In consideration for the opportunity for me (and, if applicable, the minor children listed above for whom I am a parent or guardian) to participate in Harlem Grown activities, I, the above-named Participant, acknowledge and agree that I am 18 years of age or older (or, if under age 18, have obtained the consent of my parent or guardian as indicated above) freely enter into this Assumption of Risk, Waiver of Liability and Indemnification Agreement (this “Agreement”) on behalf of myself (and, if applicable, the minor children listed above for whom I am a parent or guardian) (collectively, “I,” “me” or “myself”) and hereby agree as follows:
1. Voluntary Participation: I am voluntarily participating in one or more activities, projects, events or functions (the “Activities”) organized or sponsored by Harlem Grown, Inc. (“HG”) on its own or in conjunction with other persons or organizations (each a “Co-Sponsor”). I acknowledge that HG has provided for my benefit the opportunity to participate in the Activities and that my participation in the Activities is entirely voluntary on my part and that neither HG nor any Co-Sponsor in any way requires my participation in such Activities.
2. Assumption of Risk: I understand that the Activities may include but are not limited to construction, installation or maintenance of buildings and structures, excavating and clearing of land, cutting and disposing of trees, plants and shrubbery, gardening, planting trees, plants and crops, painting, working in a hydroponic greenhouse, tours of Harlem, being transported to and from locations, consuming food, volunteering in the HG offices and other activities sponsored by or on behalf of HG, and that certain of these activities will take place in or on property that is undeveloped or otherwise has potentially unsafe, hidden and dangerous conditions. I acknowledge the inherent risks in participating in events, such as the Activities, including the risk of injury or death whether arising from my own actions or negligence, the actions or negligence of others or otherwise, and I hereby assume all such risks inherent in participating in the Activities. I further acknowledge that I freely and of my own free will have chosen to participate in the Activities, knowing and having inquired into the risks and potential risks involved in such participation.
3. Waiver of Liability: I (on behalf of myself and my heirs, personal representatives, successors, distributees, guardians, next of kin, spouse, representative, beneficiaries and assigns or anyone acting through me or on my behalf (collectively, including me, the “Releasors”), hereby unconditionally and irrevocably, and to the maximum extent permitted by applicable law forever waive, discharge and release HG and its affiliates, each Co-Sponsor and its affiliates and its and their respective present and former officers, directors, employees, volunteers, contractors, representatives and agents, and/or anyone else connected therewith regardless of whether named herein (each a “Released Party”), each individually and in their representative capacities, from and against any and all claims, actions, damages, causes of action, costs, damages, liabilities, expenses or demands that I or any of the other Releasors may now have, may ever have had, or may have in the future against any and all Released Parties for any personal injury, disability, death or loss of or damage to person or property arising from or related to (whether directly or indirectly) the Activities (collectively, “Claims”), including without limitation: (i) my presence or participation in the Activities, (ii) any first aid, treatment or service rendered in connection with my presence or participation in the Activities, (iii) the negligence or other acts of any Released Party, whether or not directly connected to the Activities or (iv) the condition of the premises where the Activities occur, whether or not I am participating in the Activities (in each case whether or not attributable to the negligence of any of the Released Parties or otherwise).
4. Indemnification: I hereby agree to indemnify and hold harmless each Released Party from claims, actions, damages, causes of action, costs, damages, liabilities, expenses or demands of any third party for personal injury, disability, death or loss of or damage to person or property arising from or related to (whether directly or indirectly) my negligent or intentional act(s) or omission(s) while participating in the Activities.
5. Proper Conduct: In connection with the Activities, I will at all times conduct myself safely -- respectful of others and of all property or equipment used for the Activities--and I will follow any and all instructions from HG personnel regarding my participation in the Activities. I have no right to participate in the Activities and will cease participation in the Activities, and leave the premises in which the Activities are taking place, immediately if so requested by HG personnel.
6. Image Release: I grant permission for HG and partners to use any photos, film, digital imaging, videos, verbal and written statements of myself and of any family or friend who register with me for promotional, web usage, or other uses by HG whether associated with Activities or otherwise. HG is permitted but not obliged to use my name in connection with the foregoing.
7. Other Acknowledgements: I acknowledge that I know of no medical reason, or other reason, why I should not participate in the Activities and that HG has advised me to consult a physician before participating in the Activities. I authorize HG and its employees, independent contractors and agents to secure from any licensed medical personnel any treatment or assistance deemed necessary for my immediate care if it appears, in the absolute discretion of HG or any of its employees, independent contractors and agents, that I require immediate professional medical attention or emergency care. I also agree that I will be responsible for payment of any and all medical services rendered as a result of the immediately preceding sentence.
8. Governing Law; Severability: This Agreement shall be construed in accordance with the laws of the State of New York. The provisions of this Agreement are severable and any portion of this Agreement deemed unenforceable shall be modified to make it enforceable to the maximum extent permitted by law. If such portion cannot be modified to be enforceable, such portion shall instead become null and void leaving the remainder of this Agreement in full force and effect.