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2023-24 WAIVER AND RELEASE OF LIABILITY

In exchange for being allowed to participate as a Billion Oyster Project Participant in the activities, I agree as follows:

1. Assumption of Risk: I understand and agree that the activities may include without limitation building mesh oyster cages, welding reef structures, water quality testing, oyster monitoring, shell washing, boating, contact with other individuals and bagging, public outreach, organization of supplies and other oyster restoration activities on land, on piers, on docks, on gangways, on ladders, on vessels and/or in water (together with any virtual versions of the foregoing, any actions of other participants or other participant activities in which I participate, the “Participant Activities”). I understand that certain of the Participant Activities may be hazardous and involve inherent risks. I agree to abide by the Billion Oyster Project, Inc.’s safety rules and procedures while participating in Participant Activities. I assume the risk of injury or harm from the Participant Activities and release Billion Oyster Project, Inc. and its directors, officers, employees, agents and representatives (the “Releases”) from all liability for injury, illness, death, property damage or property theft resulting from the Participant Activities.

2. Medical Treatment: If I am injured and require medical attention, I give consent to the Releases to obtain emergency medical treatment on my behalf. I release and discharge the Releasees from any claim which may arise on account of any first aid, treatment or service rendered in connection with the Participant Activities.

3. Photographic Release: I understand and agree that during the Participant Activities, I may be photographed and/or videotaped by the Releases for internal and/or promotional use, and I hereby give my consent to the Releasees to use any such photographs or recordings in a video, brochure, website, or social media.

4. Waiver and Release: I hereby release and forever discharge and hold harmless the Releases from any and all liability claims, causes of action, and demands of whatever kind or nature, either in law or in equity, that may be made by me, my family, estate, executors, administrators, next of kin, heirs, successors or assigns arising from, resulting from or in connection with the Participant Activities, including without limitation, any claims, demands or causes of action that I may have against the Releasees with respect to any bodily injury, personal injury, illness, death, property damage or property theft or actions of any kind that may accrue to me as a result of the Participant Activities wherever, whenever, or however the same may occur, whether or not caused in whole or in part by the negligence of the Releasees. I agree to indemnify and hold harmless the Releasees for all claims arising out of my participation in the Participant Activities and covenant not to sue the Releasees with respect to these actions, events and activities. I understand that the Releasees do not assume any obligation to provide financial or other assistance, including but not limited to medical, health or disability insurance.

5. Governing Law; Jurisdiction. This Waiver and Release shall be governed by and interpreted according to the laws of the State of New York without recourse to the laws pertaining to conflict of laws. Any action brought in connection with this Waiver and Release shall be brought in the federal or state courts located in the borough of Manhattan, City of New York, and I hereby irrevocably consent to the jurisdiction of such courts.

6. Entire Agreement: This Waiver and Release represents the full understanding between me and the New York Harbor Foundation and supersedes all other prior agreements, understandings, representations and warranties both written and oral, between us, with respect to the subject matter hereof. This Waiver and Release may not be modified without an agreement in writing signed by both parties.

I HAVE READ AND UNDERSTOOD THIS WAIVER AND RELEASE. I CERTIFY THAT I AM PHYSICALLY AND MENTALLY FIT TO TAKE PART IN ALL PARTICIPANT ACTIVITIES, UNDERSTAND THE NATURE OF THE RISKS THAT MAY ARISE FROM SUCH ACTIVITIES AND VOLUNTARILY ASSUMES ALL SUCH RISKS.

Today's date: October 12, 2024

Billion Oyster Project • 10 South Street, Slip 7 • New York, NY 10004 • https://www.billionoysterproject.org/

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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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*

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 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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