City of Commerce - General Waiver
In consideration of the City of Commerce granting me, or any minor on whose behalf I sign this agreement ("collectively, the Participant"), permission to use facilities and/or participate in any City of Commerce sponsored activities on or off-site, the undersigned voluntarily agrees to the following contractual terms and conditions:
1. GOOD PHYSICAL CONDITION. The Participant has no physical or medical condition which would endanger the Participant or others, or that would interfere with the Participant's ability to participate in the event/program.
2. ALL RISKS ASSUMED. I am fully aware that serious injuries and possibly even death are sometimes associated with such event/programs, and sporting and recreational activities. I fully realize the dangers and hazards associated with participating in this event/program and fully assume the risks associated with such participation, including, by way of example and not limitation, the following: dangers of falling, tripping, drowning, hitting (coming into physical contact) or being hit by other participants, spectators and fixed or moving objects; dangers arising from facility defects or surface hazards, equipment failure or lack thereof; inadequate safety equipment; and weather conditions; and exposure to communicable diseases, including, but not limited to COVID-19. I accept responsibility to be familiar with the premises, the equipment, the improvements, the weather, and the rules and practices regulating the event/program. Knowing the risks and dangers, I nevertheless agree to assume, for myself and Participant, all event/program risks and dangers (known and unknown, foreseen and unforeseen, and whether mentioned above or not).
3. RELEASE, WAIVER, INDEMNITY, AND COVENANT NOT TO SUE. I agree for myself, or any minor on whose behalf I sign this agreement, and for our executors, administrators, heirs, next of kin, successors and assigns (collectively hereafter called successors} to waive, release, discharge, agree not to sue, and agree to indemnify, hold harmless and defend, to the extent permitted by law, the City of Commerce, its respective directors, officers. employees, volunteers and agents from any and all liability, loss, suits, claims, damages, costs, judgments, and expenses, including attorney's fees and costs of litigation, which directly or indirectly result from or arise in any way out of, or are alleged to result from or arise out of, participation or association with the event/program, including, but not limited to, personal injury, (including death at any time) and property damage or other damage sustained by me or the minor participant, on whose behalf I am signing this agreement, or any person or persons whatsoever, from any cause whatsoever, whether caused by negligence or not. This release is intended to discharge in advance, the City of Commerce, its respective directors, officers. employees, volunteers and agents from and against all liability arising out of or, in any way, connected with me or my child's participation in said program, even if that liability may arise out of negligence or carelessness on the part of the City of Commerce, its respective directors, officers. employees, volunteers and agents.
4. MEDICAL AUTHORIZATIONCONSENT FOR MEDICAL TREATMENT. I agree that this release applies to persons or entities rendering emergency medical treatment. I hereby consent that I, or any minor participant on whose behalf I am signing, may receive emergency medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program or event at the City of Commerce or any other facility where they may be conducting programs. This authorization is given in advance of any specific diagnosis, treatment, or medical care being required, and pursuant to the provisions of California Family Code Section 6900 et seq. In the event the City of Commerce is unable to contact me or to secure my consent in the case of a medical emergency involving my child, I hereby give the City of Commerce and its representatives permission to secure proper medical care and assistance for my child, including, but not limited to, hospitalization, treatment, medication or x-rays. I further authorize any treating physician to use his or her discretion in providing emergency treatment. I agree to pay the costs of all such medical care.
5. PHOTO MEDIA RELEASE, I hereby give my consent for the use of any photographs/videos taken of my child for such publicity as the City of Commerce chooses and release all claims whatsoever which may arise in said regard.
I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS AND THAT IT IS WRITTEN TO BE AS BROAD AND INCLUSIVE AS LEGALLY PERMITTED BY THE STATE OF CALIFORNIA. I UNDERSTAND AND I ASSUME ALL RISKS OF INJURY INVOLVED IN THESE ACTIVITIES AND VOLUNTARILY SIGN MY NAME FOR MYSELF, AND/OR ANY PARTICIPATING MINOR CHILD.