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Malibu Elementary School Beautification Event

Malibu Foundation, MES, and the MES PTA

The following forms (Volunteer Registration, Release of Liability, & Coronavirus Liability Release)  MUST be completed and filled out in their entirety before you or your family can partake in volunteering.

Any questions regarding these forms can be directed to info@themalibufoundation.org

Release of Liability

MALIBU FOUNDATION ACTIVITY ACKNOWLEDGMENT & ASSUMPTION OF ALL RISKS, RELEASE OF LIABILITY, PHOTO RELEASE, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT 

This ACTIVITY RELEASE AND WAIVER OF LIABILITY, COVENANT NOT TO SUE, ACKNOWLEDGMENT &; ASSUMPTION OF RISKS, AND INDEMNIFICATION AGREEMENT (“Release") is entered into by the undersigned in favor of Malibu Foundation (the “Foundation"), ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, STUDENTS AND GUESTS INVOLVED IN CONDUCTING ACTIVITIES and ALL LANDOWNERS ON WHOSE PROPERTY ACTIVITIES MAY OCCUR (the "Released Parties"). In consideration of being permitted to spectate and participate in activities conducted by the Foundation, and to use facilities by Released Parties, I acknowledge and agree as follows: 

1. ACKNOWLEDGEMENT AND ASSUMPTION OF ALL RISKS. As it is an outdoor event, I may encounter dangers due to terrain, weather, thunder, lightning, rocks, ditches, obstacles man-made and natural, traffic, bees and insects, wild and domestic animals, as well as allergic reactions to dust, insects, animals or vegetation. I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, PHYSICAL OR MENTAL ILLNESS, DISEASE OR DEATH TO MYSELF, INCLUDING FINANCIAL LOSSES (INCLUDING LOSS OF EARNING CAPACITY) AND DAMAGE OR DESTRUCTION OF PROPERTY OWNED BY ME OR IN MY CARE, RESULTING FROM ACTIVITIES OF THE EVENT, INCLUDING RISKS KNOWN OR UNKNOWN AND INCLUDING RISKS CAUSED BY THE ACTIVE, PASSIVE OR SOLE NEGLIGENCE OF THE RELEASED PARTIES OR OMISSIONS OR HIDDEN, LATENT OR OBVIOUS DEFECTS OF ANY PROPERTY.

2. RELEASE OF LIABILITY, INCLUDING LIABILITY FOR NEGLIGENCE. On behalf of myself, my family, heirs, estate, distributees, guardians, legal representatives and assigns, I HEREBY VOLUNTARILY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES AND EACH OF THEM FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION AND LIABILITIES based on any injury, disability, illness, disease, death, financial loss, property loss or damage, or other harm suffered by me, or by any third person for which I may be held responsible, that may result from my participation in or being in the vicinity of activities conducted by the Foundation, WHETHER CAUSED BY THE ACTIVE, PASSIVE OR SOLE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

3. PHOTO RELEASE. For valuable consideration received, I hereby grant to Malibu Foundation and Released Parties the irrevocable and unrestricted right to use and publish photographs or video of me, or in which I may be included, for editorial trade, advertising and any other purpose and in any manner and medium; and to alter the same without restriction. I hereby release photographer and his legal representatives and assigns from all claims and liability relating to said photographs.

4. COVENANT NOT TO SUE. I WAIVE ANY RIGHT TO PRESENT ANY LEGAL CLAIM OR SUIT against the Releasees, whether based on negligence, breach of contract, breach of warranty, strict product liability, dangerous condition of property, or any other legal theories.

5. INDEMNIFICATION. I AGREE TO FOREVER DEFEND, INDEMNIFY AND HOLD HARMLESS each of the Released Parties from and against any and all claims, suits, costs or expenses of any kind including attorney fees and expert and consultant fees resulting from Foundation activities REGARDLESS OF FAULT AND WHETHER OR NOT CAUSED BY THE ACTIVE, PASSIVE, OR SOLE NEGLIGENCE OF THE RELEASED. This obligation to defend, indemnify and hold harmless equally binds my heirs, assigns and representatives in the event of my death or incapacity. I FURTHER AGREE TO FOREVER INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from and against any claim of any person whom I bring or invite to the Foundation or otherwise permit to be in the vicinity of the Foundation, REGARDLESS OF FAULT AND WHETHER OR NOT CAUSED BY THE ACTIVE, PASSIVE, OR SOLE NEGLIGENCE OF THE RELEASED.

6. CALIFORNIA LAW GOVERNS. ANY CLAIM MUST BE BROUGHT IN LOS ANGELES COUNTY. This contract is governed by California law. Any claim against the Released Parties is governed by California law and must be brought in Los Angeles County, California, even if the injury occurred outside Los Angeles County. 

