JIMMY MILLER MEMORIAL FOUNDATION WAIVER OF LIABILITY / EXPRESS ASSUMPTION OF RISK / PHOTO & VIDEO RELEASE AGREEMENT

(PLEASE READ CAREFULLY)

I HEREBY CERTIFY THAT I AM AWARE OF THE INHERENT HAZARDS AND RISKS OF THE EVENT I AM PARTICIPATING IN. EVENT: The Jimmy Miller Memorial Ocean Therapy Program, hereby referred to as the “Event.”

I agree as follows: 1. I am participating in the Event on my own free will and am aware of the inherent risks, hazards and possible danger of participating in the event, including possible death; 2. I will act within my physical capability to the best of my ability, and I will not undertake tasks that are beyond my ability; 3. I am familiar with the safe operation and use of equipment and tools that I may utilize in connection with this activity, and I will not undertake to use any equipment or tools with which I am unfamiliar or do not know how to operate safely; 4. I acknowledge that I have received and read appropriate instruction regarding this Event, including appropriate safety and emergency procedures; 5. I will observe all safety rules; 6. I specifically acknowledge that I am engaging in this activity on my own free will, that I am of sound mind and body; 7. I acknowledge that I am not entitled to any compensation, benefit or insurance coverage from the State of California, the Department of Parks and Recreation, the California Coastal Commission, the City of Los Angeles, The Department of Beaches and Harbors, the United States Marine Corps, USMC Base at Camp Pendleton, the Wounded Warrior Battalion-West, the Warrior Foundation Freedom Station, Veterans Village San Diego, the Jimmy Miller Memorial Foundation, Pure Surfing Experience or any Event promoter or sponsor, nor will I make any such claim. 8. I acknowledge that surfing carries a degree of risk that no amount care, caution, instruction, expertise can completely eliminate.

I understand and agree that neither the State of California, California Coastal Commission, California Department of Parks and Recreation, City of Los Angeles, LA County Department of Beaches & Harbors, the United States Marine Corps, USMC Base at Camp Pendleton, the Wounded Warrior Battalion-West, the Warrior Foundation Freedom Station, Veterans Village San Diego, the Jimmy Miller Memorial Foundation, Pure Surfing Experience, Inc. nor any other organizers or promoters or sponsors or property owners involved in this event, nor any of their respective employees, officers, directors, agents or assigns, (hereinafter collectively referred to as “Released Parties”), may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs, or assigns that may occur as a result of my participation in this activity, or as a result of product liability or the negligence of any party, including Released Parties, whether passive or active.

I understand that participating in this Event involves certain inherent risks, including but not limited to, the risks of possible injury, infection or loss of life. Despite these risks, I still choose to proceed in such activity. I know of no physical limitation that should keep me from undertaking the activities associated with this Event. In consideration for being allowed to participate in this activity, I hereby personally assume all risks in connection with the Event for any harm, injury or damage that may befall me as a participant, including all risks connected therewith, whether foreseen or unforeseen.

Further, I understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and my child(ren) may be exposed to or infected by COVID-19 by attending and participating in the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, JMMF employees, contractors, volunteers, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself and my child(ren) (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren)’s attendance at the Event or participation in JMMF programming (“Claims”). On my behalf, and on behalf of my children, assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives, I hereby release, covenant not to sue, discharge, and hold harmless the State of California, California Coastal Commission, California Department of Parks and Recreation, City of Los Angeles, LA County Department of Beaches & Harbors, the United States Marine Corps, USMC Base at Camp Pendleton, the Wounded Warrior Battalion-West, the Warrior Foundation Freedom Station, Veterans Village San Diego, the Jimmy Miller Memorial Foundation, Pure Surfing Experience, Inc. and any other organizers or promoters or sponsors or property owners involved in the Event, and any of their respective employees, officers, directors, agents or assigns, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Jimmy Miller Memorial Foundation, its employees, contractors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the Event or any program offered by the Jimmy Miller Memorial Foundation.

If I should become injured while participating in the Event, I authorize any physician or surgeon licensed in the State of California to perform emergency or surgical treatment as in his or her sole judgment may be necessary. I further declare that I am eighteen and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand that the terms herein are contractual and not a mere recital, that this instrument is a legally binding, and that I have signed this document of my own free act.

