PROJECT: HOMAGE TO OUR HEROES
**RELEASE OF LIABILITY, ASSUMPTION OF RISK, MEDICAL CONSENT, AND INDEMNIFICATION AGREEMENT
READ CAREFULLY – THIS IS A LEGAL CONTRACT
By signing below, I acknowledge that I am giving up certain legal rights, including the right to sue.
1. PARTIES
This Agreement is entered into between Project: Homage To Our Heroes, a California nonprofit organization (“Organization”), and the undersigned participant or volunteer (“Participant”).
2. DESCRIPTION OF ACTIVITIES
Participant understands and agrees that activities may include, but are not limited to:
Fishing (shore, lake, river, ocean, charter boats)
Camping, overnight stay in the wild.
Boating and water-related activities
Outdoor recreation and sporting activities
Travel to and from event locations
Use of fishing gear, boats, docks, piers, vehicles, and facilities
Participation as a volunteer or participant attendee in organized events
These activities are inherently hazardous.
3. ASSUMPTION OF RISK (PRIMARY & SECONDARY)
Participant voluntarily and expressly assumes all risks, whether known or unknown, foreseeable or unforeseeable, including but not limited to:
Slips, trips, and falls
Drowning or water-related injuries
Equipment failure or misuse
Weather conditions
Negligence of other participants
Actions or omissions of third parties
Medical emergencies occurring in remote locations
Participant understands that under California law, these risks include primary assumption of risk, meaning the Organization has no duty to eliminate inherent risks of the activity.
4. RELEASE OF LIABILITY (CALIFORNIA CIVIL CODE §1542 WAIVER)
To the fullest extent permitted by law, Participant releases, waives, and discharges the Organization, its officers, directors, volunteers, agents, sponsors, partners, and landowners from any and all claims, including those arising from ordinary negligence.
Civil Code §1542 Waiver
Participant expressly waives California Civil Code §1542, which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release.”
Participant understands and agrees this release applies to unknown claims. Waiver good for 1 year.
5. INDEMNIFICATION & HOLD HARMLESS
Participant agrees to defend, indemnify, and hold harmless the Organization from any claims, demands, damages, losses, or legal expenses arising out of Participant’s actions, omissions, or participation, including claims brought by third parties.
6. MEDICAL CONSENT & AUTHORIZATION
Participant authorizes the Organization to obtain emergency medical treatment if Participant is unable to consent.
Participant agrees:
The Organization has no duty to provide medical care
Participant is financially responsible for all medical expenses
Emergency decisions may be made in good faith
Participant certifies they are physically capable of participating and have disclosed any relevant medical conditions.
7. NO INSURANCE GUARANTEE
Participant understands the Organization does not guarantee insurance coverage for Participant and recommends maintaining personal health and accident insurance.
8. PHOTO / VIDEO RELEASE (OPTIONAL BUT STRONGLY RECOMMENDED)
Participant grants permission for photographs or video taken during events to be used for promotional, educational, and fundraising purposes without compensation.
9. VOLUNTEER / PARTICIPANT CODE OF CONDUCT (If Applicable)
Volunteers/ Participants agree to:
Act professionally and respectfully
Always follow safety instructions
Refrain from political, religious, or discriminatory conduct
Maintain a zero-tolerance policy for harassment or intoxication (From use of Illegal Substances and or Alcohol)
Violation may result in immediate removal.
10. GOVERNING LAW & VENUE
This Agreement shall be governed by the laws of the State of California.
Venue for any dispute shall lie exclusively in California courts.
11. SEVERABILITY
If any provision is held invalid, the remaining provisions shall remain in full force and effect.
12. ELECTRONIC SIGNATURE & ACKNOWLEDGMENT
Participant agrees that:
This Agreement may be signed electronically
An electronic signature is legally binding
13. Checking a box or typing a name constitutes a valid signature: I agree to comply with all Event rules, instructions, and applicable laws.I certify that I am at least 18 years of age or have the consent of my parent/legal guardian to participate. I have read this waiver and fully understand its terms.By signing below, I acknowledge and accept these terms.