Medical Release and Liability Waiver: Assumption of the Risk, Medical Release/Consent to Treatment, and Release/Indemnification Agreement

The undersigned parent(s) or legal guardian(s) of the Participant(s) listed above, do (does) hereby represent he/she (they) is (are), in fact, acting in such capacity with respect to the Participant(s) listed above, and agrees to save and hold harmless and indemnify each and all of the Wiedemann-Steiner Syndrome Foundation (“Foundation”), the Sutter Lawn Tennis Club (“Sutter Lawn”), and, as applicable, the directors, officers, agents, volunteers, assistants, employees, and representatives of the Foundation and/or Sutter Lawn, as releasees, from all liability, loss, cost, claim, or damage whatsoever that may be imposed upon said releasees because of any defect in or lack of such capacity.

I (We) hereby give permission for any supervisor, volunteer, lifeguard, or other administrator or employee associated with the Foundation or Sutter Lawn to seek and give appropriate medical attention for our child(ren) in the event of accident, injury, or illness. I will be responsible for any and all costs associated with any necessary medical attention and/or treatment.

I (We) hereby authorize the Foundation and Sutter Lawn, to obtain and/or perform as appropriate, medical assistance as needed, including treatment and hospital care to be rendered to the Participant(s) listed above, and I (we) agree to pay any and all costs for the foregoing. I (we) have no knowledge of any physical or mental impairment that would affect the Participant’s ability to safely participate in the Triathlon/Quadrathlon activities (“Event”).

On behalf of myself (ourselves) and the Participant(s), I (we) understand and acknowledge that there are inherent risks in participating in the Event, and that the Participant(s) may be exposed to circumstances and dangers arising from situations beyond the immediate control of the Foundation and Sutter Lawn, and other undefined harm or damage which may not be readily foreseeable; and other presently unknown risks and dangers. I (we) understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, illness (including contracting COVID-19), permanent disability, paralysis and death. I (we) understand that these risks may be caused in whole or in part by the actions or inactions of Participant(s), or the actions or inactions of others participating, or the acts, inaction or negligence of the released parties. On behalf of myself (ourselves) and the Participant(s), I (we) voluntarily and knowingly recognize, accept and assume these risks.

I hereby waive, release and forever discharge any and all of the Foundation and Sutter Lawn and any associated supervisor, coach, employee, volunteer or other administrator from all rights and claims for damages, injury, loss to person or property which may be sustained or occur during participation in activities related to the Event, whether or not damages or loss are due to negligence of the Foundation and/or Sutter Lawn.   

By the Participant(s) being registered and/or allowing Participant(s) to participate in the Event, I (we) hereby agree to indemnify, release, and hold harmless any and all of the Foundation and Sutter Lawn, from liability for any injury that might occur to the Participant(s), myself (ourselves) or anyone accompanying the Participant(s), while present at the Sutter Lawn Tennis Club or other facilities being used for the Event, including travel to and from the Event, including but not limited to property damage or personal injury, including COVID-19, serious injuries resulting in paralysis or death.

Publicity Waiver and Release 

I hereby irrevocably permit, authorize, grant, and license The Wiedemann-Steiner Syndrome Foundation, a California Nonprofit Corporation, (“Foundation”), and its affiliates, successors, and assigns, and the employees, officers, directors, volunteers and agents of each and all of them (”Authorized Persons”), the rights to display, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my and/or my child/children’s name, image, likeness, appearance, voice, actions, biographical information, and all materials created by or on behalf of the Foundation that incorporate any of the foregoing (”Materials”) in perpetuity in any medium or format now existing or hereafter created, including but not limited to, in and on magazines, brochures, newsletters and other print publications, electronic, magnetic, and optical media, video, television broadcast, cablecast, and satellite, home video and video on demand, livestream, radio broadcasts, display, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, mobile applications, on any platform for any purpose, including but not limited to fundraising, advertising, public relations, education, awareness, publicity, packaging, and promotion of the Foundation and its affiliates and their products and services, without further consent from or royalty, payment, or other compensation to me and/or my child/children.

The Foundation shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to the Foundation my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the world, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by the Foundation, and that the Foundation has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from the Foundation’s editing, alteration, or use of the Materials, or the Foundation’s presentation of me and/or my child/children. Any credit or other acknowledgment of me and/or my child/children, if any, shall be determined by the Foundation in the Foundation’s sole discretion. The Foundation has no obligation to create or use the Materials or to exercise any rights given by this release.

To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Publicity Waiver and Release or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of the Foundation or any other person, covenant not to make or bring any such Claim against any Authorized Persons, and forever release and discharge the Authorized Persons from liability under such Claims.

I have carefully read this Publicity Waiver and Release and fully understand its contents. I am aware that this is a release of any potential liability and a contract between myself and the Foundation and any other Authorized Persons, and sign this Publicity Waiver and Release on my own free will.

FOR MINOR CHILD/CHILDREN OR PERSON(S) WITH LEGAL GUARDIAN/REPRESENTATIVE: I am the parent or legal guardian/legal representative of the minor(s) or person(s) named below. I have the legal right to consent to and, by signing below, I hereby do consent in all respects to the terms and conditions of this Medical Release and Liability Waiver, COVID-19 Liability Waiver and Assumption of Risk and Publicity Waiver and Release and agree that both the minor(s)/incapacitated person(s) and I shall be bound by all of its terms and conditions.