BY THIS INSTRUMENT I DO HEREBY EXEMPT AND RELEASE ALL “RELEASED PARTIES,” AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, INFECTION, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

PHOTO & VIDEO RELEASE
By participating in this Event, I understand that photography, filming, video and audio capturing may be taking place and I hereby grant to the Jimmy Miller Memorial Foundation, its agents, sponsors, partners and their respective licensees, successors and assigns (herein collectively called the “licensed parties”) the right to use, publish and copyright my name, image on video and film, picture, portrait, voice and likeness in advertising, promoting and publicizing the Jimmy Miller Memorial Foundation in manner or form throughout the world in any form currently in existence or developed in the future, worldwide and in perpetuity.

I agree that any picture/video taken of me and/or any recording of my voice by the licensed parties is owned by them and I am not owed any form of compensation. I further agree that no advertisement or other material need be submitted to me for any further approval and the licensed parties shall be without liability to me for any distortion or illusionary effect resulting from the publication of my picture, portrait, voice or likeness.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY AND ASSUMPTION OF RISK, PHOTO AND VIDEO RELEASE BY READING IT BEFORE I SIGNED IT ON BEHALF OF MY HEIRS AND MYSELF.
Participant's Name *
Date *

IF PARTICIPANT IS UNDER 18, THE PARENT(S) (OR GUARDIAN(S), IF ANY, MUST SIGN. The above participant has my permission to participate in this Event. I have read and agree to the provisions stated above. I know of no limitations that may restrict this volunteer’s participation in this activity.

VOLUNTEER CODE OF CONDUCT AGREEMENT

We want to ensure that every participant is treated with the value and importance that they deserve. Therefore, I promise to strictly follow the rules and guidelines contained in the Volunteer’s Code of Conduct as a condition of my volunteering for the Jimmy Miller Memorial Foundation.
As a volunteer, I WILL:
1. Set an example in speech, conduct, attitude and demeanor that represents the JMMF appropriately
2. Treat everyone (participants and volunteers alike) with respect, patience, courtesy and consideration
3. Look out for the safety of all participants by monitoring their behavior and reporting any irregularities.
4. Avoid situations where I am alone with a youth participant and/or a participant of the opposite sex such as bathroom breaks or extracurricular activities outside of officially sanctioned JMMF events. Two adults should accompany youths on bathroom breaks for safety and accountability.
5. Not make plans with a legally aged participant or another volunteer as a result of a JMMF introduction without clearing it with the appropriate parties and/or JMMF management.
6. Use only appropriate touch with ALL participants such as arm around the shoulder, walking hand in hand, short congratulatory or greeting hugs, high fives, handshakes, pat on the back or shoulder.
7. Communicate all instances of breach of safety, injuries, difficulties or concerns as shared by the participants throughout the course of their participation to a JMMF staff member or the Director

As a volunteer, I WILL NOT:
1. Use profanity, humiliate, ridicule or threaten any participant.
2. Use any physical discipline such as striking, spanking, slapping. Restraining a participant for their own safety or the safety of others should be done gently and with same-sex volunteers whenever possible.
3. Engage in wrestling, tickling, or other acts of intimate touching with ANY participant or volunteer.
4. Smoke or use tobacco products in the presence of participants and while on duty for JMMF as a volunteer.
5. Use or be under the influence of alcohol or drugs at any time while volunteering.
6. Meet alone with ANY participant outside of officially sanctioned JMMF events without prior authorization.

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JMMF Reporting and No Retaliation Policy
Updated July 31, 2024

I. Purpose

The purpose of this JMMF Reporting and No Retaliation Policy (“Policy”) is to encourage and enable independent contractors, volunteers, board members, and/or other stakeholders of the Jimmy Miller Memorial Foundation (JMMF) to report any suspected wrongdoing, including but not limited to violations of laws, regulations, policies, ethical standards, and/or any potential improper conduct without fear of retaliation. This policy is particularly important given our work with the vulnerable populations that we work with as their safety and well-being are of utmost priority.
The Jimmy Miller Memorial Foundation (JMMF) supports an “open door” policy and encourages all independent contractors, volunteers, board members, and/or other stakeholders to bring forward any concerns and/or complaints involving any suspected wrongdoing, as defined under this policy, without fear of retaliation.
By fostering a culture of transparency and accountability, we aim to maintain the highest standards of ethical conduct and ensure the safety and well-being of all parties we serve, specifically minors.

