SOUTH BAY ROUNDUP WAIVER, RELEASE AND INDEMNITY AGREEMENT

SOUTH BAY ROUNDUP WAIVER, RELEASE AND INDEMNITY AGREEMENT

First and Last Name
THIS LIABILITY RELEASE, WAIVER AND INDEMNIFICATION AND EXPRESS ASSUMPTION OF RISK (“Waiver”) is executed as of the date set forth below. Please read this Waiver and Agreement carefully.

FOR GOOD AND VALUABLE CONSIDERATION, including without limitation in consideration of and for being permitted to participate in any and all activities or social events arranged by or otherwise being involved in any way with the SOUTH BAY ROUNDUP, INC. and its officers, steering committee members, committee chairs, committee members and any other volunteers and affiliates (collectively, “SBRU”), I, on behalf of myself and my executors, administrators, successors, assigns, insurers, attorneys, spouse, children, heirs, and any other person or entity that could or might act on my behalf (HEREINAFTER “I,” “ME” OR “MY”), agree as follows:

  1. I hereby confirm that I have read this Waiver in its entirety. I FULLY UNDERSTAND THAT THIS WAIVER HAS IMPORTANT LEGAL CONSEQUENCES AND THAT THIS WAIVER IS LEGALLY BINDING AND ENFORCEABLE AGAINST ME.
  2. I understand that participation in outdoor programs involves risk. The following is a partial list of the potential risks associated with the activities at the SBRU. This list does not include all inherent risks but serves to provide examples and promote an understanding of the risks, any of which could result in damages, loss, injury, illness, mental stress, permanent disability, or even death (HEREINAFTER “INJURY, ILLNESS, LOSS OR DEATH”).
    · Complications associated with exposure to weather (including water, ocean, heat, sun, lightning), and physical exertion;
    · Perils and hazards arising from unintended contact with others, including participants and members of the general public;
    · Perils and hazards arising from unintended contact with both natural features such as rocks, trees, plants, the ocean, bay, fish, and animals, as well as man-made features such as curbs, pot-holes, piers, streets, etc.;
    · Risk of infectious disease exposure.
  3. I understand that in addition to the risks inherent in all activities at the SBRU, more specific risks accompany each type of activity. For example, bicycling exposes participants to risks of falling, being injured by traffic or other riders or equipment failure. Participation in stand-up paddle boarding and possibly swimming, exposes participants to risks arising from falling off the paddle board, being submerged in water, including drowning and ear infections, and/or injuries arising from a participant colliding with another participant, paddle-boarder, surfer or swimmer. I recognize, understand and assume all the foregoing risks, as well as similar unforeseen risks, and accept personal responsibility for the POTENTIAL OF ANY INJURY, ILLNESS, LOSS OR DEATH resulting from participating in any SBRU activity.
  4. Additionally, the SBRU cannot guarantee that I will not become infected with COVID-19. Further, attending the SOUTH BAY ROUNDUP events could increase my risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending and participating in the SBRU activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the SBRU activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SBRU officers, committee chairs, committee members, volunteers, and program participants.
  5. I HEREBY WAIVE, RELEASE DISCHARGE, AND COVENANT NOT TO SUE the SBRU or its directors, officers, committee members, chairs, participants, volunteers, agents, contractors, successors, assigns, or representatives in connection with ANY INJURY, ILLNESS, LOSS OR DEATH to me or my property which occur during or in connection with any SBRU activities or while participating in any other events or activities SBRU sponsors or co-sponsors or is otherwise involved with. I AGREE THAT THE SBRU AND ITS DIRECTORS, OFFICERS, VOLUNTEERS, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, OR REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THE ACTIVITIES.
  6. I KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY AGREE TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS the SBRU, from and against any and all lawsuits, actions, claims, damages, costs, fees, liabilities (including attorneys’ fees and costs) arising out of or related to any damages. I assume all the foregoing risks, as well as similar unforeseen risks, and accept personal responsibility for the damages due to ANY INJURY, ILLNESS, LOSS OR DEATH resulting from participating in any SBRU activity.
  7. I agree to immediately advise the SBRU if I cause any damage or notice damage to any equipment. I agree to abide by all SBRU rules and regulations, infectious disease precautions, and if the SBRU or any volunteer or other person working with it makes a specific request of or instruction to me, I agree to immediately comply. I am responsible for my health and it is my responsibility to determine if I am capable of participating in the events I attend. It is my responsibility to alert the SBRU volunteers at the start of an event to any conditions, illness, or limitations I may have that may preclude me from fully participating in an event. SBRU volunteers are not medical personnel and cannot provide medical advice or opinions. IF I HAVE ANY QUESTIONS OR CONCERNS ABOUT MY ABILITY TO PARTICIPATE IN A SBRU ACTIVITY, I KNOW THAT IT IS MY RESPONSIBILITY TO CONSULT WITH MY MEDICAL PROVIDER.

By signing below, you are consenting to the legally binding terms and conditions of this Agreement.