Cart is empty WAIVER, RELEASE, INDEMNIFICATION AND HOLD HARMLESS FORM
(ADULT AND MINOR PARTICIPANTS)
I, the undersigned, certify that I am 18 years of age or over, that I am the parent or legal guardian of the above-listed Participant, legally authorized to agree on this instrument on behalf of Participant. I request, permit, and consent to Participant’s participation in the above-referenced program or event (“Program”). I certify and represent that I am aware of no medical condition or physical or mental impediment of Participant that would endanger Participant when participating in the Program. I understand that the Program involves the risk of accident and bodily injury, death, or property damage to Participant, and I agree to assume such risks.
I also understand that an inherent risk of exposure to COVID-19 exists in any public space where people are present, including with respect to participation in the Program. I acknowledge that COVID-19 is an extremely contagious disease that can lead to severe illness and death. I voluntarily assume all risks of exposure to COVID-19 or any variant thereof related to Participant’s participation in the Program, and I assume sole responsibility therefor and agree to hold harmless the Spirit of Mesopotamia, its officers (elected and appointed), agents and employees (collectively, “The Spirit of Mesopotamia” and individually, “The Spirit of Mesopotamia Party”) in connection therewith. Participant is voluntarily seeking to participate in the Program notwithstanding these risks.
I acknowledge, on behalf of Participant, that Participant must comply with all applicable federal, state and local laws and guidelines related to preventing the spread of COVID-19 in connection with Participant’s participation in the Program, including but not limited to (i) adhering to entry screening conducted in accordance with Orange County’s Public Health Services guidance and protocol and (ii) practicing social distancing and wearing face masks when required and to the maximum extent feasible, and I further acknowledge, on behalf of Participant, that even where Participant is in full compliance with such laws and guidelines, there is no guarantee that Participant will not become infected with COVID-19 or any variant thereof as a result of Participant’s participation in the Program.
In consideration for Participant’s participation in the Program, I hereby waive, release and discharge the Spirit of Mesopotamia and each Spirit of Mesopotamia Party from and against any and all claims or liabilities to Participant or any other person, including but not limited to claims or liabilities for bodily injury, illness, death, or property damage, arising from or related in any way to Participant’s participation in the Program, including the negligence of the Spirit of Mesopotamia or any other participants in the Program, and I agree to waive my rights to make any such claims through any action or proceeding against the Spirit of Mesopotamia. However, I understand that this paragraph is not intended to release any party from any act or omission of “gross negligence.”
I acknowledge and agree that the Spirit of Mesopotamia is not responsible for providing medical treatment or medication of any kind to Participant, or for supervising Participant, during or in connection with Participant’s participation in the Program or otherwise. However, I hereby authorize, consent to, and waive any claim related to The Spirit of Mesopotamia or any “The Spirit of Mesopotamia” Party seeking, administering, or arranging or providing for emergency medical treatment or medication to or for Participant in the event The Spirit of Mesopotamia or The Spirit of Mesopotamia Party determines the need has arisen during or in connection with Participant’s participation in the Program.
I hereby grant The Spirit of Mesopotamia the right to photograph or video-record-Audio Participant during or in connection with the Program, and to use Participant’s photographed or video-recorded likeness, and any image, silhouette, or reproduction of the voice or appearance of Participant taken during or in connection with the Program (“Likeness”), for any purpose, including public The Spirit of Mesopotamia and promotion of The Spirit of Mesopotamia and its events, and creation or production of materials in any form for such purpose, with no claim of entitlement to any license fee or royalty of any kind from The Spirit of Mesopotamia . I hereby waive any right to the intellectual property of Participant’s Likeness. The rights granted by me hereunder shall not expire.
In giving the foregoing releases and waivers, I expressly waive any and all rights conferred upon me by the provisions of California Civil Code Section 1542, which I understand 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.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, that may arise from or relate in any way to Participant’s participation in the Program.
To the full extent permitted by law, I agree to hold and save The Spirit of Mesopotamia
and each The Spirit of Mesopotamia Party harmless from any and all actions, claims, proceedings, damages to persons or property, losses, costs, fees, expenses, forfeitures, penalties, obligations, errors, omissions or liabilities, whether actual or threatened, that may be asserted or claimed by any person, firm or entity (“Claims”) arising out of or in connection with Participant’s participation in the Program, and to defend and indemnify The Spirit of Mesopotamia and each The Spirit of Mesopotamia Party from and against all Claims arising from the negligence or intentional misconduct of Participant or me in connection with Participant’s participation in the Program. This obligation shall be binding on my heirs, successors and assigns and shall not expire.
No oral representations, statements or inducements, apart from this written form, have been made with regard to the subject matter of this form. If any portion of this form is declared invalid by a court of competent jurisdiction, the remainder shall continue in full force and effect.
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