II. Scope

This policy applies to all independent contractors, volunteers, board members, and other stakeholders of JMMF.

III. Definitions

Reporting Party: An individual who makes a report in good faith of any suspected wrongdoing, violation of policy, law or regulation or has comments, questions or suggestions for improvement related to a perceived violation of law, policy or regulation.
Wrongdoing: Includes but is not limited to alleged violations of law, regulations, harassment, policies, the Volunteer Code of Conduct (“Code”), unethical conduct, abuse, neglect, or any other actions or conduct that could potentially harm anyone participating in a JMMF session or event,.
Incident: Refers to one or more violations or suspected violations of applicable law, regulations, policies, the Code, unethical conduct, abuse, neglect, harassment, or policies and procedures, or related matters.
Harm: Any act or conduct that can be damaging to one's physical being and mental health, anything considered dangerous or threatening to the safety of/to the recipient or to any of JMMF’s assets.
Retaliation: Any adverse action taken against the individual reporting suspected wrongdoing.

IV. Reporting Procedures

1. Initial Reporting:
○ Reports of suspected or perceived wrongdoing or an Incident should in general be made first to your immediate supervisor. While a verbal communication may initiate the process, please follow up in writing to your immediate supervisor with a cc: to the CEO of JMMF via email at andy@jimmymillerfoundation. If your immediate supervisor is involved in the alleged wrongdoing or Incident, or you are not comfortable discussing the situation with your immediate supervisor, please contact the CEO directly. If the CEO is involved, contact the President of the Board of Directors (currently Jeff Miller) directly at jeffmillernz@gmail.com
○ Reports can be made anonymously to info@jimmymillerfoundation.org, although providing your contact information will assist in facilitating a proper investigation and follow up.
2. Content of Report:
○ The report should include specific details of the violation, including date(s), times, locations, names of persons involved, any witnesses, a description of the alleged wrongdoing or Incident, how the Reporting Party became aware of the suspected wrongdoing or Incident, any actions already taken relating to the wrongdoing or Incident, and any other relevant information, documentation or data that will help in the investigation.
3. Acting In Good Faith:
○ Anyone reporting an alleged or perceived wrongdoing must be acting in good faith, truthful and have reasonable grounds for believing the information disclosed indicates a violation. Any allegations which prove to have been made in bad faith, maliciously and/or knowingly to be false will be viewed as a serious disciplinary offense, and action, including termination and legal measures, against the Reporting Party may be taken.
4. Confidential:
○ All reports of alleged wrongdoing are to be considered strictly confidential in nature and not to be discussed with any parties, whether public or private, outside of those listed above in the reporting process. Any violation of this confidentiality policy may be in violation of the Confidentiality provisions of JMMF’s Independent Contractor Agreement and repercussions may include termination of the Agreement and/or legal action.

V. The Steps of the Investigation

For the purpose of educating all involved parties and allowing the reporter to anticipate the steps involved, the following outlines the immediate steps taken in the investigation of a report.
1. Receipt of Report:
○ Upon receipt of a report, the immediate supervisor or CEO will acknowledge receipt to the reporting party (if the report is not anonymous).
2. Investigation Process:
○ The CEO will conduct a preliminary review of the report to determine the level of investigation required. The CEO will evaluate if other members of JMMF’s Leadership Team need to be notified and/or involved and will seek their input.
○ If a full investigation is warranted, it will be conducted promptly and thoroughly by the CEO and, if necessary, the ad hoc Leadership Team.
○ The CEO and/or Leadership Team, in their discretion, may consult with a third impartial party and or human resources specialist or consulting firm or a legal representative maintaining confidentiality to the greatest extent possible.
○ If an investigation is not needed and the incident can be addressed directly, the CEO and a third party will address the issues with the accused and act on protocols that may include education, meetings, therapy, remediation, suspension or possible termination of the relationship.
○ All parties, including the Reporting Party, must fully cooperate with the investigation in a truthful and expeditious manner.
3. Findings and Actions:
○ The findings of the investigation will be shared with the reporting party and based on the nature of the alleged wrongdoing or Incident, may be shared with the JMMF Board of Directors and other stakeholders at the discretion of the CEO and the Leadership Team.
○ Appropriate corrective actions will be taken based on the findings, which may include disciplinary action, including suspension and potentially termination, and/or legal action, if necessary.

