In consideration of being permitted to participate in any work project, function, or event and as a condition of said right (volunteer) hereby expressly grant to IMPACT 3:16 and to its employees, agents, and assigns, partners the right to use my picture, photograph, silhouette, videotape(s) in which I appear, and other reproductions of my physical likeness (as the same may appear in any still camera photograph and/or motion picture film or tape), in and in connection with the project, function or event, or any other project, function or event, in which the same may be used or incorporated, and also in the advertising, exploiting and/or publicizing of the project, function or event.
ASSUMPTION OF RISK: My participation is completely voluntary. I have volunteered to participate in the project, function, or event and may render services which may include, without limitation, painting, lifting, moving objects, bending, squatting, climbing, use of building tools and equipment, etc. (the "Volunteer Services"). I agree to follow all of IMPACT 3:16’s, its assigns', agents', partners', or contractors' directions and instructions in all matters. I represent that I believe myself to be physically capable of performing the Volunteer Services. Although IMPACT 3:16 shall be taking precautions to protect my safety, I understand and acknowledge that no such precautions can completely eliminate the risks associated with my participation in the Volunteer Services. I, therefore, acknowledge and understand that my participation in the project, function, or event carries with it the potential for death and/or physical injury. I understand that accidents may occur. I voluntarily and fully accept and assume these risks and understand and acknowledge that the waivers, releases, and indemnities in this Agreement expressly apply to these risks and any and all consequences of these risks. I acknowledge that the foregoing is not an exhaustive list of the risks, hazards, and dangers I may be exposed to as a result of the Volunteer Services, and I voluntarily and freely accept and assume these and all such other risks, hazards, and dangers I may encounter or be exposed to and understand and acknowledge that the waivers, releases, and indemnities in this Agreement expressly apply to these risks, hazards, and dangers.
HOLD HARMLESS: I and my heirs, next of kin, spouse, guardians, legal representatives , executors, administrators, successors and assigns ("Releasing Parties"), hereby irrevocably agree that we will not sue or claim against IMPACT 3:16, and each of their respective parents, subsidiaries, affiliates, successors and assigns, and the respective directors, officers, employees, agents, contractors, partners, shareholders; representatives and members of each of the foregoing entities, and the heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors and assigns of each of the foregoing, for any injury, illness, damage, loss or harm to me, or my death, howsoever caused, resulting or arising out of or in connection with any participation in or appearance on the project, function or event, whether occurring before, during or after my actual participation in the project, function or event, and whether or not caused by or arising out of the negligence of IMPACT 3:16. I and the other Releasing Parties, further agree to hold IMPACT 3:16., its agents, assigns, officers, directors, or employees, contractors, and partners, harmless and free from any liability, whether caused by negligence of any kind whatsoever, and to indemnify IMPACT 3:16., its agents, assigns, officers, directors, or employees, contractors, and partners for any harm, damage, cost, which may arise in connection with my participation in the project, function or event.
KNOWN AND UNKNOWN CLAIMS: I and the other Releasing Parties acknowledge that there is a possibility that subsequent to the execution of this Agreement, I or they will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed, and which if known by me or them at that time may have materially affected my or their decision to execute this Agreement. I and the other Releasing Parties acknowledge and agree that by reason of this Agreement, and the release contained in the preceding paragraphs, I and the other Releasing Parties are assuming any and all risk of such unknown facts and such unknown and unsuspected claims. I and the other Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO 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 HlM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. I and the other Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect of any jurisdiction throughout the world, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver, this release would not have been accepted. I and the other Releasing Parties hereby represent that I and they understand and acknowledge the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.
ACKNOWLEDGEMENT: I HAVE CAREFULLY READ THIS DOCUMENT, FULLY UNDERSTAND ITS CONTENTS, AND SIGNED IT VOLUNTARILY. I AM OF LEGAL AGE, EIGHTEEN YEARS OF AGE OR OLDER.