16th Annual Food, Wine & Brew Tickets

TERMS AND CONDITIONSPreamble. As used in this Agreement, the term the “Releasor” shall mean a volunteer and/or participant and or the parent/legal guardian of the minor volunteer and/or participant. The term “Related Persons” shall mean a Releasor’s heirs, assigns, executors, administrators, next of kin and other persons acting or claiming to act on their behalf. The term “Events/Programs/Services” shall mean City of Gardena events, programs, and/or services that the “Releasor” partakes in during the twelve (12) month period of this Agreement. 1. Acknowledgment of COVID-19 Risks. Releasor understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented at the Events/Programs/Services, (collectively, the “COVID-19 Protocols”), can eliminate the risk of exposure to COVID-19; (c) people of all ages and health conditions, including healthy young people, have been adversely affected by COVID-19; (d) certain people have been identified by public health authorities as having greater risk based on their age or underlying medical conditions; and (e) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death, regardless of a person’s age or health condition. Releasor also acknowledges that the COVID-19 Protocols may prove inadequate to prevent the exposure and transmission of COVID-19 and that it is possible that from time-to-time persons present at the Events/Programs/Services or at any locations in which the Events/Programs/Services may be held, may not comply fully with the COVID-19 Protocols. Releasor understands that the implementation of the COVID-19 Protocols does not guarantee that Releasor will not be exposed to or contract COVID-19 as a result of their attendance in the Events/Programs/Services or pass COVID-19 on to others, including family members of Releasor. Releasor understands and knowingly and voluntarily assumes all risks related to traveling to and from and participating in the Events/Programs/Services. Those risks may include an increased risk of exposure to illness (including, but not limited to, COVID -19), personal injury, disability, and other short-term or long-term health effects including death, which might result not only from Releasor’s own actions, inactions or negligence, but from the actions, inactions or negligence of any of the Released Parties (as defined below). The Releasor accepts that they have personal responsibility for any and all costs and expenses, damages, liability, and other losses that Releasor or any Related Persons may incur in connection with the risks described above.2. Release, Waiver and Covenant Not To Sue. For purposes of this Agreement, (i) the term “Released Parties” shall mean the City of Gardena (“CITY”) , the Gardena City Council and each member thereof, present and future, and every officer, agent and employee of the CITY and every member of its boards and commissions, and (ii) the term “Claims” shall mean any and all liability, lawsuits, causes of action and claims for damages, costs or expenses, whether past, present or future, and whether known or unknown.Releasor on their own behalf, and on behalf of their Related Persons, hereby knowingly, voluntarily and irrevocably and forever holds harmless, release, waive and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to), all Claims, including, but not limited to, Claims arising out of or in connection with death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Releasor and any Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) Releasor’s exposure to COVID-19; (ii) Releasor’s attendance at the Events/Programs/Services and participation in activities at or related to the Events/Programs/Services; (iii) Releasor’s travel to or presence at the Events/Programs/Services, or at any location to which they may travel in connection with the Events/Programs/Services; or (iv) any of the risks identified above in this Agreement. Releasor understands that this hold harmless, release, waiver and covenant not to sue includes any Claims based on the negligence, action or inaction of any of the Released Parties and covers Claims of any sort, whether suffered before, during or after Releasor’s participation in the Events/Programs/Services.Releasor recognizes and agrees that this hold harmless, release and waiver of liability is a full, general and final release and waiver of all Released Claims. Releasor further acknowledges that Releasor has read Section 1542 of the Civil Code of the State of California, which currently provides as follows:A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.Releasor understands that, pursuant to Section 1542, Releasor has the right not to release existing claims of which Releasor is not now aware, unless Releasor voluntarily chooses to waive this right. Even though Releasor acknowledges that Releasor is aware of such right, by signing below, Releasor nevertheless hereby voluntarily waives such rights and elects to assume all risks for claims that now exist in Releasor’s favor, known or unknown, arising from the subject matter of the waiver of liability and release set forth herein.3. Photo Release. I, the Releasor, hereby grant the City of Gardena, its officers, employees, and agents the right to photograph or video-record myself and/or minor relating to Events/Programs/Services for any purpose, including publicity and promotion of the CITY or its respective events. Releasor hereby grants the City of Gardena, its officers, employees, and agents the right to edit, alter, copy, exhibit, publish, or distribute myself and/or minor’s photograph or video-recorded likeness, and any image, silhouette, or reproduction of myself and/or minor, myself and/or minor’s voice or appearance during or in connection with CITY Events/Programs/Services. In addition, Releasor waives any right to inspect or approve the finished product wherein myself and/or minor’s photograph, video-recorded likeness, image, silhouette, reproduction of myself and/or minor or myself and/or minor’s voice appears. Releasor hereby waives any license fee or right to royalties of any kind or other compensation arising or related to the use of all photographs of myself and/or minor or video-recorded likeness, and any image, silhouette, or reproduction of myself and/or minor, myself and/or minor’s voice or appearance during or in connection with CITY Events/Programs/Services. Releasor hereby understands and agrees that all photographs of myself and/or minor or video-recorded likeness, and any image, silhouette, or reproduction of myself and/or minor, myself and/or minor’s voice or appearance during or in connection with CITY Events/Programs/Services are the property of the City of Gardena and that Releasor will not be paid for them and have no rights to them. Myself and/or minor is participating as a Releasor. Releasor hereby holds harmless, release, and forever discharge the City of Gardena, its officers, employees, and agents from any and all claims, demands, and causes of action which Releasor, Releasor’s heirs, representatives, executors, administrators, or any other persons acting on Releasor’s behalf or on behalf of Releasor’s estate have or may have by reason of this authorization. By signing this release, Releasor affirms that Releasor is of the age of majority and has the right and authority to contract on behalf of the myself and/or minor. Releasor has read this entire document, understands its contents, and agrees to the rights and responsibilities it defines for each respective party.4. Governing Law. Releasor agrees that this Agreement shall be governed by the laws of the State of California without regard to choice of law principles.5.Severability. Releasor agrees that if any part of this Agreement is declared illegal, unenforceable or ineffective to any extent, that part of the Agreement shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, that part of the Agreement shall be severed from the rest of the Agreement, so that all of the other provisions contained in this Agreement shall remain valid and binding.THE WAIVERS AND RELEASES GRANTED BY RELEASOR HEREUNDER ARE LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. RELEASOR AGREES THAT THE ORGANIZERS MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.RELEASOR MUST COMPLETE: I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT. I understand its terms, including that I am giving up substantial legal rights. I understand that this Agreement is a material inducement for Releasor’s admission to and continued participation in the Events/Programs/Services and that the Events/Programs/Services Organizers and the other Released Parties are relying upon it. I also agree that no promises, statements or inducements contrary to anything contained in this Agreement have been made by any of the Released Parties. I acknowledge that I have had the opportunity to seek legal advice regarding this Agreement.

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