PARTICIPANT'S RELEASE AND WAIVER OF CLAIMS
1. This Participant’s Release and Waiver of Claims (hereafter, “Waiver”) is entered into by the undersigned (hereafter, “Participant”). Participant is over 18 years of age. (If Participant is under 18 years of age, Waiver must be signed by a parent or guardian).
2. River City Waterway Alliance (hereafter “RCWA”) hosts a variety of clean-up events (“Clean-ups”) in a variety of locations on various dates in and around Northern California. These Clean-ups take place on many different lands and waters and in coordination with various Partners (defined in Paragraph No. 4 below). Participant’s participation in any and all Clean-ups is voluntary and Participant agrees to the terms set forth herein.
3. By executing this Waiver, Participant acknowledges, understands and agrees that while attending and participating in any Clean-ups, Participant will be exposed to risk of personal injury, property damage and/or death. Participant hereby expressly waives and releases RCWA, and any and all of its Partners, members, sponsors, hosts, officials, contractors and other participants (hereinafter “Releasees”, and anyone working on their behalf, from any and all claims, causes of action, damages, costs, and expenses (including, but not limited to, attorney’s fees), and charges of whatsoever nature, whether known or unknown, suspected or unsuspected, foreseen, or unforeseen, fixed or contingent, that Participant may have against Releasees that may in any way be related to or caused by Participant’s attendance and participation in Clean-ups. Without in any way limiting the generality of the foregoing, Participant hereby waives any right of action against Releasees for damages, losses, injuries or death sustained while attending and participating in any Clean-ups.
4. “Partners” shall include, but not be limited to, any and all parties in any way involved in the Clean-ups, whether actively or passively, including those who own, manage, maintain, control, and/or occupy the lands on or adjacent to the Clean-ups and those who load, haul and/or transport trash and debris. This shall include, but not be limited to, the City and County of Sacramento, the City of Citrus Heights, the City of Elk Grove, Sacramento County Regional Parks, Sacramento Area Creeks Council, Elk Grove Anti-Trash Volunteers, Sacramento Area Sewer District, Arcade Creek Adopt-A-Creek Project, Friends of Steelhead Creek, Friends of Sutter’s Landing, Sacramento Valley Conservancy, Camp Pollock, Reclamation District 1000, American River Flood Control District, Friends of Lakes Folsom and Natoma, Sacramento International Airport, American River Parkway Foundation, Caltrans (and the State of California), City of West Sacramento, Yolo County, Sutter County, Placer County, El Dorado County, Sacramento Suburban Water District, Waste Management, Forensiclean, Delta Protection Commission, California Coastal Commission, Sacramento Downtown Partnership, the River District, as well as all those not specifically named herein.
5. By executing this Waiver, Participant understands and acknowledges that Participant is expressly waiving any and all rights that may exist under California Civil Code section 1542. That code section provides:
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 at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
6. Participant expressly acknowledges that Participant has read this Waiver and understands all terms and conditions contained in it. Participant further expressly acknowledges and agrees that Participant has not received any promise or inducement to enter into this Waiver, and that this Waiver is entered into freely, voluntarily and without undue influence or duress.
7. Participant acknowledges that Releasees may from time to time publish or post content and images (videos and photos) on social media and in newsletters, brochures, flyers, videos, or other printed or visual material containing pictures or images of Participant. Participant hereby expressly grants Releasees permission to use images of their likeness in any such printed or visual material for purposes of promoting Releasee’s events or activities.
8. This Waiver shall be deemed to be made in, governed by, and construed in accordance with the laws of the State of California. Any legal action arising out of this Waiver shall be filed in and adjudicated by a court of competent jurisdiction in the County of Sacramento, State of California.
9. Participant agrees and acknowledges that Participant has had a full and fair opportunity to review the provisions of this Waiver and to have such provisions reviewed by legal counsel. Any ambiguities in construing or interpreting this Waiver shall not be resolved against the drafting party.
10. The invalidity, illegality or unenforceability of any provision of this Waiver shall not render the other provisions invalid, illegal or unenforceable.
11. This instrument constitutes the entire agreement concerning the subject matter hereof and supersedes any and all prior oral and written communications regarding the subject matter hereof.
12. This Waiver will remain in full force and effect unless and until it is revoked in writing by Participant.
13. By signing below, I acknowledge and represent that I HAVE READ THIS AGREEMENT CAREFULLY, I FULLY UNDERSTAND ITS CONTENTS AND I VOLUNTARILY AGREE TO ITS TERMS. No oral representations, statements or inducements, apart from this written agreement, have been made. If any portion of this agreement is declared invalid by a court, the remainder shall continue in full force and effect.