BRICK’S OJAI GETAWAY:
EVENT PARTICIPANT WAIVER, RELEASE, INDEMNITY, ACKNOWLEDGMENT OF RISK, AND PHOTO/VIDEO RELEASE
This Waiver, Release, Indemnity, And Acknowledgment of Risk (“Agreement”) is in consideration for the services of Brick, LLC, a Delaware limited liability company doing business in California as “Go Brick Now, LLC” (hereinafter referred to as “Brick”) and its owners, officers, employees, and agents (together, the “Brick Parties”), with respect to its events held at various locations on various dates (the “Event”).
I acknowledge that participating in the Event entails risks which could result in physical or emotional injury, or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include among other things: risk of food-borne illness from the food eaten at the event whether or not they were provided by the event, injury or death from slips, falls, or other interactions with the environment at the Event, physical or emotional trauma, insect bites and stings, food poisoning, burns, fire damage, car accidents, cuts, scrapes, broken bones, sunburns, poison oak, allergies, drowning, choking and dehydration, risks associated with being in nature, and any other bodily harm.
Persons employed by or otherwise providing services on behalf of Brick seek to provide a safe and comfortable Event, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
For these reasons I agree to the following:
1. I expressly agree and promise to accept and assume all of the risks inherent in participation in the Event. My participation in the Event is purely voluntary, and I elect to participate in spite of the risks.
2. I hereby voluntary release, forever discharge, and agree to indemnify and hold harmless the Brick Parties from any and all claims; demands, or causes of action, which are in any way connected with my participation in the Event, including any such Claims which allege ordinary negligence of or by Brick Parties.
3. Should the Brick Parties, or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold the Brick Parties harmless for all fees and costs.
4. I certify that I have adequate insurance to cover any injury or damage I may suffer while participating, or else agree to bear the costs of such injury or damage myself. I further certify that I have no medicinal or physical conditions which could interfere with my safety in the Event, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
In the event that I file a lawsuit against one or more Brick Parties with respect to the Event, 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 action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in the Event, I may be found by a court of law to have waived my right to maintain a lawsuit against the Brick Parties on the basis of any claim from which I have released them herein.
Photo and Video Release. I grant permission to Brick and its agents and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release Brick and its legal representatives for all claims and liability relating to said images. Furthermore, I grant permission to use my statements that were given in a video or audio recording with or without my name, for the purpose of advertising and publicity without restriction. I waive my right to any compensation.
I have had sufficient opportunity to read this entire document. I have read it, and I agree to be bound to its terms.
Document as of 2.1.19