San Diego Community Assist, San Diego Peace Coalition, Jacobs Center & Ice Storm Marketing

RELEASE, WAIVER & INDEMNITY AGREEMENT (THIS “RELEASE”)

Event/Activities: San Diego Community Assist Charity Free Youth Community Carnival.

Participant Release and Waiver

In consideration of being permitted to enter the San Diego Community Assist (SDCA) Free Youth Carnival (“Event/Activity”) and engage, participate or be involved in the Event/Activity, Participant, for himself/herself, and for and on behalf of any spouse, heirs, legal representatives, executors, administrators, successors and assigns of Participant (the “Representatives”) hereby expressly and irrevocably, to the maximum extent permitted by applicable law: (i) forever releases, acquits and discharges SDCA, San Diego Peace Coalition (sdpc), Jacobs Center & ICE STORM MARKETING and its officers, directors, managers, employees, shareholders, members, partners, joint venturers, sponsors, consultants, landlords, tenants, invitees, licensees, operators, subtenants, representatives and agents, and each of their respective successors and assigns (each, a “Releasee” and, collectively, the “Releasees”) of, from and against any and all causes of action, suits, claims, proceedings, damages, judgments, awards, demands, debts, liabilities, obligations, levies. executions, rights, damages, costs, penalties, expenses and fees (including attorneys’ and other professionals’ fees and expenses), whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, whether for accident, property damage or loss, loss of services, personal injury, physical or emotional distress, permanent or temporary disability, death or otherwise, of any kind or nature, which Participant and his/her Representatives ever had, has, or may have, or claim to have against any of the Releasees, in connection with, resulting from or arising out of the Event/Activity, including, but not limited to, the Risks, whether caused in whole or in part by actual or alleged negligence or other acts or omissions of the Releasees or any third party (collectively, “Losses”), (ii) grants to SDCA, SDPC, JACOBS CENTER & ICE STORM MARKETING consent, permission and authorization to the unlimited, worldwide use in perpetuity of Participant’s name, image, photograph, likeness, other personal attributes or identifying features, quotes or statements, performance and voice obtained or recorded in conjunction with the Event/Activity (collectively, the “Image”), without any other consent, notice, fee, payment, compensation or other requirements, in whatever form or medium now existing or later developed or used, including without limitation, still photographs, film, television, motion pictures, radio, videotape, sound recordings, print and website or internet graphics, in connection with or for any tangible or intangible goods, products, services, packaging, social media posts, promotional materials, events, marketing materials, advertising, and other materials, items or information, (iii) agrees that  may, with respect to all or any portion of the Image, use, publish, display, reproduce, distribute, distort, destroy, alter, retouch, modify, adapt, translate, use in a performance, or change the Image without providing any compensation, notice or any other right or interest to, or receiving the consent of, Participant, (iv) forever releases, waives and discharges any and all Losses, for, upon or by reason of any matter, act or thing relating or arising out of Participant’s presence, observation, engagement, involvement and/or participation in the Event/Activity, or any use of the Image by SDCA, SDPC, JACOBS CENTER  & ICE STORM MARKETING, regardless of whether any injury or death or other Loss sustained by Participant is caused by, arises out of or is attributable to actual or alleged negligence or other acts or omissions of any Releasee or any third party, and covenants not to sue any Releasee for any of the foregoing, and (v) transfers and assigns to SDCA, SDPC, JACOBS CENTER & ICE STORM MARKETING all right, title, and interest in and to any and all rights of copyright, trademark and service mark (including goodwill), trade dress, artistic rights, character rights, publicity rights, and any and all other proprietary rights of any kind whatsoever, and also waives all moral rights relating to the Image or the use thereof by SDCA, SDPC, JACOBS CENTER & ICE STORM MARKETING in connection with any of the purposes set forth above in this paragraph.

Participant, for himself/herself, and for and on behalf of his/her Representatives, shall indemnify, defend, and hold harmless the Releasees from and against any and all Losses that the Releasees may incur or suffer (including third party claims), which relate to or arise out of the Image or Participant’s engagement, involvement and/or participation in the Event/Activity, regardless of whether any Loss sustained by Participant is caused by, arises out of or is attributable to actual or alleged negligence or other acts or omissions of any Releasee or any third party. In the event of injury or illness, Participant authorizes SDCA, SDPC, JACOBS CENTER & ICE STORM MARKETING to take all appropriate actions, including administration of emergency medical treatment and ambulance or other transport, and Participant will pay and be solely responsible for all related medical and other related costs and expenses through personal health insurance or other means, and the Releasees shall have no responsibility therefor. Participant will be solely responsible for any damage or loss caused by Participant to any equipment, machinery or other property of the Releasees and shall indemnify and hold harmless the Releasees for all related damages, fees, costs and expenses. Participant will strictly abide by and adhere to all rules and regulations of the Jacobs Center for the Event/Activity and follow all signage, directions, warnings, instructions and guidance relating thereto, including without limitation, warnings and instructions for proper participation techniques, procedures and methods for the Event/Activity.

Participant is in fully sufficient and capable physical, emotional and mental state to engage and participate in each Event/Activity. Participant will not engage or participate in any Event/Activity under the influence of any drugs or alcohol. In the event any portion of this Release shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Release all of which shall remain in full force and effect and be valid and binding. This Release shall be governed by and construed in accordance with the laws of the State of California and the exclusive jurisdiction for any suits, claims or disputes relating to or arising out of this Release shall be in the state courts or the Federal District Court. This Release represents the complete understanding and agreement with respect to the subject matters in this Release and no oral or verbal representations, statements or inducements have been made apart or outside of this Release.

PARTICIPANT HAS CAREFULLY READ THIS RELEASE IN ITS ENTIRETY AND FULLY UNDERSTANDS ITS CONTENTS AND ITS MEANING AND ALL LEGAL, ECONOMIC AND OTHER CONSEQUENCES THEREOF. PARTICIPANT IS FULLY AWARE THAT THIS IS A RELEASE AND WAIVER OF SUBSTANTIAL RIGHTS OF PARTICIPANT AND LIABILITIES OF SDCA, SDPC, JACOBS CENTER & ICE STORM MARKETING AND OTHER RELEASEES (INCLUDING LIABILITY FOR NEGLIGENT ACTS OR OMISSIONS), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND PARTICIPANT HAS SIGNED IT VOLUNTARILY AND INTELLIGENTLY OF HIS/HER OWN FREE WILL AS A COMPLETE, UNEQUIVOCAL AND UNCONDITIONAL ACCEPTANCE OF THE FOREGOING RELEASES AND WAIVERS AND OTHER TERMS AND PROVISIONS HEREOF AS A LEGAL, VALID AND BINDING AGREEMENT, WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE OR GUARANTEE OF ANY NATURE BY ANY PARTY.

Each Participant understands that submitting the Participant’s agreement and consent to this Release in electronic or other similar format without an original physical signature (such as, but not limited to, clicking a tab or button labelled “I Agree”, “I Acknowledge” or “Agreed” or “Acknowledged”, or other similar language, in SDCA, SDPC, JACOBS CENTER & ICE STORM MARKETING’s website or other media), constitutes a valid, binding and enforceable electronic signature within the meaning of the California’s Uniform Electronic Transactions Act, Civil Code §§ 1633.1 through 1633.17