7. RELEASED MAY COMPEL ARBITRATION. In the event any claim or controversy arises out of the activities at the Foundation, the Released Party involved in the claim or controversy may elect to have the claim or controversy submitted to binding arbitration before a single arbitrator chosen in accordance with the rules of the American Arbitration Association who shall be an attorney admitted to practice in California for at least 15 years. The arbitration shall be conducted pursuant to the provisions of the California Code of Civil Procedure relating to the conduct of arbitration proceedings. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM WAIVING MY RIGHT TO A JURY TRIAL.

8. AGREEMENT TO PAY FOR EMERGENCY MEDICAL TREATMENT. I agree that should medical treatment be required, I SHALL PAY FOR ALL SUCH MEDICAL EXPENSES. 

9. SEVERABILITY. I understand that this Release is intended to be as broad and inclusive as permitted by the law of the State of California. If any provision of this Release is held to be unenforceable, such provision shall be excluded and the balance of the Release shall be enforced in accordance with the remaining terms.

10. LEGALLY BINDING. I have read this Release and understand that I am giving up legal rights, including my right to sue. I have executed it knowingly and voluntarily without relying on any statement or representation of any Released Party. I understand that this is a binding legal document which supersedes any other agreement.

11. PARENTS / GUARDIANS MUST SIGN FOR MINORS. I represent that I am 18 years of age or older and am legally competent to enter into this Release for myself. If signing for a minor, I represent that I am the parent or duly appointed legal guardian of the minor for whom I am signing this Release.

12. CORONAVIRUS / COVID-19 WARNING & DISCLAIMER. Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in Malibu Foundation programs or accessing Released Parties facilities could increase the risk of contracting COVID-19. Malibu Foundation in no way warrants that COVID-19 infection will not occur through participation in Malibu Foundation programs or accessing Released Parties facilities. 

I HAVE CAREFULLY READ THIS RELEASE AND AGREE TO ALL OF ITS TERMS ON November 18, 2024

I Agree

 

First Parent/Legal Guardian Name

First Name*

Last Name*

Phone*
First Parent/Legal Guardian Age Acknowledgment*
First Parent/Legal Guardian Date of Birth*
I certify that I am 18 years of age or older
First Parent/Legal Guardian Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
First Parent/Legal Guardian Signature*
Second Parent/Legal Guardian Name

First Name*

Last Name*

Phone*
Second Parent/Legal Guardian Date of Birth*
Second Parent/Legal Guardian Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
Third Parent/Legal Guardian Name

First Name*

Last Name*

Phone*
Third Parent/Legal Guardian Date of Birth*
Third Parent/Legal Guardian Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
Fourth Parent/Legal Guardian Name

First Name*

Last Name*

Phone*
Fourth Parent/Legal Guardian Date of Birth*
Fourth Parent/Legal Guardian Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
Fifth Parent/Legal Guardian Name

First Name*

Last Name*

Phone*
Fifth Parent/Legal Guardian Date of Birth*
Fifth Parent/Legal Guardian Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
Sixth Parent/Legal Guardian Name

First Name*

Last Name*

Phone*
Sixth Parent/Legal Guardian Date of Birth*
Sixth Parent/Legal Guardian Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
Seventh Parent/Legal Guardian Name

First Name*

Last Name*

Phone*
Seventh Parent/Legal Guardian Date of Birth*
Seventh Parent/Legal Guardian Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
Eighth Parent/Legal Guardian Name

First Name*

Last Name*

Phone*
Eighth Parent/Legal Guardian Date of Birth*
Eighth Parent/Legal Guardian Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
Ninth Parent/Legal Guardian Name

First Name*

Last Name*

Phone*
Ninth Parent/Legal Guardian Date of Birth*
Ninth Parent/Legal Guardian Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
Tenth Parent/Legal Guardian Name

First Name*

Last Name*

Phone*
Tenth Parent/Legal Guardian Date of Birth*
Tenth Parent/Legal Guardian Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and more fun events coming up from Malibu Foundation!
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. 

While precautions will be taken, Malibu Foundation ("MF") and Malibu Elementary School ("MES") cannot guarantee that you or your child(ren) will not become infected with COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending SIS and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, MES volunteers, MF volunteers, and other program participants and their families. 

I also understand that if myself or my child(ren) has been exposed to anybody who has currently been diagnosed with COVID-19, or anyone that thinks they may have, that I will not participate in the event.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child may experience or incur in connection with my or my child(ren)'s attendance. On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless MF and MES, its volunteers, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of MF and MES, its agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the event.

I acknowledge that myself and my child(ren)'s participation is completely voluntary.


Full Name *
I agree that I understand the requests of this release and agree to the information provided. *
Agreed
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Agreement
Do you understand that you are solely responsible for any minors accompanying you to the event?*
Yes
Do you understand that you and all accompanying minors should wear closed-toe shoes to the event?*
Yes

Please enter your home zip code *
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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