS, the Nonprofit desires to conduct the Event, including various activities, which will be discussed in this Agreement.
WHEREAS, I, as a participant, seek to attend the Event and participate in the various activities the Nonprofit plans to offer in the Event (“Event Activities”), or, I seek to have the minor(s) identified above, for whom I am a parent or guardian, attend the Event and participate in the Event Activities, but I will not be physically present at the Event.
WHEREAS, Nonprofit requires me, and I desire, to execute this waiver of liability in order to allow me to attend the Event and participate in the Event Activities, or execute this waiver of liability in order to allow the minor(s) identified above, for whom I am a parent or guardian, to attend the Event and participate in the Event Activities.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, Nonprofit and Participant intending to be legally bound agree as follows:
1. LICENSE TO ENTER. Subject to the terms of this Agreement, the Nonprofit agrees to grant me, and/or any minors identified above for whom I am a parent or guardian (“Children” and/or “Ward(s)”), permission to access the Event.
I understand that this permission to access is contingent on my, and the minors identified above (if applicable), compliance with all applicable laws, and with the terms of this Agreement including but not limited to obeying any instructions the Nonprofit provides either in this Agreement or hereafter. I understand that if I or, the minor(s) identified above, fail to abide by any applicable laws, or any instruction the Nonprofit provides in connection with the Event, the Nonprofit may, at its sole discretion, revoke its permission to access the Event – requiring me and/or my Child(ren) and/or Ward(s) to immediately leave the Event in a manner in keeping with the Nonprofit’s further instructions.
2. TERM. The term of this Agreement shall commence upon execution (the Execution Date below), and shall continue unless terminated as herein provided (“Term”)
3. NO FEE FOR ENTRY. I acknowledge that I, and/or the minor(s) identified above, am/are being admitted without an entry fee. I understand that one condition for admission without such a fee is full execution and continuing compliance with this Agreement.
4. EVENT ACTIVITIES AND ASSUMPTION OF RISK. I understand that various activities will be conducted during the Event, and that each of these activities poses certain inherent risks, including but not limited to death, personal injury, and illness from COVID-19 or other communicable diseases. I affirm I will carefully consider the risks inherent in any Event Activity prior to participating in or permitting my Child(ren) or Ward(s) to participate in that or any other Event Activity.
For all Event Activities, I also agree that I assume full responsibility for death, personal injury, illness to me and/or my Child(ren) and/or Ward(s) while participation in the Event occurs (i.e., being in the Event Location on the Event Date). Further, I release and discharge the Nonprofit and its affiliates for death, personal injury, illness, loss, or damage resulting from my presence or participation – and/or that of my Child(ren) and/or Ward(s) - in the Event and any Event Activities, whether caused by the fault of me, or my Child(ren) and/or Ward(s), or Nonprofit or third party, or any combination thereof.
I understand that the Nonprofit may revoke my permission and/or my Child(ren) and/or Ward(s) permission to access the Event under Section 1 of this Agreement. I further understand and agree that even in the event of such a revocation and the effective termination of my rights of access to the Event under this Agreement, my obligations under this Section 4 and the following Section 5 will continue in perpetuity.
5. PERMISSION FOR EMERGENCY MEDICAL TREATMENT. In the event of an emergency, every effort will be made to contact a parent/guardian or emergency contact listed on page 1 above. If no contact can be made, I hereby give authorization to the Nonprofit to seek treatment for me/my Child(ren)/Ward(s) by a licensed physician pursuant to California Family Code Section 6910 and California Civil Code Section 25.8.
6. INDEMNIFICATION. At sole discretion of the Nonprofit, I agree to indemnify and defend the Nonprofit against all claims, causes of action, damages, judgments, costs and/or expenses, including attorney’s fees and other litigation costs, which may in any way arise from my or my Child(ren) and/or Ward(s) presence at or participation in the Event and any Event Activities.
7. PENALTIES. At sole discretion of the Nonprofit, I agree to pay for damages to other participants and vendors in the Event caused by any negligent, reckless, or willful actions by me or my Child(ren) and/or Ward(s).
8. NOTICES. All notices or other communications required or permitted hereunder must be in writing, and must be personally delivered, sent by overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested or if by electronic mail (“e-mail”), with electronic confirmation to the addresses provided in the signature block of this Agreement.
9. MEDIATION/ARBITRATION. Except to the extent explicitly provided by the terms of this Agreement and under applicable law, disputes under this Agreement shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) or such other arbitral body as the Nonprofit deems appropriate, and that judgment on any award and rendered by the arbitrator may be entered in any court having jurisdiction thereof. If all parties agree, they may endeavor first to settle the dispute by mediation with a mediator acceptable to both parties, under procedures acceptable to both parties (or by default, the AAA Commercial Mediation Procedures). If all parties to the dispute agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator. In the event the dispute cannot be resolved via mediation (or the parties decline mediation), and the amount in controversy is less than $15,000, the arbitration of such a dispute shall be conducted under the Expedited Procedures of the AAA.
10. MISCELLANEOUS.
10.1. Severability. If any term or provision of this Agreement will be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law.
10.2. Waivers. No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision contained herein. No extension of time for performance of any obligation or act will be deemed an extension of the time for performance of any other obligation or act.
10.3. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the permitted successors and assigns of the parties hereto. I agree that the Nonprofit may assign this Agreement at its sole discretion.
10.4. Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder related to this Agreement, then in that event the prevailing party will be entitled to have the recovery of and from the other party all costs and expenses of the action or suit, actual attorneys’ fees, witness fees and any other professional fees resulting therefrom.
10.5. Entire Agreement. This Agreement, along with any Exhibits and Amendments hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and may not be modified except by an instrument in writing signed by the party to be charged.
10.6. Governing Law. The parties hereto expressly agree that this Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California, and the validity thereof shall be governed by the laws of the State of California applicable to contracts entered in and performed entirely within the State of California, without regard to any conflict of laws principles.