Keep It Wild – LCF Native Plant Nursery

BY CHECKING THE BOX ON THE LCF WEBSITE EVENT FORM, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ, FULLY UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING MY ASSUMPTION OF RISK AND GIVING UP CERTAIN LEGAL RIGHTS, AND CERTIFY THAT I DO SO FOR MYSELF AND ANY DEPENDENT CHILDREN OF MY OWN FREE WILL.

In consideration of my participation in the Activity hosted by Laguna Canyon Foundation (“LCF”), and intending to be legally bound, I, (“Participant”) acknowledge, understand and agree that:

Acknowledgment of Risk
There are risks, inherent or otherwise, in attending or participating in the Activity and being present at or using any associated facilities or sites (“Risks”). I have full knowledge and understanding of the Risks associated with the Activity, which may include, but are in no way limited to: personal injuries, illness (including exposure to and infection with viruses such as COVID-19 or bacteria), or possibly death or other serious harm to me or others.

I have full knowledge of the nature and extent of the Risks in connection with attending or participating in the Activity and being present at or using any of the associated facilities or sites, and knowingly and voluntarily assume those Risks. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, illness, death or other harm, sustained in connection with or in any way related to my or any dependent children’s attendance at or participation in the Activity. While these terms and conditions are intended to protect my health and safety, I understand there are risks, and I am not depending on any assurances from LCF regarding those risks or the safety of the activity.

Representations and Acknowledgments
During the Activity, I willingly agree to abide by all of LCF’s rules, policies, instructions, terms and conditions for participation, and any legal requirements and guidelines. I further certify that I am in good health and have no conditions or impairments which would preclude my or others’ safe participation in the Activity.

Release, Indemnification & Covenant Not to Sue
In consideration of my or any dependent children’s attendance at or participation in the Activity, I voluntarily agree and, on behalf of myself and my family members, my heirs, next of kin, representatives, executors, administrators, and assigns (collectively, the “Releasing Parties”), HEREBY DO RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE, LCF, its officers, directors, employees, volunteers, agents, representatives, insurers and affiliates (collectively, “Released Parties”) from any causes of action, claims, or demands, damages, losses, or liabilities (including, without limitation, any costs and attorneys’ fees) of any nature whatsoever including claims of ordinary negligence, (“Claims”), which the Releasing Parties may have now or in the future against Released Parties on account of personal injury (including illness from communicable diseases such as COVID-19), property damage, death or accidents of any kind, arising out of or in any way related to my or any dependent children’s attendance at or participation in the Activity. I acknowledge and agree that this agreement is intended to be a general release of and bar to all Claims arising out of or attributable to the Activity, including those unknown to me, or which I do not suspect to exist at this time. Releasing Parties have been made aware of, and understand, the provisions of California Civil Code Section 1542, which provides:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Releasing Parties hereby expressly, knowingly and intentionally waive, on behalf or myself and/or any dependent children, any and all rights, benefits, and protections of California Civil Code Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.

In consideration of my or any dependent children’s attendance at or participation in the Activity, I agree, on behalf of myself and the Releasing Parties, to INDEMNIFY AND HOLD HARMLESS the Released Parties from any and all Claims, to the fullest extent of the law, arising out of or in any way related to my or any dependent children’s presence at or participation in the Activity.

Photo Release/Media Permission: Additionally, by participating in this Activity and signing this waiver I consent to LCF’s creation and use of my image, likeness, voice, and the like, in any and all media, currently in existence or hereafter created, including but not limited to print, radio, video, broadcast, internet, and collateral materials, such as in-house and trade publications, magazines, and news releases, for any and all uses, including but not limited to advertising, publicity, and promotional purposes, worldwide in perpetuity, without further payment or consideration, and agree to release and hold harmless LCF in connection with said creation and use. If signing as a parent or guardian of a participant under the age of 18, by signing this waiver, I hereby consent to LCF’s creation and use of any dependent minor child(ren)’s, for which I am the parent, legal guardian, or otherwise responsible for, image, likeness, voice, and the like, in any and all media, currently in existence or hereafter created, including but not limited to print, radio, video, broadcast, internet, and collateral materials, such as in-house and trade publications, magazines and news releases, for any all uses, including but not limited to advertising, publicity, and promotional purposes, worldwide in perpetuity, without further payment or consideration, and agree to release and hold harmless LCF in connection with said creation and use.

Enforceability
The law of the State of California governs the terms and enforceability of this agreement. If any term or provision in this agreement is held invalid, illegal or unenforceable, in whole or in part, such term or provision shall be excluded from the agreement, and the remainder of the agreement shall remain in full force and effect.