San Francisco Baykeeper's Medical Release, Photo Release, & Liability Waiver
In consideration for being permitted to participate in San Francisco Baykeeper activities, I hereby agree to release, indemnify, and discharge San Francisco Baykeeper, its employees, agents, officers, directors, consultants, subsidiaries, affiliates, assigns, volunteers, participants, and members and all other persons or entities acting in any capacity on its behalf, (collectively “Baykeeper”) on behalf of myself and my children, spouse, parents, heirs, assigns, personal representative and estate as follows:
1. Voluntary: I acknowledge that my participation in the Activity covered by this form is strictly voluntary. I will select the activities in which I will participate. I have consulted a medical professional, if necessary, and will only participate in activities that are within my physical capabilities.
2. Activities and Associated Risks: I acknowledge the risks associated with my participation in these activities include but are not limited to: (a) clean up and/or removal of trash items from potentially slippery shoreline areas or near highways, roads or other areas of high vehicular traffic, (b) cutting vegetation with sharp tools, (c) handling of sharp items, (d) standing or walking near to or on the banks of a body of water that may contain harmful pollutants, bacteria, or parasites, (e) carrying or lifting of potentially heavy items on stairs or uneven ground, (f) paddling or recreating a watercraft on Bay waters, (g) cuts and abrasions, (h) loss of personal property such as watches, jewelry or cell phones, and (i) serious bodily injury including drowning or death. I further understand that entering the water without a watercraft is strictly prohibited unless directly instructed by a staff member of Baykeeper. I further acknowledge that kayaking, paddleboarding, or working near bodies of water is inherently dangerous and that any and all risks associated with such work are voluntarily assumed.
3. Assumption of Risks: I expressly agree and promise to accept and assume all of the risks existing in the activities. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks. Specifically, I acknowledge that (a) the coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization believed to be spread primarily from person-to-person contact and being in close proximity to others; and (b) Baykeeper cannot guarantee that I and/or my child/ward will not become infected with COVID-19 while participating in these activities.
4. Waiver and Release of Liability: I hereby release and forever discharge Baykeeper and the sponsors, organizers and their directors, officers, trustees, employees, representatives, or agents, volunteers, and site property owners (the “Released Parties”) from any and all liability, causes of actions, claims, and/or demands that arise in any way out of my participation in the activities, including claims for negligence or omissions by Baykeeper. I intend the foregoing waiver and release of the Released Parties to be as broad and inclusive as permitted by law.
5. Indemnity: I further agree to indemnify and hold harmless all Released Parties against all actions or claims including costs and reasonable attorneys’ fees arising from any injuries, death, or other damages or losses, resulting from my participation in the activities. I further agree to hold the Released Parties harmless against any and all claims for my own negligence. I also agree and acknowledge that the terms of this agreement will be binding on my estate, heirs, assigns and my administrators, executors, or personal representatives.
6. Medical Treatment: If I am injured during the Activity, the Released Parties assume no responsibility to render medical care. If a Released Party of another volunteer renders medical care, they are not admitting any liability or duty to provide or to continue to provide any such services and that such action is not a waiver by the Released Parties of any rights under this Agreement. I acknowledge that I am financially responsible for costs of transport to a medical facility and medical treatment costs resulting from my injury. If I should become injured while participating in the Program, the undersigned authorizes 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. It is my responsibility to seek appropriate medical care and to notify the Activity organizers. I understand that this waiver will have no bearing on any workers compensation claims that I may make as a result of my participation in this event.
7. Promotion: I understand that I may be photographed during the activity and hereby grant permission for my name, image, likeness, and voice to be used by San Francisco Baykeeper, any of the co-sponsors, and/or other organizer of the activities for any legitimate purpose in any media or promotional materials developed at any time.
8. Severability: I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by California State law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
9. Choice of Law and Venue: In the event that I file a lawsuit against Baykeeper, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in the activities, I may be found by a court of law to have waived my right to maintain a lawsuit against Baykeeper and the Released Parties on the basis of any claim from which I have released, assumed, or waived.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
