In consideration of being permitted to participate in any Pacific Paddle Games activity (clinic, demo, race, etc.) (the “Event”), the above-named participant (or, if the participant is a minor child, the below-named Parent/Guardian), agrees as follows:
1. Rules. You acknowledge that you have been furnished with a copy of the rules and regulations for the Event and State of California,
Department of Parks and Recreation where the Event is being held, if applicable, are familiar with same, and agree to be governed thereby.
2. Participation. You are not required to participate in the Event. If you elect to participate, your participation shall be subject to the terms of this agreement. If you do not accept the terms of this agreement, you may not participate and you are entitled to a credit of any and all entry fees you have paid in connection with the Event.
3. Waiver and Release. In consideration of being allowed to participate in any way in the Event, whether as a participant or an observer, you
hereby, for yourself, your heirs, successors and assigns (collectively, “Releasors”): (1) agree that prior to participating, and throughout your participation or presence, you will inspect the facilities and equipment to be used, including your own equipment, and if you believe anything is unsafe, you will immediately advise an Event representative, official, or employee of the unsafe condition(s) or equipment and refuse to participate; (2) acknowledge and fully understand that each participant will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from your own action, inaction or negligence, but also from the action, inaction or negligence of others, the rules of play, or the condition of the premises or of any equipment used; (3) acknowledge that there may be other risks not known to the Event sponsors and organizers, Grind Media LLC and it’s Parent Companies, State of California, Department of Parks and Recreation, Salt Life, West Marine, Inc. and its Subsidiary companies, Doheny State Beach Interpretive Association, and the suppliers of the equipment used in the Event (all of the foregoing collectively the “Organizers”), or not reasonably foreseeable at this time; (4) assume all the foregoing risks and accept personal responsibility for all damages in the event of loss, injury, permanent disability or death; (5) release, waive, discharge, covenant not to sue and agree to indemnify, hold harmless and defend the Organizers, their affiliated companies or other affiliated organizations, their respective administrators, directors, agents, officers, coaches, and employees, other participants, sponsoring agencies, sponsors, advertisers, national/ international governing bodies, tournament officials, the owners and lessees of premises used to conduct the Event, State of California, Department of Parks and Recreation, and rescue or medical personnel, (all of the foregoing collectively the “Releasees”) from any and all liability to you, your heirs, successors and assigns for any and all claims, demands, losses or damages including, but not limited to, injury to person, death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise to the fullest extent permitted under applicable law. IN THIS REGARD, YOU (INDIVIDUALLY AND ON BEHALF OF EACH RELEASOR) EXPRESSLY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, IN CONNECTION WITH THE RELEASEES, THE RELEASE, AND THE LOCATION OF THE EVENT, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." THIS RELEASE IS INTENDED TO DISCHARGE EACH RELEASEE, COLLECTIVELY AND INDIVIDUALLY, FROM ANY AND ALL LIABILITY ARISING OUT OF OR CONNECTED IN ANY WAY WITH ANY RELEASOR'S OR RELEASORS' FUNDING, SUPPORT, PARTICIPATION OR INVOLVEMENT IN THE EVENT EVEN IF THAT LIABILITY ARISES OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF ANY RELEASEE, IF AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE, EXCEPT THAT THIS RELEASE SHALL NOT DISCHARGE ANY RELEASED PARTY TO THE EXTENT OF SUCH PARTY’S ACTIONS OR OMISSIONS INVOLVING WILLFUL MISCONDUCT OR GROSS NEGLIGENCE LAW; (6) authorize the Organizers to seek on your behalf all reasonable medical and surgical care that might be necessary if you are unable to authorize such care yourself as a result of injury; and (7) agree that the Organizers have the right to control or prohibit advertising material used, worn, or displayed by you at the site during the Event. You agree that the Organizers reserve the right to disqualify you and to refuse to allow you to compete in the Event for any reason the Organizers deem just and proper, and in such event you will be entitled to the credit of your entry fee and no further compensation or remedy. This waiver and release shall survive any termination of this agreement.
