Waiver, release, assumption of risk and indemnity agreement
I, "Participant” do hereby represent that I am authorized to provide the waiver, release, assumption of risk and indemnity representations stated herein and all the information provided is accurate.
I have been given permission by the OXNARD PERFORMING ARTS CENTER CORPORATION to participate in the above Activity. I agree to abide by all applicable rules and regulations and understand that OXNARD PERFORMING ARTS CENTER reserves the right to dismiss and unenroll me in the Activity and/or additional activities due to my failure to comply with all applicable rules and regulations. I grant OXNARD PERFORMING ARTS CENTER permission to use my photograph, video or film likeness for promotional and other legal purposes, without compensation of any kind. I acknowledge, accept and agree that the ELITE THEATER, OXNARD PERFORMING ARTS CENTER CORPORATION, and CHANNEL ISLANDS HARBOR are providing space and/or facilities for me to use during the Activity and such space and facilities are being provided “AS IS.”
As a condition of participating as a Participant, I hereby release the Elite Theater, Oxnard Performing Arts Center Corporation, and Channel Islands Harbor and their respective officials, officers, directors, employees, agents, designated volunteers and sureties, and each of them (the “Indemnified Parties”), and agree to indemnify and hold the Indemnified Parties harmless from and against any and all loss, liability, damage (including death, personal injury and damage to personal property), including, but not limited to, reasonable attorney, consultant and expert fees and court costs, directly or indirectly arising out of or in connection with Participant’s participation in the Activity. Participant’s indemnity obligations shall continue in full force and effect notwithstanding the conclusion of Participant’s participation. The provisions of this paragraph do not apply to any damages or losses caused by the sole negligence or willful misconduct of the Indemnified Parties.
The duty to defend is a separate and distinct obligation from Participant's duty to indemnify. Participant shall be obligated to defend the Indemnified Parties in all legal, equitable, administrative, and special proceedings pertaining to Participant’s participation in the Activity, with counsel approved by the Indemnified Parties, immediately upon tender to Participant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any one or more of the Indemnified Parties shall not relieve Participant from its separate and distinct obligation to defend the Indemnified Parties. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Participant asserts that liability is caused in whole or in part by the negligence or willful misconduct of any one or more of the Indemnified Parties. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of the Oxnard Performing Arts Center, Participant may submit a claim to Oxnard Performing Arts Center for reimbursement of reasonable attorneys’ fees and defense costs.
I HAVE CAREFULLY READ THIS ENTIRE DOCUMENT AND UNDERSTAND ITS TERMS AND LEGAL SIGNIFICANCE. THIS WAIVER, RELEASE AND INDEMNIFICATION IS FREELY AND VOLUNTARILY GIVEN WITH THE UNDERSTANDING THAT RIGHT TO LEGAL RECOURSE AGAINST THE ELITE THEATER, OXNARD PERFORMING ARTS CENTER CORPORATION AND CHANNEL ISLANDS HARBOR IS KNOWINGLY GIVEN UP IN RETURN FOR ALLOWING MY PARTICIPATION IN THE ACTIVITY. MY SIGNATURE IS INTENDED NOT ONLY TO BIND MYSELF, BUT ALSO MY SUCCESSORS, HEIRS, REPRESENTATIVES, ADMINISTRATORS, AND ASSIGNS. NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THIS WRITTEN AGREEMENT HAVE BEEN MADE.