PHILADELPHIA ORCHARD PROJECT WAIVER OF LIABILITY AND EXPRESS ASSUMPTION OF RISK (PLEASE READ CAREFULLY) I understand that visiting, planting or maintaining orchards involves inherent risks, including but not limited to the risks of injury or infection as a result of contact with detritus found on the site or due to over-exertion or environmental conditions. I hereby personally assume all risks in connection with the Event for any harm, injury or damage that may befall me as a participant. I understand that the terms herein are contractual, that this instrument is legally binding, and that I have signed this document of my own free will. By signing this waiver I exempt and release the Philadelphia Orchard Project (POP) from all liability or responsibility whatsoever for personal injury, property damage or wrongful death arising out of participation in this activity, including both claims arising during the activity or after I complete the activity and claims of negligence, whether passive or active, of POP. I hereby certify that I fully informed myself of the contents of the POP Waiver by reading it before I sign it on behalf of myself & my heirs, and that I am consequently aware of the inherent hazards of planting & maintaining urban orchards. This waiver shall be effective at all POP orchards, from the date of signature until December 31, 2023. (In other words, participants are requested to sign this waiver once per season for participation in POP events) Photo/video release: I grant POP the right to take photographs and video of me during the activity identified above. I authorize POP to copyright, use and publish the same in print and/or electronically. I agree that POP may use such photographs and video of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content. Note: If you do not want to be photographed or filmed, please indicate when you sign the form below. COVID-19 Waiver and Release COVID-19 is a contagious virus that spreads easily through person-to-person contact. Federal authorities and the State of Pennsylvania recommend social distancing to prevent the spread of COVID-19. Contracting COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Use of POP facilities or participation in POP programs could increase the risk of you or your child contracting COVID-19. I have read the above notice carefully and acknowledge receipt of a copy thereof. In consideration of the benefits received, I understand and appreciate the risks that are inherent in using POP facilities and/or participating in POP programs, and hereby assume all risks of illness, including death, that I may sustain while participating in or as a result of, or in any way growing out of the use of POP facilities and/or the participation in POP programs. I hereby assert that my use and/or participation is voluntary and that I knowingly assume all such risks. I hereby agree to release and forever discharge POP, and its officers, agents and employees of any and from all claims, demands, rights and causes of action of whatever kind or nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen illness, and the consequences thereof, resulting from or an any way connected to any use of POP facilities and/or participation in POP programs. I HAVE READ AND UNDERSTOOD THE FOREGOING ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS FORM I MAY BE WAIVING VALUABLE LEGAL RIGHTS.
|