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Participant Waiver of Liability and Release
In consideration of participating in the “Activity” (described below), and as lawful consideration for being permitted to participate in the Activity, I represent that I have full legal authority to complete this registration and/or ticket purchase for the Activity on behalf of myself and/or any party (“Registered Parties”) that I am registering for this event. I hereby agree to release, waive, discharge, covenant not to sue, indemnify, and hold harmless ASHA FOR EDUCATION, a California non-profit corporation (“Asha”), and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (together with Asha, hereinafter collectively referred to as “Releasees”), on behalf of myself, all Registered Parties, and their children, parents, heirs, assigns, personal representative and estate. By registering for this event, I agree that all terms of this release shall apply equally to all Registered Parties and also agree as follows:
1. I acknowledge that the Asha Holi Festival (the “Activity”) involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, eye injuries, allergic reactions to the colors used, injuries to the body due to collisions with other participants, reactions to food and water available at the event and other injuries at this outdoor event with colors, water and music. I understand such risks simply cannot be eliminated, despite the use of safety equipment or other preventive action taken, without jeopardizing the essential qualities of the Activity. ASHA IS NOT RESPONSIBLE FOR PROVIDING ANY SAFETY EQUIPMENT OR TAKING ANY PREVENTIVE ACTION.
2. I acknowledge that I am physically fit, and that I am not aware of any personal health, physical problems, or other ailments which would interfere with my participation in the Activity. I acknowledge that I am responsible for my own safety.
3. I expressly accept and assume all of the risks inherent in this Activity as described herein or that might have been caused by the Releasees. My participation in this Activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation. I agree to follow any rules and guidelines regulating the Activity.
4. I HAVE HAD THE OPPORTUNITY TO DISCUSS THIS RELEASE WITH A LAWYER AND, IF I AM UNDER THE AGE OF 18, A PARENT OR GUARDIAN.
5. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, losses, damages, fees (including punitive damages, court costs, and attorneys’ fees), or causes of action (including those arising out of any medical treatment), known or unknown, which are in any way connected with my participation in this Activity, or my use of their equipment or facilities. This release does not apply to claims arising from willful or wanton misconduct of Asha. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this release, I agree to indemnify and hold them harmless for all such fees and costs.
6. I represent that I have adequate health or medical insurance to cover any injury or damage I may suffer or cause while participating in this Activity, or else I agree to bear the costs of such injury or damage myself. ASHA IS NOT RESPONSIBLE FOR PROVIDING ANY HEALTH OR MEDICAL INSURANCE TO ME. In the event that I am injured, I consent to receive appropriate medical attention by those around me or professionals.
7. I hereby grant and convey unto Asha all rights, title, “likeness”, and interest in any and all digital or photostatic photographic images, and video or audio recordings made by Asha and I authorize the use and dissemination in any marketing, on the Internet, Facebook, Twitter, Asha’s web-site or other mediums.
8. In the event that I file a lawsuit, I agree to do so solely in the State of California, and I further agree that the substantive law of that state shall apply, notwithstanding California’s rules relating to the conflict of laws principles. I expressly waive and release any rights I may have under California law to pursue past, present, or future claims against Asha. This release is intended to be as broad and inclusive as is permitted by the law of the State of California. I agree that if any portion of this release is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This release cannot be changed orally and any changes must be signed by both Asha and the undersigned.
9. I have had sufficient time to read this entire release prior to signing it. Also, I understand that this Activity might not be made available to me or that the cost to engage in this Activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. This release may be executed electronically and a fully executed signature page may be delivered in any electronic format and any such pages such be deemed an original signature page and fully effective as such.