By registering for and voluntarily participating in the Earth Day Cleanup event (the “Event”), I acknowledge, understand, and agree as follows:
ASSUMPTION OF RISK: I understand that participation in the Event involves inherent risks, including but not limited to physical exertion; lifting, bending, and walking; exposure to weather conditions; uneven or slippery surfaces; vehicular traffic; sharp or hazardous objects; refuse or debris; insects or animals; and other conditions that may result in property damage, personal injury, serious bodily injury, illness, permanent disability, or death.
I knowingly, voluntarily, and expressly assume all risks, both known and unknown, foreseeable and unforeseeable, associated with my participation in the Event, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.
RELEASE AND WAIVER OF LIABILITY: In consideration of being permitted to participate in the Event, I hereby waive, release, discharge, and covenant not to sue the Downtown Albany Restoration Program, Inc., more commonly known as the Downtown Albany Business Improvement District (BID), the City of Albany, and their respective elected officials, officers, directors, board members, employees, agents, contractors, volunteers, sponsors, affiliates, and representatives (collectively, the “Released Parties”) from any and all claims, liabilities, demands, actions, causes of action, damages, losses, costs, or expenses of any kind, including attorneys’ fees, arising out of or related to my participation in the Event, including but not limited to claims for personal injury, property damage, illness, emotional distress, or death, whether arising from the negligence of the Released Parties or otherwise, except to the extent prohibited by law.
INDEMNIFICATION: I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to my participation in the Event or my failure to comply with Event rules, instructions, or applicable laws.
MEDICAL CARE AND INSURANCE: I certify that I am physically capable of participating in the Event and have no medical condition that would prevent safe participation. I understand that I am solely responsible for my own medical insurance coverage and for any medical expenses incurred as a result of participation. I authorize Event organizers to obtain emergency medical treatment on my behalf if deemed necessary and agree to assume full financial responsibility for any such treatment.
RULES, INSTRUCTIONS, AND REMOVAL: I agree to comply with all safety rules, instructions, and directions provided by Event organizers, City officials, and volunteers. I understand that failure to comply may result in my immediate removal from the Event without recourse.
SEVERABILITY: If any provision of this Waiver is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
GOVERNING LAW: This Waiver shall be governed by and construed in accordance with the laws of the State of New York.
ELECTRONIC ACKNOWLEDGMENT AND CONSENT: By submitting my registration through Eventeny and/or participating in the Earth Day Cleanup, I acknowledge and agree that I am 18 years of age or older, or I am the parent or legal guardian of the registered participant, and I have read, understood, and voluntarily agreed to this Waiver, Release, and Assumption of Risk. I understand that I am giving up substantial legal rights, including the right to sue the Released Parties.
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