MARTIS CAMP CLUB
Release, Waiver, and Covenant Not to Sue
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In consideration for the opportunity to use the premises, facilities, and equipment of Martis Camp Club, a California nonprofit mutual benefit corporation ("Club"), and/or participate in recreational or social activities sponsored by the Club, I, the undersigned Participant, do voluntarily execute and deliver to the Club this Release, Waiver, and Covenant Not to Sue ("Release"), with the intent that it be legally binding on myself, my spouse (if married), my next of kin, and my heirs, executors, administrators, legal representatives and assigns ("Releasing Parties").
I understand that it is my choice to participate in any social or recreational activity conducted on the Club premises or organized or arranged by the Club and conducted at an offsite location. I fully recognize that there are a variety of hazards and risks associated with use of the Club premises and engaging in social or recreational activities on the Club premises, as well as hazards and risks associated with activities and trips that may be sponsored, arranged, organized, operated, or offered by or through the Club which take place off of the Club premises ("Risks"). I acknowledge that such Risks include, but are not limited to, hazards associated with the game of golf (e.g., being hit by errant golf balls), proximity to pools, lakes, and rivers (e.g. slipping, capsizing, drowning), encounters with wildlife and outdoor terrain, as well as risks associated with the use of vehicles, boats, bicycles, or other equipment for transportation to and from an activity, or during activities (including collision, malfunction, flipping, or rolling), any of which could result in loss or damage to personal property, personal injury, or death. I hereby agree to assume all such Risks, whether or not specifically identified above, and assume full responsibility for my own personal safety and the security of my personal property on the Club premises and while engaged in any activities sponsored, arranged, organized, operated or offered by or through the Club.
I hereby release and agree to indemnify and hold harmless the Club, its successors, assigns, members, officers, managers, employees, agents, and contractors, and all persons, companies, corporations, partnerships and other entities with which are now or in the future may become affiliated with the Club (collectively, "Released Parties"), from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any property belonging to me, on the Club premises or while traveling to or from or participating in any such activity, or while in or on the premises where the activity is being conducted, whether caused by the negligence of the Released Parties or otherwise. I understand that by executing this Release I am, among other things, waiving all rights of the Releasing Parties to sue the Released Parties or any of them for injuries, damages or losses to myself or my personal property.
I acknowledge and represent that I am at least eighteen (18) years of age and fully competent and that I have adequate medical or health insurance to cover any medical assistance that I may require. I further consent to the Club seeking medical attention for me if Club believes it to be necessary or prudent while I am on the Club premises or participating in any activity sponsored or arranged by the Club off of the Club premises, and I agree to be responsible for any cost of such treatment.
I agree that this Release shall be interpreted and enforced under California law. I understand that this Release is intended to be as broad and inclusive as permitted by California law and agree that, if any provision of this Release is held invalid, the remaining provisions shall continue in full force and effect. If any provision of this Release is held unenforceable as to a particular type of claim, the court may modify it as necessary to allow it to remain enforceable as to other types of claims.
I have read the foregoing Release, understand it, and agree to be legally bound by its terms.
Adult
MARTIS CAMP CLUB
Consent to Use of Photographs and Likenesses
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In consideration for the opportunity to use the premises, facilities, and equipment of Martis Camp Club, a California nonprofit mutual benefit corporation ("Club"), and/or participate in recreational or social activities sponsored by the Club, I, the undersigned Participant, or as the parent or legal guardian of a minor Participant identified below, do voluntarily execute and deliver to the Club this Consent to Use of Photographs and Likenesses ("Consent"), and I hereby:
(a) authorize the Club, its employees, agents and contractors to take and use visual/audio images and recordings of me and/or the Participant before, during and after our participation in activities or events sponsored by the Club, whether taking place on the Club premises or elsewhere, which images may include, but need not be limited to, photographs, digital images, drawings, renderings, voices, sound or video recordings, audio clips or accompanying written descriptions.
(b) agree that the Club shall own such images and recordings and all rights related to them and may use the images in any manner or media without notifying me in advance. Such potential uses include promotional, advertising, and trade uses, through any medium or format, including, but not limited to, videotape, audiotape, film, photograph, television, radio, digital, internet, theater, or exhibition, and display on web sites related to or promoting the Club or the Martis Camp community and in publications, promotions, broadcasts, advertisements, posters and theater slides.
(c) waive any right to inspect or approve the finished images and recordings or any printed or electronic matter that may be used with them, or to be compensated for them. I understand that I will receive no consideration, monetary or otherwise, regardless of whether or not the images are published.
I release the Club and those acting pursuant to its authority from liability for any violation of any personal or proprietary right I may have in connection with such images and recordings or their use.
I hereby freely and voluntarily consent to the use and publication of the images by the Club from this date forward until I revoke this consent in writing.
I have read the foregoing Consent, understand it, and agree to be legally bound by its terms.