4. Talent and Publicity Release. You hereby grant Grind Media LLC, SUP Magazine, West Marine, Inc. and its subsidiaries, and their respective parents, affiliates, subsidiaries, licensees, successors and assignees (“Owners”) the worldwide , irrevocable right in perpetuity to use your name (or fictional name), image, voice and statements (the “Likeness”) in all forms, media and manners, without any restriction as to changes or alterations (including but not limited to composite or distorted representations or derivative works made in any medium) for advertising, trade, promotion, exhibit, or any other lawful purposes in connection with any recordings of the Event. You hereby waive any right to inspect or approve any and all finished products incorporating your Likeness including written copy that may be created and appear in finished products in connection with the Event and acknowledge that Your are to receive no payment with respect to any matter referred herein. YOU AGREE THAT GRIND MEDIA LLC, WEST MARINE AND/OR THE PHOTOGRAPHER OWN THE COPYRIGHT IN THE PHOTOGRAPHS OR MOTION PICTURES CONTAINING YOUR LIKENESS AND THAT ALL OF THE RIGHTS GRANTED HEREIN ARE FREELY ASSIGNABLE BY SUCH OWNERS. YOU HEREBY WAIVE, RELEASE AND DISCHARGE EACH OF THE RELEASEES FROM ANY CLAIMS YOU MAY HAVE BASED ON ANY USAGE OF YOUR LIKENESS IN CONNECTION WITH THE EVENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR EITHER INVASION OF PRIVACY, DEFAMATION, RIGHT OF PUBLICITY OR LIBEL. YOU AGREE THAT THIS RELEASE SHALL BE INTERPRETED AS BROADLY AS POSSIBLE, EXCEPT THAT THIS RELEASE SHALL NOT DISCHARGE ANY RELEASED PARTY TO THE EXTENT OF SUCH PARTY’S ACTIONS OR OMISSIONS INVOLVING WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
5. Laws; Entire Agreement. This agreement has been executed pursuant to and shall be construed in accordance with the laws of the State of
6. READ BEFORE ASSENT. You acknowledge and represent that you have read this agreement, understand it, and indicate your assent to these terms. By agreeing to these terms, you waive substantial rights, and agree that you have relinquished these rights voluntarily and without inducement, assurance, or any guarantee. You further agree and acknowledge that you intend your assent to be a complete, continuing, irrevocable and unconditional release of all liability to the greatest extent permitted by law. You represent and warrant that you are legally authorized to assent to this agreement and that you are over eighteen (18) years of age.
8. By signing this document you acknowledge unsportsmanlike behavior will not be tolerated by participants, parents, guardians & spectators. Any
such behavior will result in immediate disciplinary action on behalf of .
9. By signing this document you acknowledge SUP Magazine’s no cash refund policy for race registration or memberships (except as otherwise expressly set forth herein).
If the Participant is under 18, Parent/Guardian must read and acknowledge the language on the back of this form. By signing below, Par- ent/Guardian (i) agrees to the above terms and release on behalf of the minor Participant; and (ii) represents and warrants that he or she is legally authorized and competent to agree to this release on behalf of the minor Participant.
NOTICE TO MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM, AND THE REVERSE, COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD EN- GAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASEES (AS DEFINED BELOW) USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE ORGANIZERS HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
THE “RELEASEES” UNDER THIS AGREEMENT ARE THE EVENT SPONSORS, GRIND MEDIA LLC, SUP MAGAZINE, THEIR AFFILIATED CLUBS, COMPANIES, AND ORGANIZATIONS, THEIR RESPECTIVE ADMINISTRATORS, DIRECTORS, AGENTS, OFFICERS, COACHES, AND EMPLOYEES, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, THE NATIONAL/INTERNATIONAL GOVERNING BODIES OF EACH PARTICIPATING DIVISION, THE TOURNAMENT OFFICIALS AND, IF APPLICABLE, STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION THE OWNERS AND LESSEES OF PREMISES USED TO CONDUCT THE EVENT, AND DOHENY STATE BEACH INTERPRETIVE ASSOCIATION.
BY SIGNING BELOW, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING, AND THAT YOUR SIGNATURE ON THE REVERSE IS VOLUNTARY.