ASSUMPTION OF RISK, RELEASE OF LIABILITY, COVENANT NOT SUE AND
For valuable consideration and to induce permission to participate in the following designated Activity, the undersigned agrees to the following terms and makes the following warranties:
1. ACTIVITIES AND ASSOCIATED RISKS: I have chosen to participate in the following Activity:
(hereinafter referred to as “The voice of CUAAASC”), which is organized by Chinese University Alumni Association Alliance of Southern California (CUAAASC), a non-profit corporation organized and existing under the laws of the State of California. I understand that:
1）the Activity is hazardous, and I may be exposed to inherent dangers and hazards, including but not limited to some of the following (depending on the nature of the Activity): falls, falling rocks and objects, fractures, concussions, dangerous or unanticipated weather, overexertion, overheating, injuries from my lack of fitness or
conditioning, unpredictable ocean and river currents, hypothermia, hostile or aggressive wildlife, venomous or disease-carrying animals or insects, communicable diseases, exposure to allergens which could cause life-threatening reactions, death, equipment failures, and negligence of others;
2） as a consequence of these risks and other risks associated with the Activity that may not be listed here, I may be seriously ill, hurt, disabled or may die from the resulting injuries, and/or my property may also be damaged;
3）hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited or unavailable during portions of the Activity; and
4）CUAAASC assumes no responsibility for providing medical care during the Activity, and I will have to pay for any medical care.
5） COVID-19 related risks: The undersigned is aware of and acknowledges the serious risks from exposure to COVID-19 in participating in the Activity and health risks concerning COVID-19. I hereby choose to accept the risk of contracting and/or spreading COVID-19 for myself and/or my guests in order to be allowed to participate in the Activity. I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to Participate in the Event.
2. ASSUMPTION OF THE RISKS: I hereby freely assume the inherent risks, risks listed above, as well as any other risks not listed that are part of the Activity, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity—including without limitations, contracting or spreading COVID-19, any injury, illness, or loss caused by the negligence of CUAAASC, its
officers, directors, members, its agents and contractors, and other Activity participants. I also understand that any equipment that I provide or may borrow or rent from CUAAASC or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
3. RELEASE OF LIABILITY: I hereby RELEASE CUAAASC, its officers, directors, members, its agents and contractors, the providers of any equipment used in the Activities and land owners of the Activity (“Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, illness, death,
loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims that California law does not permit to be released by Agreement. I also agree NOT TO SUE or make
a claim against the Released Parties for death, injuries, loss or harm that occur during the Activities or are related in any way to the Activities.
4. MEDICAL TREATMENT: I hereby RELEASE AND FOREVER DISCHARGE CUAAASC from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with my participation of the Activity.
5. INSURANCE: I understand that CUAAASC does not assume any responsibility or obligation to provide me with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance. I expressly waive any such claim for compensation or liability on the part of CUAAASC.
6. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the
Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity.
7. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activity provided to me and to follow directions given to me by CUAAASC.
8. USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre- approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to CUAAASC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
9. SEVERABILITY: I agree that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY as broad and inclusive as is permitted by California law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
10. APPLICABLE LAW AND ATTORNEY’S FEES: This Agreement shall be construed in accordance with the laws of the state of California, without any reference to its choice of law rules. In the event that any disputes arise out of or in connection with this Agreement, the prevailing party is entitled to attorney’s fees and costs.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. BY SIGNING BELOW, I EXPRESS MY UNDERSTANDING AND INTENT TO ENTER INTO THIS RELEASE OF LIABILITY
WILLINGLY AND VOLUNTARILY.
Signature of Participant: ______________________Date: _____________________
Name Printed: ____________________________Date of birth: _________________
If participant is a minor, signature of parent or responsible adult is required below: In consideration of the minor child being permitted to participate in the Activity, I accept and agree to the full contents of this Agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding these Activity. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, illness, death, loss or harm that occurs to the minor child during the Activity or in any way related to the Activity.
Parent/Responsible Adult Signature: _________________________Name Printed:_______________
(Relationship): _____________________________________________ Date:_______________________