I {fullName3}, on behalf of myself, my participating children, and my personal representatives, heirs, and next of kin ("Participant"), in consideration of being permitted to participate, use, and/or observe in any way in the services, programs, facilities, and/or equipment("Park Activities") owned, leased, offered, organized, conducted by and/or affiliated with the WRIGHTWOOD COMMUNITY SERVICES DISTICT ("WCSD"), agree as follows:
1. Participant acknowledges, agrees, and represents that Participant has inspected and carefully considered the premises, equipment, and facilities for the Park Activities and that Participant finds and accepts same as being safe and reasonably suited for the use or participation by Participant.
2.Participant acknowledges, agrees and represents that Participant has inspected and carefully considered the premises, equipment, and facilities for the Park Activities and that I am qualified, in good health, and in proper physical condition to participate in such Park Activities. I further agree and warrant that if at any time I believe conditions to be unsafe or unhealthy, I will immediately discontinue further participation in the Park Activities.
3.Participant fully understands that: (a) the risks and dangers of the Park Activities may be caused by my own actions or inactions, the actions or inactions of others participating in the Park Activities, the condition in which the Park activities take place, or the negligence of the Releasees named below; and (b) there may be other medical risks and social and economic losses either not known to me or not readily foreseeable at this time and I full accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my participation in the Park Activities.
4. Participant on behalf of Participant and Participant's descendants, ancestors, dependents, heirs, spouses, executors, administrator, agents, servants, employees, representatives, assigns, and successors ("the Releasors"), herby releases, discharges and covenants not to sue WCSD, its administrators, directors, agents, officers, members, volunteers, employees, contractors, consultants, other participants, any sponsors or advertisers and, if applicable, owner and lessor of premises on which the Park Activities take place, and their respective predecessors, successors, affiliates, subsidiaries, parents, corporations, companies and divisions, and each and all of their respective current and former officers, directors, administrators, assigns, agents, servants, stockholders, employees, insurers, attorneys, representatives, and successors (each considered one of the "Releasees" herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by my participation in the Park Activities and any negligence of the whole or in part by my participation in the Park Activities and any negligence of the participants or otherwise, including negligent rescue operations, and I further agree that i, despite this release and waiver of liability, assumption of risk and indemnity agreement I, the Participant, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify WCSD of any liability due to acts or omissions, save and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage or cost which may incur as the result of such claim.
By signing below, Participant hereby voluntarily agrees to participate in Park activities in a manner consistent with the instructions and directions of representative from WCSD and irrevocably assumes all risk in connection therewith and extinguishes all rights and claims against WCSD as follows:
1. Participant and the Releasors herby fully, irrevocably, and unconditionally, release and forever discharge the Releasees from any and all demands, damages, debts, liabilities, obligations, contracts, agreements, actions, causes of action, suits, judgement, liens, indebtedness, losses, cost, and claims of whatever nature, character, or description, whether known or unknown, anticipated or unanticipated, foreseen, suspected or unsuspected, fixed or contingent, which Participant and the Releasors now have or may hereafter have or claim to have against the Releasees arising out of or related to the Park Activities and the administration and coordination thereof WCSD.
2. Participant acknowledges that this Release was entered into voluntarily, and expressly acknowledges that he/she has been informed and is familiar with the provisions of Section 1542 of the California civil Code which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR ST THE TIME OF EXECTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OT HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Participant expressly waives the provisions of California Civil Code Section 1542, as well as all similar protections under the law, and further waives any rights that he/she may have to invoke said provisions now or in the future with respect to the releases set forth herein. Participant recognizes and understands that factors which have induced him/her to enter into this release may turn out to be incorrect or different from what he/she had previously anticipated, and Participant expressly assumes all of said risks, including the risks of this waiver of California Civil Code Section 1542, and thus assumes full responsibility for any resulting liabilities.
3. In the event of ana accident, injury, or illness, WCSD and its agents do not assume any responsibility or obligation to provide financial assistance or other assistance, including but not limited to, medical, health, or disability insurance, in the event of an accident, injury, illness, death or property damage.
4. WCSD shall not be held liable or responsible to Releasees or to any other party for any losses incurred or damages sustained as a direct or indirect result of the Park Activities, and Participant shall indemnity WCSD and Releasees against, and hold them harmless from, any and all liabilities, damages, cost, expenses, and debts, including, without limitation, attorneys' fees, arising by reason thereof or resulting therefrom.
5. This Release shall be considered as if it was jointly prepared by both WCSD and the Participant and any uncertainty and/or ambiguity shall not be interpreted against the party responsible for its drafting. This Release shall be binding upon the Participant and the Releasors and shall be interpreted, enforced, and governed by and under the laws of the State of California.