WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in classes, shows, fundraising events (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Hanford Multicultural Theater Company, located at PO Box 296, Hanford, California 93232, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Hanford Multicultural Theater Company against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Hanford Multicultural Theater Company incurs any of these types of expenses, I agree to reimburse Hanford Multicultural Theater Company. I acknowledge that Hanford Multicultural Theater Company and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Hanford Multicultural Theater Company.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. /// I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Hanford Multicultural Theater Company AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Hanford Multicultural Theater Company FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Hanford Multicultural Theater Company, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and Hanford Multicultural Theater Company agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I affirm that I am of the age of 18 years or older, and that I am freely agreeing with this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract.
THE HANFORD MALL
1675 West Lacey Boulevard
Hanford, CA 93230
Release and Waiver of Liability and Indemnity Agreement
In consideration of THE NAME ON THIS APPLICATION, there is an acceptance to participate in the Activity occurring on (date(s)) October 20th – November 2nd, 2022 consisting of (event)_Día De Los Muertos, the undersigned himself or herself and any persona; representatives, spouses, children, relatives, heirs, distributes, beneficiaries, and next of kin, hereby RELEASES, WAIVES, DISCHARGES, AND CONVENANTS NOT TO SUE 3902 Annadale Lane, LP, or their respective employees, owners, partners, agents, or representatives (collectively “Released Parties”), for all liability for any losses or damages, or any claims or demands, on account of injury to person or property, or resulting in the death of the undersigned, whether caused by the negligence or fault of the Released Parties or any person or persons whatsoever, while undersigned is participating in the Activity.
The undersigned is voluntarily participating in the Activity with the knowledge of the risks, and hereby VOLUNTARILY AND KNOWINGLY ASSUMES AND ACCEPTS full responsibility for, and the risk of danger of bodily injury, death or property damage due to the negligence or default of the Released Parties or any person or persons while participating in the Activity.
The undersigned hereby agrees to indemnify, defend, save and hold the Released Parties free and harmless from any loss, liability, judgment, settlement, damage, or costs, including but not limited to attorneys’ fees, experts’ fees, and costs of suit they may incur due to presence of the
undersigned’s participation in the Activity.
The undersigned further expressly aggress that the foregoing release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of the State of California, and if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS CAREFULLY READ AND FULLY UNDERSTANDS THE TERMS HEREIN, AND VOLINTARILY SIGNS THIS AGREEMENT OF HIS OR HER OWN FREE WILL, AND FURTHER AGREES THAT NO ORAL REPRESENTATIVES, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.