In consideration for being allowed to participate in Touch-A-Truck on April 4, 2020 in Sherman Oaks, California (the “Activity”), on behalf of myself and my heirs, assigns, next of kin and representatives, I, (“Participant”) hereby waive and release, indemnify, hold harmless and forever discharge Junior League of Los Angeles, a California non-profit corporation (“Junior League”), its agents, employees, officers, directors, affiliates, successors and assigns, and each owner of the trucks and other vehicles used in the Activity, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises of, or for the benefit of, Junior League, including climbing in and out of, touching and exploring trucks and other vehicles of all shapes and sizes.
I understand that the activities and functions in which I participate are voluntary. I am aware of the risks associated with climbing in and out of, touching and exploring trucks and other vehicles of all shapes and sizes, which 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/or death. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence; 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 from climbing in and out of, touching and exploring trucks and other vehicles of all shapes and sizes. On behalf of myself, my heirs, assigns, next of kin and representatives, I waive, discharge and release all claims for damages, injuries and death sustained to me or my property, that I may have against Junior League and each owner of the trucks and other vehicles used in the Activity. If I need medical 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.
Additionally, I hereby grant the Junior League, its successors, assigns and licensees, the right to photograph, reproduce and use my name, likeness, appearance and actions in any Junior League purpose promoting the Junior League and in connection with advertising, publicizing and promoting its activities, in any not-for-profit manner whatsoever, in perpetuity, in any part of the universe. I acknowledge that in photographing me Junior League is depicting and portraying me, and I hereby release Junior League, its successors, assigns and licensees, from any claim of any kind or nature whatsoever arising from the use of my image, including, but not limited to, those claims based upon defamation (including libel and slander) invasion of privacy, right of publicity, copyright or any other personal and/or property rights (“Claims”) and agree that I will not now nor in the future assert or maintain any Claim against Junior League, its successors, assigns and licensees. I hereby waive any right that I may have to be consulted about or to inspect or approve the photographs or video or any use thereof. I acknowledge that Junior League shall have the right but not the obligation to utilize the pictures made of me in the photographs, video or other motion pictures or in advertising, publicizing, exhibiting or promoting same, in whole or in part, and that Junior League may alter, edit, add to or subtract from such photographs and video. I acknowledge that Junior League is proceeding with the production, distribution, publication and broadcast of the photographs and video in reliance upon and induced by this agreement. I represent that I have the authority to grant Junior League the permission and rights herein granted, and that no one else’s permission is required with respect to the rights herein granted.
If I make a purchase or register for an event using
www.jlla.org, JLLA will use my Personal Information to process and ship my order, or facilitate my attendance at an event and my Personal Information may also be used in connection with any support function in connection with my order or event registration.
As part of the function of this service, JLLA may from time to time send me e-mail notifications and alerts. JLLA may use my e-mail address to provide me with notices regarding JLLA events, resources, services, or other activities and benefits of JLLA.
I understand that this document is written to be as broad and inclusive as legally permitted by the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.
I expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
This WAIVER AND RELEASE contains the entire agreement between the parties, and supercedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Junior League of Los Angeles and each owner of the trucks and other vehicles used in the Activity, whether by agreement, by operation of law, or otherwise.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 years of age or older and mentally competent to enter into this waiver.
