THIS ACTIVITY WAIVER & RELEASE
(this “Agreement”) dated this day of March 22, 2023
The Undersigned (the “Participant”)
OF THE FIRST PART
D31 of 6475 SE 33rd Way Gresham Oregon 97080 (the “Activity Provider”)
OF THE SECOND PART
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant’s participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant signed this Agreement.
Details of Activity
The Participant will participate in the following activity: Any activity or gathering promoted, hosted or sponsored by D31. Spectators are also considered participants.
The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant’s spouse, heirs, executors, administrators, legal representatives and assigns.
Fitness to Participate
The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.
Full and Final Settlement
The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Partic- ipant may sustain while participating in or preparing for the above noted activity.
The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
This Agreement will be governed by and construed in accordance with the laws of the State of Oregon. Emergency Contact
Participant acknowledges that by providing information in this electronic waiver and submitting by electronic delivery systems, all information and signatures bare the same authority as in person permissions. Where applicable, typed names substitute for signatures.
IN WITNESS WHEREOF the Participant and Activity Provider have duly affixed their signatures under hand and seal on this day of March 22, 2023.
PHOTO | MEDIA RELEASE FORM
AND: The Undersigned
(hereinafter called ‘the Photographer’ ) (hereinafter called ‘the Participant ‘) hereby acknowledged by the Model, both parties hereto agree as follows:
DESCRIPTION OF PHOTOGRAPHS. This Agreement applies to any and all photographs in any format, still, single, multiple, moving or video, (herein collectively called ‘the Photographs’) of the Participant and the Participant’s Property made by the Photographer on the session dates vand to all reproductions and modifications of such Photographs.
USE OF THE PHOTOGRAPHS. The Participant hereby consents to and authorizes the use of the Photographs by the Photographer and the Photographer’s authorized representatives, licensees, successors, and assigns for any purpose whatsoever including and without limitation: sale, reproduction in all media, publication, display, broadcast and exhibition for promotion, advertising, trade, art or illustration. The Participant agrees that the Photographs may be used without further compensation for an unlimited time and that this Agreement is irrevocable.
OWNERSHIP AND RIGHTS IN THE PHOTOGRAPHS. The Participant agrees that the Photographs, the copyright in the Photographs and all other rights in the Photographs or copies or reproductions thereof are the sole property of the Photographer and that the Photographer may protect the copyright or dispose of or authorize the use of any or all such rights in any manner whatsoever.
RELEASE OF PHOTOGRAPHER FROM LIABILITY. The Participant releases the Photographer and all other persons entitled under this Agreement to use the Photographs from all liability for libel, invasion of privacy, and all causes of action whatsoever in relation to the Photographs, their making and use, the Participant or the Participant’s property including without limitation any liability for alteration of the Photographs, whether intentional or otherwise, that may occur during the making or subsequent use of the Photographs.
The Participant understands English. The Participant acknowledges reading the entire Agreement in full and attentively prior to signing, and the Participant is perfectly familiar with its contents. This Agreement shall be binding upon the Participant’s heirs, legal representatives, and assigns.
If the Participant is an adult: I, the Participant, warrant and represent that I am not a minor, and do have the legal age or status in my country to sign this Agreement and I am 18 years of age or older on the Photographs session date(s).
If the Participant is a minor: PARENTAL AUTHORIZATION. I warrant and represent that I am the parent or guardian of the Participant above named. I understand English. I have read this authorization, release, and Agreement in full, prior to its execution, and I am perfectly familiar with its contents This Agreement shall be binding upon me and my heirs, legal representatives, and assigns.
Agreement Dated: March 22, 2023
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by my participation and/ or voluntarism with D31, and I willingly engage in D31 events and/or other activities (the “Activity”).
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE SYNERGY DESIGN FIRM AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK.
I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE
I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any D31-Bebold event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) D31-BeBold. (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/ or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Today's Date: March 22, 2023