I WOULD LIKE TO PARTICIPATE IN ACTIVITIES OF THE SANTA BARBARA NEWCOMERS CLUB (THE “CLUB”). I UNDERSTAND THAT I WILL BE PARTICIPATING IN ACTIVITIES IN DEVELOPED AND UNDEVELOPED AREAS, ON LAND AND ON THE WATER, IN AND SURROUNDING SANTA BARBARA WITH OTHER MEMBERS OF THE CLUB. I ALSO UNDERSTAND THAT THE CLUB AND ITS COMMITTEES ( “COMMITTEES”) SELECT LOCATIONS AND DESTINATIONS BASED ON GENERAL INFORMATION AVAILABLE TO THE GENERAL PUBLIC AND THAT NEITHER THE COMMITTEES NOR THE OFFICERS OF THE CLUB VISIT THE LOCATIONS OR SITES TO DETERMINE THEIR SUITABILITY FOR ME OR ANY OTHER PARTICIPANT. I AM AWARE THAT RISKS OF PARTICIPATING IN THESE ACTIVITIES INCLUDE THE RISK OF PHYSICAL INJURY AND OR DEATH CAUSED BY, BUT NOT LIMITED TO, TERRAIN, TEMPERATURE, WEATHER, EQUIPMENT, VEHICULAR TRAFFIC, OVER-EXERTION, MY OWN PHYSICAL CONDITION, AND ACTIONS OF OTHER PEOPLE INCLUDING, BUT NOT LIMITED TO OTHER PARTICIPANTS, MEMBERS OF THE COMMITTEE, OFFICERS OF THE CLUB AND VOLUNTEERS.
I CERTIFY THAT I AM IN GOOD HEALTH, PHYSICALLY FIT, AND CAPABLE OF EXTENDED PHYSICAL ACTIVITY IN THE OUT-OF-DOORS, AND HAVE NOT BEEN ADVISED OTHERWISE BY A QUALIFIED MEDICAL PERSON. I ACKNOWLEDGE THAT THE CLUB MAY, AND SHALL, RELY ON THIS CERTIFICATION BY ME OF MY PHYSICAL CONDITION.
I ACKNOWLEDGE THAT THIS ACCIDENT WAIVER AND RELEASE OF LIABILITY WHEN EXECUTED BY ME WILL BE USED BY THE CLUB, THE COMMITTEE, EVENT SPONSORS AND ORGANIZERS FOR ANY AND ALL SANTA BARBARA NEWCOMERS CLUB ACTIVITIES IN WHICH I PARTICIPATE AND FURTHER ACKNOWLEDGE THAT IT WILL GOVERN MY ACTIONS AND RESPONSIBILITIES AT ANY AND ALL SUCH CLUB ACTIVITIES. THIS WAIVER AND RELEASE SHALL REMAIN IN FULL FORCE AND EFFECT UNLESS TERMINATED IN WRITING BY A DULY AUTHORIZED OFFICER OF THE CLUB.
IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN CLUB ACTIVITIES, I HEREBY TAKE THIS ACTION FOR MYSELF AND MY EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, HEIRS, NEXT OF KIN, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “SUCCESSORS”) AS FOLLOWS:
(A) I WAIVE, RELEASE AND DISCHARGE THE SANTA BARBARA NEWCOMERS CLUB, ITS OFFICERS, DIRECTORS, MEMBERS, AND AGENTS FROM ANY AND ALL LIABILITY FOR MY DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT OR ACTS OR OMISSIONS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, WHICH MAY HEREAFTER OCCUR TO ME; (B) I DO, AND AGREE TO, INDEMNIFY AND HOLD HARMLESS THE AFORESAID ENTITIES AND INDIVIDUALS FOR MYSELF AND MY SUCCESSORS; AND (C) I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS AND PROMISE TO INDEMNIFY AND NOT TO SUE THE RELEASEES, SPONSORS, AND ORGANIZERS FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS ARISING FROM THE RELEASEE’S OWN NEGLIGENCE, WHICH I HAVE OR WHICH MAY HEREAFTER ACCRUE TO ME AND FROM ANY AND ALL DAMAGES WHICH MAY BE SUSTAINED BY ME DIRECTLY OR INDIRECTLY IN CONNECTION WITH, OR ARISING OUT OF MY PARTICIPATION IN OR ASSOCIATION WITH CLUB ACTIVITIES, INCLUDING WITHOUT LIMITATION TRAVEL TO OR RETURN FROM CLUB EVENTS.
THIS ACCIDENT WAIVER AND RELEASE OF LIABILITY SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
I HEREBY CONSENT TO RECEIVE MEDICAL TREATMENT, WHICH MAY BE DEEMED ADVISABLE IN THE EVENT OF INJURY, ACCIDENT AND OR ILLNESS DURING CLUB ACTIVITIES. I HEREBY CERTIFY THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND THAT I HAVE READ THIS DOCUMENT AND THAT I FULLY UNDERSTAND ITS CONTENT.
AUDIO/PHOTO/VIDEO MEDIA RELEASE
I GRANT PERMISSION TO THE SANTA BARBARA NEWCOMERS CLUB, ITS OFFICERS, DIRECTORS, MEMBERS AND AGENTS TO USE PHOTOGRAPHS AND/OR VIDEO AND AUDIO TAKEN OF ME. THESE IMAGES MAY BE USED IN EDUCATIONAL AND MARKETING MATERIALS SUCH AS SOCIAL MEDIA, RECRUITING COLLATERAL AND BOTH PRINTED AND ONLINE NEWSLETTERS. FURTHERMORE, I AUTHORIZE THE USE OF MY IMAGE, LIKENESS, AND VOICE FOR ALL PROGRAM PROMOTION, MATERIALS, AND ANY OTHER PURPOSES IN CONNECTION WITH THE PROGRAM DEEMED APPROPRIATE AND NECESSARY BY THE SANTA BARBARA NEWCOMERS CLUB.
I HEREBY AGREE TO RELEASE, DEFEND, AND HOLD HARMLESS THE SANTA BARBARA NEWCOMERS CLUB, ITS OFFICERS, DIRECTORS, MEMBERS AND AGENTS, INCLUDING ANY FIRM PUBLISHING AND/OR DISTRIBUTING THE FINISHED PRODUCT IN WHOLE OR IN PART, WHETHER ON PAPER, VIA ELECTRONIC MEDIA, OR ON WEB SITES, FROM ANY CLAIM, DAMAGES, OR LIABILITY ARISING FROM OR RELATED TO THE USE OF THE PHOTOGRAPHS/VIDEO, INCLUDING BUT NOT LIMITED TO ANY MISUSE, DISTORTION, BLURRING, ALTERATION, OPTICAL ILLUSION, OR USE IN COMPOSITE FORM, EITHER INTENTIONALLY OR OTHERWISE, THAT MAY OCCUR OR BE PRODUCED IN TAKING, PROCESSING, REDUCTION, OR PRODUCTION OF THE FINISHED PRODUCT, ITS PUBLICATION, OR DISTRIBUTION.
REV 1/14/19 KR