2013 Giant Race Volunteer Consent, Indemnification and Release Agreement
FOR AND IN CONSIDERATION of my participation in and use of any of the programs, premises, facilities and equipment of San Francisco Giants Enterprises, LLC ("Productions"), in connection with The 2013 Giant Race (the "Event") as a volunteer (collectively, "Participation") to the fullest extent permitted by applicable law I DO HEREBY agree as follows:
By my participation in the Event, I represent that I have inspected the premises, facilities, and equipment to the extent I believe is necessary for careful consideration I ACKNOWLEDGE THAT MY PARTICIPATION MAY INCLUDE A RISK OF SERIOUS INJURY (KNOW OR UNKNOWN), WHICH MAY INCLUDE PERMANENT DISABILITY OR PARALYSIS, OR DEATH. I have determined that participation is reasonably safe for me.
I ASSUME FULL RESPONSIBILITY FOR, AND ALL RISK OF, any property damage, bodily injury or death that I may suffer for any reason due to my Participation.
I HEREBY IRREVOCABLY GRANT to Productions and its parent, related and affiliated companies, any third parties they may authorize, the right to photograph me and make recordings of my voice at the Event, and the right to use pictures and other reproductions of my physical likeness (as it may appear in any camera photograph and/or motion picture film or tape) and recordings of my voice in any medium in any form without any right on my part to inspect any such reproductions or recordings and without regard to whether any financial benefit accrues to any such year.
I RELEASE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS Productions and its parent, related and affiliated companies and their officers, employees, agents and their sponsors, City & County of San Francisco, its officers, employees, and agents; The National Park Services, its officers, employees, and agents; AT&T Park, their officers, employees, agents, and their sponsors, (collectively, "Releasees"), from any claims known or unknown, existing now or in the time of the future, that I may now or hereafter have against the Releasees, arising in any way out of my Participation in the Event regardless of any fault or negligence on the part of the Releasees.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of California are herby expressly waived by you. Said section reads as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time executing the release, which if known by him must have materially affected his settlement with the debtor. Notwithstanding the provisions of Section 1542 and for the purpose of implementing a full and complete release, you expressly acknowledge that this Agreement is intended to include all claims known or unknown by you at this time. This Waiver and Release and all disputes brought by the signatory hereunder, shall be governed, construed and decided in accordance with the laws of the State of California.
6. If I become injured or ill while participating as a volunteer for Productions, I hereby authorize Productions to administer, or cause and consent to the administration of, whatever first aid, medical care, dental care or other treatment and medications as may be necessary under the circumstances, including treatment by a physician, dentist or hospital, although I hereby acknowledge that Productions has no obligation to do so. I further acknowledge that Productions does not endorse the services of any physician or hospital that may treat me. I understand that I will be financially responsible for the cost of any such care, treatment or medication and that the Releasees will have no obligation to pay any such costs.
7. I have carefully read this agreement, and I know and understand what it means. My signature below is my own free act, and I intend it to be legally binding on me. This agreement constitutes the entire understanding between Productions and myself regarding the subject matter hereof and supersedes any prior statements, agreements or representations, whether written or oral, regarding that subject matter.