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: November 14, 2024 Billion Oyster Project • 10 South Street, Slip 7 • New York, NY 10004 • https://www.billionoysterproject.org/ |