RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Meals on Onewheels Events organized by Myriad Outreach Project DBA Meals on Onewheels, of 1420 Jackson Street Apt. F, Oakland, California, 93001 and/or use of the property, facilities and services of Myriad Outreach Project DBA Meals on Onewheels, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Myriad Outreach Project DBA Meals on Onewheels, or the employees, representatives or agents of Myriad Outreach Project DBA Meals on Onewheels.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Myriad Outreach Project DBA Meals on Onewheels for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Myriad Outreach Project DBA Meals on Onewheels, whether caused by the fault of myself, my family, Myriad Outreach Project DBA Meals on Onewheels or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Myriad Outreach Project DBA Meals on Onewheels against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Myriad Outreach Project DBA Meals on Onewheels.
4. FEES. I agree to pay for all damages to the facilities of Myriad Outreach Project DBA Meals on Onewheels caused by any negligent, reckless, or willful actions by me or my family.
5. MINOR CHILD PARTICIPATION. BY SIGNING THIS CONSENT, I consent to the participation of my minor child whose name is listed above in the activity of Meals on Onewheels Events, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of the child whose name is listed above.
6. MEDICAL AUTHORIZATION. In the event of an injury to the above minor during the above described activities, I give my permission to Myriad Outreach Project DBA Meals on Onewheels or to the employees, representatives or agents of Myriad Outreach Project DBA Meals on Onewheels to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the day of the outreach and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed. Myriad Outreach Project DBA Meals on Onewheels shall have the following powers:
a. The power to seek appropriate medical treatment or attention (on behalf of my child) as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
b. The power to authorize medical treatment or medical procedures in an emergency situation; and
c. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Myriad Outreach Project DBA Meals on Onewheels has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any o its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and any judgment may be entered upon it by any court having proper jurisdiction.
VIDEO CONSENT AND RELEASE
Effective as of the date shown above, approval for past use and permission for present and future use is being granted to M.O.O Media Production of Myriad Outreach Project DBA Meals on Onewheels, to use a picture or voice recording of Myriad Outreach Project DBA Meals on Onewheels Team, Volunteers, and Participants. Permission is being given by the undersigned, Myriad Outreach Project DBA Meals on Onewheels Team, Volunteers, and Participants, of 1420 Jackson Street F, Oakland, California, 94612 (the "Recorded Party"), as more fully explained in this Consent and Release. The undersigned is an adult and fully authorized to sign this Consent and Release.
For a valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby grants to _________________ its agents, employees, licensees, and successors in interest (collectively, the "Released Party") all ownership rights and the absolute and irrevocable right and permission to copyright, use and publish the recorded image and/or voice of Myriad Outreach Project DBA Meals on Onewheels Team, Volunteers, and Participants (the "Image and/or Voice") that has been (or is being) obtained pursuant to this Consent and Release.
The Image and/or Voice may be copyrighted, used and/or published individually or in conjunction with other photography, video works, and recordings, and in any medium (including without limitation, print publications, public broadcast, CD-ROM format) and for any lawful purpose, including without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic publication.
The undersigned represents and warrants that (i) no other party has been granted an exclusive license with respect to the Image and/or Voice, and (ii) no other party's authorization or consent is required with respect to the permission granted to the Released Party under this Consent and Release.
The undersigned waives any right that the undersigned may have to inspect or approve the Released Party's use of the Image and/or Voice, or the advertising copy or printed matter that may be used in connection with the use and/or publication of the Image and/or Voice. The undersigned releases the Released Party (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Image and/or Voice (collectively, "Claims"). This release includes without limitation any Claims related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of the Image and/or Voice.
PHOTO RELEASE
For good and valuable consideration, the receipt of which is hereby acknowledged, I, ___________________, hereby grant Myriad Outreach Project DBA Meals on Onewheels permission to use my likeness in a photograph in any and all of its publications, including but not limited to all of Myriad Outreach Project DBA Meals on Onewheels's printed and digital publications. I understand and agree that any photograph using my likeness will become property of Myriad Outreach Project DBA Meals on Onewheels and will not be returned.
I acknowledge that since my participation with Myriad Outreach Project DBA Meals on Onewheels is voluntary, I will receive no financial compensation.
I hereby irrevocably authorize Myriad Outreach Project DBA Meals on Onewheels to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing Myriad Outreach Project DBA Meals on Onewheels's programs or for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.
I hereby hold harmless and release and forever discharge Myriad Outreach Project DBA Meals on Onewheels from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.