JIMMY MILLER MEMORIAL FOUNDATION WAIVER OF LIABILITY / EXPRESS ASSUMPTION OF RISK / PHOTO & VIDEO
RELEASE AGREEMENT
(PLEASE READ CAREFULLY – DO NOT SIGN WITHOUT READING THE DOCUMENT IN ITS ENTIRETY. BY SIGNING YOU GIVE UP IMPORTANT LEGAL RIGHTS)
This is a legal document, and my signature is my acknowledgement that I have read and understand its content. I
fully understand and agree to be bound by the terms of this Agreement.
If the Participant is a minor, by signing below, you hereby acknowledge to be their lawful parent and/or legal guardian, to be of sound body and mind, and that you are qualified to the sign the Agreement on behalf of the Participant, and agree to be equally bound by all terms of this Agreement.
By signing below, I agree as follows:
1. I am participating in the activity or event offered by the Jimmy Miller Memorial Foundation (“JMMF”) and/or in conjunction with other partners of (“Event”) on my own free will and am aware of the inherent risks, hazards and possible danger of participating in the Event, including possible property damage, injury, illness, infection and 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, or 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 (“JMMF”), 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, illness, infection, 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. 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, infection or damage
that may befall me as a participant, including all risks connected therewith, whether foreseen or unforeseen.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my child(ren), my family, friends, co-workers and any others I may come in contact (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 me 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, the California Coastal Commission, the California Department of Parks and Recreation, City of Los Angeles, the 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 any and all 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 JMMF and/or 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.
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.
BY THIS INSTRUMENT I CONFIRM THAT I HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY AND ACKNOWLEDGE THAT IS SHOULD BE BROADLY CONSTRUED IN THE FAVOR OF THE RELEASED PARTIES AND THAT ANY AMBIGUITIES SHALL BE RESOLVED IN THE FAVOR OF THE RELEASED PARTIES. I DO HEREBY EXEMPT AND RELEASE ALL “RELEASED
PARTIES,” AS DEFINED ABOVE, FROM ANY AND ALL CLAIMS, AS WELL AS ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL PROPERTY DAMAGE, INJURY, INJURY, INFECTION, OR DEATH, HOWEVER CAUSED, INCLUDING NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
IF THE PARTICIPANT IS A MINOR, THE UNDERSIGNED HEREBY COVENANTS THAT THEY ARE THE LAWFUL PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT AND THAT HE OR SHE WARRANTS, REPRESENTS AND AGREES THAT HE OR SHE IS EXECUTING THIS AGREEMENT ON BEHALF OF, AS AN AGENT FOR THE MINOR, IS BINDING HIMSELF/HERSELF, THE PARTICIPANT AND ANY OTHER PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT AND ALL OF THEIR HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES, ASSIGNS AND ESTATES TO THE TERMS OF THIS RELEASE.
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.
