1. VOLUNTARY PARTICIPATION
The undersigned has volunteered to participate in volunteer activities with the Morro Bay National Estuary Program (hereinafter “the Program”) and agrees to do so without compensation.
In consideration of my being permitted to participate in the Program, I agree as follows: I understand that this Program’s activities take place throughout the Morro Bay estuary and watershed, which includes rugged, natural environments that are not maintained for public use. I understand that my personal safety is of the utmost importance and that if for any reason I feel at all uncomfortable about the conditions or potential hazards, I will stop my sample collection or survey immediately. I understand that my personal safety is much more important than any of the objectives of the Morro Bay National Estuary Program. I further understand and acknowledge that I am solely responsible for evaluating my own physical limitations and will participate or refrain from engaging in the Program’s activities accordingly.
2. ASSUMPTION OF RISK
I FULLY UNDERSTAND AND ACKNOWLEDGE THAT: (A) THE PROGRAM’S ACTIVITIES HAVE INHERENT RISKS, DANGERS AND HAZARDS TO HEALTH AND SAFETY AND THAT SUCH EXIST IN MY PARTICIPATION IN THE PROGRAM’S ACTIVITIES; (B) MY PARTICIPATION IN THE PROGRAM’S ACTIVITIES MAY RESULT IN INJURY OR ILLNESS, INCLUDING BUT NOT LIMITED TO BODILY INJURY, DISEASE, SPRAINS, FRACTURES, PARTIAL AND/OR TOTAL PARALYSIS, DEATH OR OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY AND THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERIENCE CAN ELIMINATE RISKS OF PERSONAL INJURY OR DAMAGE TO PROPERTY; (C) HAZARDS INCLUDE, BUT ARE NOT LIMITED TO ACCIDENTS ARISING FROM USE OF AUTOMOBILES OR BOATS, WATER POLLUTION, SLIPPERY CREEK BANKS, MUD, DEBRIS, POISON OAK, STINGING NETTLE, TICKS, BACTERIAL INFECTION, FALLING TREE LIMBS, SNAKE AND ANIMAL BITES, STINGING INSECTS, SWIFTLY MOVING BAY OR STREAM CURRENTS, DROWNING, GUNSHOTS, GLASS OR OTHER SHARP OBJECTS, AND BARBED WIRE FENCES; (D) RISKS AND DANGERS MAY ALSO BE CAUSED BY THE NEGLIGENCE OF THE STAFF, VOLUNTEERS, PARTICIPANTS, EMPLOYEES, OFFICERS OR AGENTS OF THE MORRO BAY VOLUNTARY MONITORING PROGRAM, THE MORRO BAY NATIONAL ESTUARY PROGRAM, THE BAY FOUNDATION OF MORRO BAY AND THE REGIONAL WATER QUALITY CONTROL BOARD, THE NEGLIGENCE OF OTHERS, ACCIDENTS, THE FORCES OF NATURE OR OTHER CAUSES. RISKS AND DANGERS MAY ARISE FROM FORESEEABLE OR UNFORESEEABLE CAUSES INCLUDING, BUT NOT LIMITED TO, STAFF OR VOLUNTEER DECISION-MAKING, INCLUDING THAT A STAFF MEMBER OR VOLUNTEER MAY MISJUDGE TERRAIN, WEATHER, TRAIL OR WATER CONDITIONS, AND WATER LEVEL, RISK OF FALLING OUT OF A BOAT OR DROWNING, AND SUCH OTHER RISKS, HAZARDS AND DANGERS THAT ARE INTEGRAL TO THE PROGRAM’S ACTIVITIES, THAT TAKE PLACE IN A WILDERNESS, OCEAN OR OUTDOOR ENVIRONMENT.
I HEREBY EXPRESSLY AND VOLUNTARILY ACCEPT ANY AND ALL RISKS OF DEATH, ILLNESS, LOSS OR DAMAGE WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE STAFF, VOLUNTEERS, PARTICIPANTS, EMPLOYEES, OFFICERS, AGENTS OR CONTRACTORS THE MORRO BAY VOLUNTARY MONITORING PROGRAM, THE MORRO BAY NATIONAL ESTUARY PROGRAM, THE BAY FOUNDATION OF MORRO BAY AND THE REGIONAL WATER QUALITY CONTROL BOARD OR BY ANY OTHER PERSON INCLUDING MYSELF. I VERIFY THAT I AM IN GOOD HEALTH, NOT UNDER THE INFLUENCE OF ANY DRUGS OR ALCOHOL OF ANY KIND, NOR DO I HAVE THEM IN MY POSSESSION, AND AM CAPABLE OF PURSUING THE PROGRAM’S ACTIVITIES AND THAT MY PARTICIPATION IN THIS IS VOLUNTARY. I ALSO VERIFY THAT I CAN SWIM. I AGREE TO BE RESPONSIBLE FOR PROVIDING A LIFE PRESERVER AND ANY OTHER SAFETY DEVICE FOR MYSELF WHEN I FEEL IT IS NECESSARY. I UNDERSTAND THAT GLOVES AND BOOTS ARE RECOMMENDED FOR CONTACT WITH WATERS, AND I AGREE THAT IF I CHOOSE TO DISREGARD THIS RECOMMENDATION, IT IS AT MY OWN RISK.
3. RELEASE
I hereby forever voluntarily release, discharge, defend, hold harmless, and indemnify The Morro Bay National Estuary Program, its volunteers or staff members, or any groups affiliated with the Program, including but not limited to the Bay Foundation of Morro Bay, the Regional Water Quality Control Board (the “Affiliated Groups”), their staff, volunteers, officers, employees, agents or contractors from any and all actions, claims or losses that I, my assignees, heirs, guardians, and legal representatives now have or may hereafter have for bodily injury or property damage or wrongful death which may arise out of my participation in the Program, including but not limited to injury, losses or damage caused by the passive or active negligence of the released parties stated above. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have at the present time or in the future for the negligent acts or other conduct by these same released parties.
I hereby agree that under no circumstances will I or my heirs, assignees, guardians, executors, administrators or legal representatives prosecute or present any claim against, sue or attach the property of any of the aforementioned released parties, including the Affiliated Groups, on account of injury or damages resulting from the negligence or other acts by any of these released parties, their staff, volunteers, officers, employees, agents or contractors, howsoever caused, which may arise from my participation in the Program, or any activities incidental thereto, whenever and however the same may occur and for whatever period said activities may continue.
If any photos are taken of me during the course of my participation with the Program, I give permission for use of those photos in any of the Program’s publications, including use of the photos on the web, on displays, or in any other medium. Unless I grant written permission, I understand that I will not be identified by name in the photo.
4. KNOWING AND VOLUNTARY EXECUTION
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK AND WAIVER, RELEASE, AND INDEMNITY AGREEMENT (“THIS AGREEMENT”) AND FULLY UNDERSTAND ITS CONTENTS. BY SIGNING THIS AGREEMENT OF MY OWN FREE WILL I INTEND TO EXEMPT AND RELIEVE THE STAFF, VOLUNTEERS, PARTICIPANTS, EMPLOYEES, OFFICERS, OR AGENTS OF THE MORRO BAY NATIONAL ESTUARY PROGRAM, THE BAY FOUNDATION OF MORRO BAY AND THE REGIONAL WATER QUALITY CONTROL BOARD FROM ANY AND ALL LIABILITY FOR WRONGFUL DEATH, PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.