WAIVER OF CLAIMS AND RELEASE OF LIABILITY PERMISSION TO USE PHOTO/VIDEO RECORDINGS AUTHORIZATION OF MEDICAL CARE
This agreement is entered into by (or on behalf of) my child(ren) ("Participant"), in favor of Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha - West, Inc., and affiliated organizations ("Releasee"), for participation in San Jose Kids' Diwali Celebration on 10/26/2024 at BAPS Shri Swaminarayan Mandir in Milpitas, California (“Event”).
In return for the opportunity to participate in the Event, I sign below to give my consent to each of the following:
RELEASE AND ACKNOWLEDGMENT
(1) There may be risks of harm or injury associated with my participation in the Event. I accept and assume responsibility for such risks. I will take all training required and will comply with the safety instructions, rules, and policies provided to me. I have no known physical or mental condition that restricts my ability to participate and do what is expected of me. (2) I release, indemnify and hold harmless Release (and all of its officers, directors, employees, agents, insurers, and successors), to the extent permitted by applicable law, for any and all claims and liabilities (including fees and costs) to persons or property caused in any manner by my conduct as a participant. (3) For myself, my legal representatives, my heirs, and all who claim from me, I waive and release all rights, claims, damages, losses, and/or complaints against Releasee (and all of its officers, directors, employees, agents, insurers, and successors) for any injury or damages arising out of the acts or omissions of myself, Releasee, any other volunteer or participant, or any other person (including those arising as a result of the negligence of any of the foregoing). (4) I hereby agree to forever release, discharge, and hold harmless Release, the operators of vehicles, volunteers, insurers, heirs, assigns, and successors in interest, from any and all claims, demands, liability, fees, expenses, and costs of any kind whatsoever that I may have or claim to have on account of or in any way related to or arising from, directly or indirectly, any proposed transportation, cancellation or delay of transportation, and/or failure to prov
RELEASE AND ACKNOWLEDGMENT
(1) There may be risks of harm or injury associated with my participation in the Event. I accept and assume responsibility for such risks. I will take all training required and will comply with the safety instructions, rules, and policies provided to me. I have no known physical or mental condition that restricts my ability to participate and do what is expected of me.
(2) I release, indemnify and hold harmless Releasee (and all of its officers, directors, employees, agents, insurers, and successors), to the extent permitted by applicable law, for any and all claims and liabilities (including fees and costs) to persons or property caused in any manner by my conduct as a participant.
(3) For myself, my legal representatives, my heirs, and all who claim from me, I waive and release all rights, claims, damages, losses, and/or complaints against Releasee (and all of its officers, directors, employees, agents, insurers, and successors) for any injury or damages arising out of the acts or omissions of myself, Releasee, any other volunteer or participant, or any other person (including those arising as a result of the negligence of any of the foregoing).
PERMISSION TO USE PHOTO/VIDEO RECORDINGS
(4) I understand and agree that Releasee may use photographs and/or recordings, whether video or audio, of me taken or recorded while I am participating in the Event, and I hereby release irrevocably all rights of any kind in such photographs and/or recordings and consent to Releasee’s perpetual worldwide use of such photographs and/or recordings and their reproduction and distribution in all media. This release includes any and all claims I may have, however characterized, including claims of rights of privacy and publicity, false light, libel, defamation and copyright. I agree that Releasee may reproduce such photographs and/or recordings and all or any part of their content in any format Releasee chooses and use them for any purpose related to its nonprofit operations (including commercial use in promotional materials, public relations, and advertising) as Releasee may determine, without compensation to me. I understand that Releasee will rely on this release and that I cannot revoke, withdraw or cancel it.
AUTHORIZATION OF MEDICAL CARE
(5) I authorize any of the staff, employees, volunteers, agents and representatives of Releasee to provide for, approve and authorize any health care at any hospital, emergency room, doctor’s office or other institution; employ any physicians, dentists, nurses, or other person whose services may be needed for such health care; review and if necessary disclose the contents of any medical records; execute any consent form required by medical, dental or other health authorities incident to the provision of medical, surgical or dental care to me. Health care shall include but not be limited to the administration of anesthesia, X-ray examination, performance of operations, diagnostic and other procedures.
(6) If the Participant is a minor and there is no medical emergency, the Releasee shall first use reasonable efforts to contact the parent(s) and/or guardian(s) listed below before administering or authorizing any treatment.
(7) Notwithstanding other provisions in this agreement, Releasee shall not have the authority to withhold or withdraw life-sustaining procedures.
MISCELLANEOUS
agreement is held invalid, the balance of this agreement shall continue in full force and legal effect. This agreement shall be construed and enforced by the laws of California.
(9) For purposes of this agreement, all references to “I”, “me”, “myself”, etc. shall, as applicable, refer to and include any Participant who is the minor child or ward of the parent/guardian signing below, and the provisions of this agreement shall be applicable to such Participant and govern his or her participation in the Event.
(10) I acknowledge that the provisions of this agreement, including the waiver and release of liability, are legally binding. I am signing it voluntarily, and with the understanding that, by doing so, I am agreeing to waive and release legal rights. I intend that this agreement shall be enforceable in the event of any future litigation. No oral representations or promises apart from this agreement have been made to me.
BY SIGNING THIS AGREEMENT I AM WAIVING OR RELEASING VALUABLE LEGAL RIGHTS. I HAVE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT.