In consideration of being allowed
to participate in any way in the Orange County Cleanup and the related event
and activities during the period of October 18, 2022, I the undersigned
(“Participant”), acknowledge, appreciate, and agree that:
1. I am donating my time and
services without any compensation and shall at no time be considered an
employee or independent contractor of, American Rivers, Inc. for this event. I
hereby acknowledge that I have not experienced any COVID-19 symptoms or any
communicable disease symptoms within the last 5 days as set forth by the Center
for Disease Control and Prevention (CDC). Further, I have not been, nor has any
member of my household been, diagnosed with COVID-19 within the past 5 days. If
I have been exposed to or tested positive for COVID-19, I am following CDC
protocol for quarantine and isolation.
2. I understand that American
Rivers, Inc. and Orange County Coastkeeper (collectively,
“Releasees”) do not require me to participate in these activities. The risk of
injury from the activities involved in this program may be significant,
including the potential for permanent paralysis and death. I knowingly and
freely assume all such risks, both known and unknown, even if arising from the
negligence of the Releasees or others, and assume full responsibility for my
participation and personal safety.
3. I willingly agree to comply
with terms and conditions for participation. If I observe any unusual and
significant hazard during my presence or participation, I will remove myself
from participation and bring such to the attention of the nearest official
immediately. In the event of an emergency, I authorize Releasees’ employees or
agents to secure any treatment deemed necessary for my immediate care from any licensed
hospital, physician, or medical personnel. I agree that I will be responsible
for payment of any and all medical services rendered.
4. I, for myself and on behalf of
my heirs, assigns, personal representatives and next of kin, hereby release,
waive, discharge, indemnify, and hold harmless Releasees and their officers,
agents and/or employees, other participants, sponsors, advertisers, partners,
and, if applicable, owners and lessors of premises used to conduct the event,
from any and all claims, demands, losses, and liability arising out of or
related to any injury, hospitalization, disability, or death I may suffer,
including that arising from my contracting or transmitting COVID-19 while
participating in this activity or while using facilities in conjunction with
this activity, or loss or damage to person or property, whether arising from
the negligence of the Releasees or otherwise, to the fullest extent permitted
by law.
5. I hereby acknowledge that I
have been advised to consult a physician before engaging in such activities and
that I am aware that my participation in this activity may present risks to my
personal health and illness, such as, but not limited to contracting COVID-19,
which in turn may cause injury, disability, death, hospitalization, or other
adverse health effects. I fully understand the risks inherent to my
participation in this activity and that I may be exposed to and contract
COVID-19 while participating in this activity even if preventative measures are
taken.
6. Any dispute between American
Rivers and me will be governed by the substantive laws of the District of
Columbia. Any action or proceeding arising hereunder shall be brought in the
courts of the District of Columbia.
7. I grant to Releasees and their
employees or agents the right to take photographs at this event of me and of
any minor participants for which I am the parent or guardian. I authorize
American Rivers, its assigns and transferees to use such photographs, with or
without names, for any lawful purpose, including for example such purposes as
publicity, illustration, advertising, and Web content, and to copyright, use
and publish the same in print and/or electronically.