RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as “I” or “me”) desires to participate in
(“Activity”) provided by Stand by Me, Inc., a California nonprofit corporation (“SBM”) at 4962 Rubio Ave. Encino, CA 91436 (“Premises”). In consideration of being permitted by SBM to enter the Premises and participate in the Activity and in recognition of SBM’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (“Release”).
I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I am also aware of the contagious nature of bacterial and viral diseases, including COVID-19 (“Diseases”) and the risk that I may be exposed to or contract Diseases by being on the Premises and engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of SBM employees or others, including negligent emergency response or rescue operations of SBM.
I understand that while SBM has implemented measures to reduce the risk of injury from the Activity and the spread of the Disease, SBM cannot guarantee that I will not be injured or become infected with Diseases while on the Premises or during my participation in the Activity and that being on the Premises and engaging in the Activity may increase my risk of contracting Diseases.
NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SBM OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against SBM and its officers, directors, employees, agents, successors, and assigns (“Releasees”) on account of personal or psychological injury, illness, pain, temporary or permanent suffering, disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activity, whether arising out of the ordinary negligence of Releases or otherwise. I covenant not to make or bring any such claim against Releases, and forever release and discharge Releases from liability under such claims. This waiver and release does not extend to claims or any other liabilities that California law does not permit to be released by agreement.
I understand that by signing this release, I am waiving any and all claims of any kind arising out of or attributable to my engaging in the Activity and being exposed to or contracting Diseases, including those claims that may be unknown to me, or which I do not suspect to exist at this time.
WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
I shall defend, indemnify, and hold harmless Releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity, including any claim related to my own negligence or the ordinary negligence of Releasees.
This Release constitutes the sole and entire agreement of SBM and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Release is binding on and shall inure to the benefit of SBM and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Los Angeles County, California and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SBM.