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LIABILITY WAIVER AND RELEASE OF CLAIMS


LIABILITY WAIVER AND RELEASE OF CLAIMS

I ______________________ (FULL NAME), ACKNOWLEDGE THAT I DERIVE PERSONAL SATISFACTION AND A BENEFIT BY VIRTUE OF MY PARTICIPATION WITH SONOMA VALLEY HEALTH AND RECREATION ASSOCIATION, INC. (“SONOMA SPLASH”), AND I WILLINGLY ENGAGE IN SONOMA SPLASH EVENTS AND/OR OTHER ACTIVITIES (THE “ACTIVITY”). I FULLY UNDERSTAND THAT MY PARTICIPATION AT THE SONOMA SPLASH POOL FACILITY AT SVHS (HEREAFTER SONOMA SPLASH) EXPOSES ME TO THE RISK OF PERSONAL INJURY, DEATH, COMMUNICABLE DISEASES, ILLNESSES, VIRUSES, OR PROPERTY DAMAGE. I HEREBY ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING AT SONOMA SPLASH AND AGREE TO ASSUME ANY SUCH RISKS. I HEREBY RELEASE, DISCHARGE AND AGREE NOT TO SUE SONOMA SPLASH FOR ANY INJURY, DEATH OR DAMAGE TO OR LOSS OF PERSONAL PROPERTY ARISING OUT OF, OR IN CONNECTION WITH, MY PARTICIPATION AT SONOMA SPLASH FROM WHATEVER CAUSE, INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF SONOMA SPLASH OR ANY OTHER PARTICIPANTS IN THE EVENT/CLASS. THE PARTIES TO THIS AGREEMENT UNDERSTAND THAT THIS DOCUMENT IS NOT INTENDED TO RELEASE ANY PARTY FROM ANY ACT OR OMISSION OF “GROSS NEGLIGENCE,-“OR WILLFUL MISCONDUCT AS THOSE TERMS ARE USED IN APPLICABLE CASE LAW AND/OR STATUTORY PROVISION. IN CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN THE EVENT/CLASS, I HEREBY AGREE, FOR MYSELF, MY HEIRS, ADMINISTRATORS, EXECUTORS AND ASSIGNS, THAT I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SONOMA SPLASH AND ALL RELEASED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS, DEMANDS ACTIONS OR SUITS ARISING OUT OF OR IN CONNECTION WITH MY PARTICIPATION IN THE EVENT/ACTIVITY.


RELEASE AND WAIVER

I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST SONOMA SPLASH, SONOMA VALLEY UNIFIED SCHOOL DISTRICT, THEIR 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 ACKNOWLEDGEMENT AND RELEASE. I ACKNOWLEDGE THE HEALTH RISKS

ASSOCIATED WITH THE ACTIVITY, INCLUDING BUT NOT LIMITED TO TRANSIENT DIZZINESS, LIGHTHEADEDNESS, FAINTING, NAUSEA, MUSCLE CRAMPING, MUSCULOSKELETAL INJURY, JOINT PAINS, SPRAINS AND STRAINS, HEART ATTACK, AND STROKE. 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 RECOGNIZE THAT SWIMMING AND DIVING ARE INHERENTLY DANGEROUS ACTIVITIES AND CARRY WITH THEM THE RISK OF SERIOUS AND POSSIBLY PERMANENT INJURY AND DEATH. 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.


I AUTHORIZE SONOMA SPLASH TO CALL EMERGENCY MEDICAL SERVICES (EMS) IN CASE OF EMERGENCY. I UNDERSTAND THAT DURING USE OF THE POOL AND FACILITIES, I MAY BE PHOTOGRAPHED. I AGREE TO ALLOW PHOTO, VIDEO OR FILM LIKENESS TO ME TO BE USED FOR ANY LEGITIMATE PURPOSE BY THE PROGRAM OFFICIALS, PRODUCERS, SPONSORS, ORGANIZERS, OR ASSIGNS.

LASTLY, I AGREE AND ABIDE BY THE RULES AND REGULATIONS OF SONOMA SPLASH.

I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY

AND SIGN IT ON MY OWN FREE WILL.

February 29, 2024

DATE

SIGNATURE/ PARENT OR GUARDIAN (IF UNDER AGE 18)

DECLARATION


I, ____________________________________________________, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE PARENT OR LEGAL GUARDIAN OF MINOR. I FURTHER DECLARE THAT I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SONOMA SPLASH AND ALL RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS RESULTING FROM, INCIDENT TO, OR ARISING OUT OF MINOR’S PARTICIPATION IN THE EVENT/CLASS, ANY AND ALL RISKS ASSUMED BY MINOR AND ME ABOVE, AND/OR THE BREACH OF ANY PROMISES, COVENANTS, AND/OR REPRESENTATIONS MADE BY ME HEREIN AND/OR IN THE ABOVE RELEASE, AND THAT, ON BEHALF OF MINOR, I FULLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS LIABILITY WAIVER AND RELEASE OF CLAIMS BOTH ON MINOR’S BEHALF AND ON MY OWN BEHALF.

BY:

SIGNATURE OF PARENT/LEGAL GUARDIAN


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