In consideration of being permitted to participate in any way in the LAX Dunes Restoration Events hereinafter called "the Activity", I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue The Bay Foundation, Santa Monica Bay Restoration Commission, State of California, California State Coastal Conservancy, California Department of Fish and Wildlife, California State Lands Commission, Los Angeles County, California Coastal Commission, California Department of Parks and Recreation, Army Corps of Engineers, City of Los Angeles and other municipalities, nor any of their respective officers, employees, and agents (hereinafter collectively referred to as “Released Parties”), from liability from any and all claims including the negligence of Released Parties resulting in personal injury, accidents, or illnesses (including death), and property loss arising from, but not limited to, participation in the Activity.
Assumption of Risks: Participation in the Activity carries with it certain inherent risks that cannot be eliminated, regardless of care taken to avoid injuries. The specific risks vary, but they may range from: 1) minor injuries such as scratches, bruises, and sprains; 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; to 3) catastrophic injuries including paralysis and death. I assume all risks associated with the Activity.
Indemnification and Hold Harmless: I agree to INDEMNIFY AND HOLD the Released Parties HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in the Activity and to reimburse them for any such expenses incurred.
Severability: I, the undersigned, further expressly agree that this waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
COVID-19: I, the undersigned, am aware of the COVID-19 pandemic. I acknowledge that I am aware that COVID-19 is primarily spread person to person by people who are in close contact with one another, defined as within six (6) feet, through respiratory droplets passed by infected persons (who may or may not show symptoms). I agree to follow procedures and policies established by The Bay Foundation in consultation with health agencies to reduce the spread of COVID-19 and protect volunteers, employees, and visitors, including those policies discussed with me in person at an event;
COVID-19: I currently do not have any COVID-19 symptoms identified by the Centers for Disease Control and Prevention (CDC), and I have no known recent exposure (14 days or less) to COVID-19. I will immediately notify the event organizer [TBF] as soon as possible should I develop any symptoms or receive knowledge that I have been or may have been exposed to COVID-19;
COVID-19: I release and forever discharge and hold harmless TBF from any and all liability, claims, and demands of any nature with respect to COVID-19, which arise or may hereafter arise from the services I provide to TBF.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I will listen and adhere to the safety and cultural resource briefing by TBF staff during the event.
Photograph & Video Release Waiver
I hereby grant The Bay Foundation (TBF) permission to the rights the video or picture I own, have taken, or that has my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. These audio and videos will be labeled by TBF for identification.
I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product.
I waive any right to royalties or other compensation arising or related to the use of my image or recording.
I understand that this material may be used in diverse settings within an unrestricted geographic area with the purpose of promoting or enhancing the mission of TBF. By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in a public setting.
I hereby hold harmless and release and forever discharge TBF, and their employees from all claims, demands, and causes of action which I, my heirs, executors, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed as long as it is intended to promote and enhance the mission of TBF.
This release applies to photographic, audio and video recordings that I am a subject in or have taken.
By signing this form I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against TBF, and their employees for utilizing this material.