EXPRESS WAIVER OF LIABILITY RELEASE AND INDEMNITY AGREEMENT
In consideration for being allowed to participate in the volunteer opportunity (the “Activity”) sponsored by Love Stanislaus County, Modesto, CA (herein “Entity”) the undersigned (“Participant”) does hereby agree to this express waiver of liability against Entity, and makes the release and Indemnity Agreement with Entity set forth below. The Participant for them
selves, and their personal representatives, assigns, heirs, and next of kin, children, and each and every one of them, declares as follows:
The Participant is fully aware of the risks and hazard inherent in engaging or participating in the Activity, including, but not limited to, the possibility of injury, paralysis or death, and voluntarily assumes all risks of loss, damage, injury or death that may be sustained in engaging or participating in the Activity; and
The Participant is fully aware that the Activity is a group activity and therefore increases the likelihood of exchange of transmissible pathogens, bacteria, viruses, or other microorganisms (“Pathogen”) between persons attending the Activity and does so at the Participant’s sole risk. By executing this agreement, the Participant hereby voluntary assumes the risk and accepts sole responsibility that the Participant or the Participant’s family members, attendees, agents, co-work ers, and any other person the Participant comes in contact with, may be exposed or infected by one or more Pathogens and such exposure or infection may result in illness, personal injury, illness, permanent disability, death or other claim,
damage loss, liability or expense. The Participant acknowledges and understands that the risk of becoming exposed to or infected by a Pathogen while participating in an Activity may result from the actions, omissions, or negligence of the Entity, the Entity’s employees, volunteers, participants, and entities that host the Activity.
THE PARTICIPANT FOR THEMSELVES, AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, CHILDREN, AND EACH AND EVERY ONE OF THEM HEREBY VOLUNTARILY RELEASES, DISCHARGES, WAIVES AND RELINQUISHES ANY AND ALL CLAIMS, ACTIONS, OR CAUSES OF ACTION FOR PERSONAL INJURY OF ANY KIND HOWEVER ARISING, PROPERTY DAMAGE, OR DEATH EACH MAY HAVE AGAINST ENTITY, ITS DIRECTORS, OFFICERS, MEMBERS, AFFILIATED ENTITIES, SUBSIDIARIES, AGENTS, ATTORNEYS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, HEIRS, LICENSEES, VOLUNTEERS, ASSIGNS AND ALL PERSONS ACTING IN CONCERT AND PARTICIPATING WITH IT, INCLUDING, WITHOUT LIMITATION, ANY PERSON OR ENTITY HOSTING AN EVENT RELATED TO THE ACTIVITY (HEREINAFTER COLLECTIVELY REFERRED TO AS “RELEASED PARTIES”) OCCURRING OR ARISING AS A RESULT OF THE ACTIVITY OR THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITY. BY SIGNING BELOW, THE PARTICIPANT UNDERSTANDS AND AGREES THAT THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE ENTITY, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, VOLUNTEERS, AND ALL OTHER RELEASED PARTIES. THE PARTICIPANT FURTHER AGREES THAT IF, DESPITE THIS RELEASE, THE PARTICIPANT, OR ANYONE ON THE PARTICIPANT’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES NAMED ABOVE, THE PARTICIPANT WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY LITIGATION EXPENSES, ATTORNEYS' FEES, LOSS, LIABILITY OR DAMAGE, OR ANY OTHER COST RESULTING FROM SUCH A CLAIM.
The Participant hereby covenants that this Agreement shall apply to all unknown and unanticipated claims, injuries, causes of action and damages, as well as any known claims, and waives the provisions of Section 1542 of the California Civil Code, and the similar provisions in any other state of the United States or the Common Law, which provide:” A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debt or.”