VI. Protection Against Retaliation

1. Prohibition of Retaliation:
○ JMMF strictly forbids and will not tolerate retaliation of any kind. JMMF will not, in relation to the reporting of any Incident under the Policy, permit or tolerate any form of retaliation against a reporting party. Forms of retaliation can include, but are not limited to the following: discharge, demotion, transfer, suspension, threats, intimidation, harassment or any other form of discrimination by any person or group, directly or indirectly, against any Reporting Party, witness or interviewee who, truthfully and in good faith:
■ reports a suspected wrongdoing or Incident in accordance with this Policy while maintaining the confidential provisions of this Policy;
■ lawfully provides information or assistance in an investigation regarding any conduct which the Reporting Party reasonably believes constitutes a violation of applicable laws, the Code or JMMF policies;
■ files, causes to be filed, testifies, participates in or otherwise assists in a proceeding related to a violation of applicable laws, the Code or any other JMMF policies;
■ provides a law enforcement officer with information regarding the commission or possible commission of an offense, unless the individual reporting is one of the violators;
■ or assists in the investigation of the suspected wrongdoing or Incident.

2. Reporting Retaliation:
○ Any individual who believes they have been subjected to retaliation should report it to the CEO, or if the CEO is involved in the alleged wrongdoing or Incident, to the President of the Board of Directors.
○ In accordance with the previous reporting provisions of this Policy, a verbal communication can initiate the investigation process but a written (e-mail is acceptable) report should quickly follow and include details as outlined in Section

IV.2 above

○ Reports of retaliation will be investigated promptly, and corrective action will be taken as necessary.

VII. Non-Immunity

The rights of a Reporting Party for protection against retaliation does not include immunity:

● For any personal wrongdoing or Incident that is alleged and investigated. In other words, just because you may report an alleged violation, that does not protect you from disciplinary action, suspension, termination or legal action if you have violated applicable laws, the terms of JMMF’s Independent Contractor Agreement, the Code, JMMF policies or any liability and release waivers.
● Reporting a potential wrongdoing or Incident does not preclude you from fulfilling your duties and services as outlined in your Independent Contractor Agreement, unless the CEO agrees in writing that the reported wrongdoing or Incident would reasonably prevent you from fulfilling your duties and services.

VIII. Confidentiality

1. Confidential Handling:
○ All reports and investigations will be handled in a confidential manner to the fullest extent possible, consistent with the need to conduct a thorough investigation and take appropriate corrective action.
○ All reports and investigation results will be strictly confidential, protecting the identity and data of all parties involved to the greatest extent possible, and the CEO will determine access to such reports and results of the investigation on a “need to know” basis.
IX. Distribution

1. Policy Distribution:
○ This policy will be posted on JMMF’s website under the Volunteer section and will be attached to JMMF’s volunteer signup form in the online platform and volunteers will need to check a box confirming they have read and understand the policy.
○ The policy will also be emailed to all independent contractors, board members, and other stakeholders.

X. Policy Review

This policy will be reviewed annually by JMMF Leadership and shared with the Board of Directors to ensure its effectiveness and compliance with applicable laws and regulations. Any necessary revisions will be made and communicated to all stakeholders.

XI. Approval

This Policy was approved by the JMMF CEO and Leadership Team on July 31, 2024

XII. Questions/Concerns

Any questions or concerns related to this Policy should be directed to the CEO at andy@jimmymillerfoundation.org

I AGREE:

I have read and I understand the guidelines contained in the Code of Conduct for the Jimmy Miller Memorial Foundation.
I have read and I understand the JMMF Reporting Process and No Retaliation Policy.

I promise to follow the guidelines, process and policies that are clearly set to protect participants and volunteers at all times to the best of my ability and maintain a professional setting for the work of the JMMF. I understand that the failure to abide by these conditions will result in my temporary or permanent removal as a volunteer.

By proceeding, I agree to the Terms of Service and Privacy Policy.