Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of permission to use the property, facilities, staff, equipment and services of Los Gatos High School for Grad Night, June 5-6, 2020, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Los Gatos/Saratoga High School District, Los Gatos High School Grad Night Committee, Los Gatos High School Home And School Club, Los Gatos High School, their directors, officers, employees, volunteers, members, agents, and the event holders (hereinafter collectively, “releasees”) from liability from any and all claims including the negligence of releasees resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment.
Assumption of Risks: This use of High School property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Releasees have facilities for and provide for activities such as this social event. This event involves situations, environments, or activities that may lead to illness, physical injuries, and psychological stress or damage.
The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, sprains, and embarrassment 2) major injuries such as joint or back injuries, heart attacks, head injuries, and psychological trauma 3) catastrophic injuries including paralysis and death.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the activities made possible by releasees. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees brought as a result of my involvement at Los Gatos High School Grad Night and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.