I have read the GirlTrek, Inc. website. I, the undersigned, and/or the minor named below, will participate in the __________ (enter current year) GirlTrek walking season. I understand that the dates and locations of treks and races may vary and will consult the trek leader for details before I participate.
In consideration of 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, hereby 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. 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 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.
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.
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.
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 and convey to GirlTrek an irrevocable and permanent right, title, and interest to use my image, likeness, voice, statements and other identifying characteristics (collectively, “Image”) in any such recordings which may include me, including any economic or other benefits received from their use, without any compensation, notification, request or additional permission from me. I waive any right I may have to inspect and/or approve the use of any such recordings or any reproductions thereof, and I agree that GirlTrek is not obligated to make any use of my Image or exercise any of the rights granted to it. I waive and release any and all right of privacy and publicity, and any and all claims to compensation or damages or of violation of intellectual property rights, in connection with the use of any such records and my Image therein.
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, I agree that the remainder of the Release of Liability shall remain in full force and legal effect.
PLEASE NOTE: IF THE PARTICIPANT IS UNDER 18 YEARS OF AGE, A PARENT OR LEGAL GUARDIAN MUST SIGN BELOW.