Waiver & Release of Liability Agreement To Participate in an Adaptive Sport Event, Activity, Clinic or Program
AGREEMENT, WAIVER AND RELEASE
1. I agree to observe and obey all rules and warnings, and further agree to follow any oral instruction or directions provided by Desert Ability Center (DAC), volunteers and coaches.
2. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge DAC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities contracted for this event, whether caused by the fault of myself, my family, DAC or other third parties.
3. I agree to indemnify and defend DAC against all claims, causes of action, damages, judgments, costs of expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence at the event.
4. The parties to this agreement understand that this document is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and /or statutory provision.
5. I agree to pay for all damages to the facilities or equipment of DAC caused by my or my family’s negligent, reckless, or willful action.
In consideration for being permitted to participate in the event/class and/or use DAC adaptive equipment. I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless DAC, their employees from any and all claims, demands actions or suits arising out of or in connection with my participation in the event/class. 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.
CONSENT TO USE OF NAME OR LIKENESS
I hereby consent to Desert Ability Center (DAC) the right to use my name, voice, signature, photograph, or likeness for any lawful purpose including that encompassed by California Civil Code § 3344. I understand that DAC may, at its discretion, photograph me and/or make recordings of my voice, and/or reproduce my physical likeness as it may appear in any still camera photograph, motion picture film or video tape and/or recordings of my voice prepared or made while participating in DAC’s recreational activities for use in connection with any exhibition, promotional program, advertisement and broadcast, on television and any motion picture film or video tape regarding such recreational program or as promotional material for DAC. My name, voice, signature, photograph, or likeness may be used or incorporated for an unlimited period of time. I further understand and acknowledge that I have no right to any compensation for the use of my name, voice, signature, photograph, or likeness
