I, the undersigned, and/or the minor named below, intend to participate in the 2025 GirlTREK walking season. I understand and acknowledge that the dates and locations of treks and races may vary, and I will consult the trek leader for details before I participate. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY BE INHERENTLY HAZARDOUS AND MAY EXPOSE ME TO A VARIETY OF RISKS, BOTH KNOWN AND UNKNOWN, INCLUDING, BUT NOT LIMITED TO, EXERCISE, SPEED WALKING, CROSSING STREETS, TRAIL HIKING, ALLERGIC REACTIONS, AND ANIMAL ENCOUNTERS. I UNDERSTAND THAT PARTICIPATION IN THE ACTIVITIES IS STRICTLY VOLUNTARY AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS ARISING FROM MY PARTICIPATION IN THE ACTIVITIES. FURTHER, THERE MAY BE OTHER RISKS NOT KNOWN TO ME OR REASONABLY FORESEEABLE AT THIS TIME. I UNDERSTAND AND I HAVE CONSIDERED THE RISKS INVOLVED, AND I VOLUNTARILY AND FREELY CHOOSE TO ASSUME SUCH RISKS. In consideration of and as a condition to GirlTREK, Inc. (“GirlTREK”) permitting me and/or the minor named below to engage or participate in any or all of the volunteer activities sponsored or conducted by GirlTREK, its agents or representatives (collectively, the “Activities”), I hereby acknowledge and agree to the following terms of this Release of Liability for Adults and Minors (this “Release of Liability”): General Release: I assume full responsibility for my and, if applicable, my minor’s, participation and agree to comply with all terms, conditions, and rules governing participation. I hereby expressly agree to forever release, discharge and covenant not to sue GirlTREK or its affiliates, officers, directors, employees, volunteers, sponsors, agents, representatives and other participants (each considered one of the “Releasees”) from any and all liability, claims (including negligence claims), losses, damages, costs, expenses or demands presently or in the future against the Releasees, whether based on negligent or injudicious acts or omissions, directly or indirectly arising out of or in connection with the Activities, including, but not limited to, personal injury, disability, death or property damage, or any other legal or equitable theories relating to the Activities or this Release of Liability to the maximum extent permitted by law. I agree not to make or bring any such claim, lawsuit, court action or other legal proceeding or demand against the Releasees, and forever release and discharge the Releasees from liability under any such claim, lawsuit, court action or other legal proceeding or demand. I waive my insurers’ right to make a claim against the Releasees based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against the Releasees. I understand that by signing this Release of Liability, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activities, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS THAT I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH 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. Medical Release: I am aware of and understand the health risks associated with physical activity and exertion, including hiking and long-distance walking/running, and agree to consult a physician prior to participating in the Activities. I understand that GirlTREK does not provide medical coverage. I understand and agree that I am solely responsible for any medical costs that I incur as a result of my participation in the Activities, including but not limited to medical treatment and medical transportation. I give consent and permission to receive emergency medical care and first aid if such care becomes necessary in the opinion of the Releasees in connection with the Activities. I release, forever discharge, and hold harmless the Releasees from any claims whatsoever in connection with such emergency medical care and first aid. I waive my insurers’ right to make a claim against the Releasees based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against the Releasees. Photo & Video Release: I understand that during the Activities, GirlTREK may make photographic, video and/or audio recordings of its Activities and participants, including images captured or recorded using film cameras, digital cameras, video recorders or any other reasonably related devices capable of capturing or recording such images or audio. I hereby grant GirlTREK permission to use my image, likeness, name, voice, or other personal characteristics as recorded in a photograph, on audio or video tape, or other digital media (collectively, “Images”) in any and all of its publications, including web-based publications, without payment or other consideration and without notice to me. I understand and agree that GirlTREK will be the sole and exclusive owner of all right, title, and interest in and to all Images created by or on behalf of GirlTREK, including but not limited to all copyrights and other intellectual property rights therein. I hereby irrevocably authorize GirlTREK to edit, alter, copy, exhibit, publish, or distribute the Images for any lawful purpose. In addition, I waive any right to inspect or approve any changes to the Images. Additionally, I waive any right to royalties or other compensation arising or related to the use of the Images. I represent and warrant that GirlTREK’s use of the Images will not violate the rights of any third parties. On behalf of myself and my heirs, legal representatives, executors, administrators, or any other person or entity acting on my behalf, I hereby irrevocably hold harmless, release, and forever discharge GirlTREK from and against any and all liability in connection with the use of the Images, in whole or in part, including without limitation, any claims, demands, or causes of action under copyright or federal law, or any proprietary right under any state law or under the law of any jurisdiction, including any and all laws relating to the right of privacy and/or the right of publicity. This Release of Liability constitutes the sole and entire agreement of GirlTREK and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Release of Liability is binding on and shall inure to the benefit of GirlTREK and me and our respective heirs, successors, and assigns. In the event of any dispute arising in connection with my participation in the Activity, any such disputes shall be governed by California law, and I hereby submit to such jurisdiction. I represent and warrant to GirlTREK, Inc. that I am of legal age to form a binding contract with GirlTREK, Inc., and I have the authority to enter into this agreement. I have read the above Release of Liability and fully understand its contents, and I voluntarily agree to the terms and conditions stated above. This Release of Liability will be construed broadly to the maximum extent permissible under applicable law. If any portion of this Release of Liability is held invalid or legally unenforceable for any reason, I agree that the remainder of the Release of Liability shall not be affected thereby and shall remain in full force and legal effect.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THE ABOVE TERMS AND CONDITIONS AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, WAIVER, AND CONSENT CONTAINED THEREIN. I FURTHER UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THESE TERMS. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND AGREE TO THESE TERMS FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT. PLEASE NOTE: IF THE PARTICIPANT IS UNDER 18 YEARS OF AGE, A PARENT OR LEGAL GUARDIAN MUST SIGN BELOW.
|