In consideration, among other things, of permission granted by the City of Palo Alto ("City") allowing the undersigned participant ("Participant") and the Participant's minor child/children or wards (the "Minor(s)") to participate in The Great Race for Saving Water and Earth Day Festival at the Palo Alto Baylands and Athletic Center on April 14, 2018 (referred to as the "Race"), I, the Participant, on my own behalf and on behalf of the Minor(s) listed below, hereby agree as follows:
1. Participant does hereby represent that he/she is, in fact, acting in such capacity as a parent or guardian of the Minor(s), and consents to the Minor's participation in the Race.
2. Participant understands that participation in the Race may involve dangerous activities that could cause, without limitation, serious injury, illness, disability, and emotional trauma to Participant or Minor(s). Understanding the nature and purpose of the Race, the Participant acknowledges that Participant's and Minor's participation in the Race is done at the Participant's and Minor's own risk, and expressly assume(s) any risks.
3. The Participant authorizes City, and any other entity or agency participating in the Race, to call for medical care for Participant or Minor(s) or to transport Participant or Minor(s) to a medical facility at Participant’s expense if medical attention is needed. Participant also authorizes any physician or other medical provider or facility to provide emergency medical/surgical care to Participant or Minor(s). Participant acknowledges and agrees that the City is not under any legal obligation to render assistance to Participant or Minor(s).
4. The Participant and Minor(s) will not make any claims or demands, nor take any legal action against City, their respective directors, officers, employees, agents and representatives any other entity or agency participating in the Race), in connection with the Race.
5. The Participant hereby waives, releases, indemnifies and holds harmless City, including the City's officers, employees, agents and representatives and any other entity or agency participating in the Race, from and against all claims, losses, demands, damages, causes of action and liabilities of every kind for injury to or death of any persons or for loss of or damage to any property arising out of or in connection with the Race. This Waiver and Release is binding on Participant's and Minor's successors, heirs, and assigns.
6. Participant agrees that this Waiver and Release supplements and does not exclude or preclude any statutory or other legal protections afforded to the City , their respective directors, officers, employees, agents and representatives (or any other entity or agency participating in the Race) in connection with the Race.
7. Participant hereby grants to the City, and any other entity or agency participating in the Race the absolute and irrevocable right to use, modify, publish, publicly display and copy any photograph(s) in whole or in part that City or its agent takes of Participant or the Minor(s) during the Race with or without name identification for illustration, trade, advertising, marketing and promotion of City, or for any other purpose related to City anywhere in the world and in any medium. Participant hereby waives any right to approve of any use of any resemblance/image of Participant or the Minor(s). Participant hereby releases and discharges City , its successors, assigns and designees (including any agency, client, designer, periodical or other publication) from any and all claims and demands arising out of or in connection with the use of any such photograph(s), including, but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity.
I have read the foregoing Waiver and Release, fully understand its significance, and agree to these terms. I sign this Waiver and Release on my own behalf and on behalf of the Minor(s).