AGREEMENT AND LIABILITY WAIVER AND RELEASE OF ALL CLAIMS
In consideration of being permitted to participate in the San Leandro Cherry Festival Cherry Pie Eating Contest (the “Activity”) on June 1, 2024, I, the undersigned, hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this Agreement and Liability Waiver and Release of All Claims (“Agreement”) as executed on the date stated below and pursuant to the terms as stated below.
1. Waiver and Release. To the fullest extent allowed by law, I hereby agree to release, hold harmless, waive and discharge the City of San Leandro, their officers, officials, employees, volunteers, agents, attorneys, heirs, representatives, successors and assigns (“Released Parties”) from and against any and all liability, claims, demands, or causes of action, loss, expenses and costs (including attorneys’ fees), arising out of any loss, damage, or injury, including death, illness, paralysis, economical or emotional loss, that may be sustained by me or to any property belonging to me, arising out of my participation in the Activity or while upon the premises where the Activities occur, excepting those claims arising solely from the gross negligence or willful misconduct of the Released Parties. I agree not to sue any of the Released Parties on the basis of these waived and released claims. To the extent that statue or case law does not prohibit release for negligence, this release is also for negligence on the part of the City of San Leandro, its agents, and employees, officials and volunteers.
I acknowledge that the City of San Leandro and its officials, employees, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of the City of San Leandro.
2. Assumption of the Risk. I fully understand and am aware that my participation in the Activity may involve risk, danger, and hazards that may cause serious personal injury, illness, communicable diseases (including COVID-19), property damage, and death including losses which may result not only from my own actions, inactions or negligence, but also from the actions, inactions, or negligence of others, the condition of the facilities, equipment, or areas where the Activity is being conducted. I fully understand that there are inherent dangers and risks associated with the Activity, including, but not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death, including those that may be caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participant, volunteers, spectators, event officials and event monitors, and/or producers of the event, and injuries are a common and ordinary occurrence. Nonetheless, I hereby acknowledge that I am voluntarily participating in the Activity and agree to assume all related risks, both known or unknown to me, for my participation in the Activity, including travel to, from and during the Activity.
Additionally, I acknowledge and am aware that:
- eating a pie at a fast rate is a potentially hazardous and uncomfortable activity;
- I should not enter and eat the pie unless I am medically capable;
- I agree to abide by all contest rules and any decision of the contest officials;
- there are risks inherent in participating in such an activity, including but not limited to indigestion and contact with other contestants;
- photos and videos will be taken and may be used for promotional purposes by the organizers.
I further acknowledge that I have read and will adhere to the attached rules or regulations and to follow any guidelines or instructions that the City of San Leandro may provide orally or in writing.
3. Indemnification. I agree to indemnify and hold harmless the City of San Leandro against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone in my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If the City of San Leandro incurs any of these types of expenses, I agree to reimburse the City of San Leandro.
4. Medical Treatment. I hereby release and forever discharge the Released Parties, from any and all claims whatsoever that arise or may hereafter arise on account of any first aid, treatment or medical service rendered in connection with the Activity. In the event that I, or my minor, should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
5. Property Damage. In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of negligence or recklessness.
6. Other. This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the undersigned and the City of San Leandro agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on language in accordance with the purpose for which it is entered into.
7. Severability. In the event that any provision contained within this Agreement shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this Agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
