This Agreement is made for the 24th day of April, 2021 in the City of Pittsburg, County of Contra Costa, by and between person whose name appears on this sign up sheet, hereinafter referred to as “Participant” and the Pittsburg Chamber of Commerce, its officers, directors, employees, agents, and representatives, all hereinafter referred to as “the Chamber, ” and between Mt. Diablo Resource and Recovery, all hereinafter referred to as “ MDRR,” staff or representatives, and property owners of the locations being cleaned, IN CONSIDERATION FOR THE PARTICIPATION in the EARTH DAY CLEAN UP on April 24, 2021, the parties hereby agree as follows:
1. Participant hereby releases, waives, and forever discharges both the Pittsburg Chamber, MDRR and the City of Pittsburg from any and all claims, demands, causes of action, damages, losses, costs, attorney’s fees and expenses of any kind or nature whatsoever known or unknown which Participant have or may have against either the Chamber and/or MDRR and/or the City of Pittsburg resulting in any way from Participant’s involvement in or merely attendance at the Earth Day Clean Up Day April 24, 2021.
2. Participant hereby agrees to indemnify, hold harmless, and defend both the Chamber, MDRR and the City of Pittsburg from and against all past, present and future claims, demands, causes of action, obligations, losses, liens, costs, expenses, attorney’s fees, liabilities, injuries and damages of any kind or nature whatsoever brought by any person or entity arising out of or connected in any way with Participant’s involvement in or attendance at the Pittsburg Seafood Festival, whether caused solely or partially by a Participant or any other person or entity.
3. This Agreement may be pleaded as a fully and complete defense to any action or proceeding, as the basis for abatement of, or injunction against, such action or other proceedings, and as the basis of a cross-complaint for damages. Participant’s specifically waives his or her rights under California Civil Code 1542, which provides as follows:
“A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
4. This Agreement shall be interpreted in accordance with and governed in all respects by the laws of the state of California with venue agreed to be in Contra Costa County, California. Moreover this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, trustors, trustees, beneficiaries, predecessors, successors, assigns, partners, principals, agents, and all persons or entities connected in any way with Participant without limitation. If any provision or any part of the Agreement shall, for any reason, be held to be invalid, unenforceable or contrary to the public policy or any law, then the remainder of this Agreement shall not be affected thereby.
5. By signing, “Participant” hereby grants permission to the Chamber and MDRR, the rights of my image, in video or still, and of the likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration.
I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording.
I also understand that this material may be used in diverse settings such as on a website and social media platforms within an unrestricted geographic area. Photographic, audio or video recordings may be used for ANY USE which may include but is not limited to: Presentations; Online/Internet Videos; Media; News (Press); website event posts;
By signing this release, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. I will be consulted about the use of the photographs or video recording for any purpose other than those listed above. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. This release applies to photographic, audio or video recordings collected as part of the sessions listed on
6. Each party has read and understands this RELEASE AND WAIVER OF LIABILITY, INDEMNITY AGREEMENT and PHOTO/VIDEO AGREEMENT and has voluntarily signed the same.
Please complete the auto signature appearing as part of this form – as seen below.