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ACKNOWLEDGMENT, ASSUMPTION OF RISKS, RELEASE & INDEMNITY, AND BINDING ARBITRATION AGREEMENT
THIS FORM IS FOR USE WITH ACTIVITIES THAT ARE NOT RUN BY SIERRA CLUB. Individuals or entities other than Sierra Club (“Organizer(s)”) sometimes organize or encourage participation in activities that are intended to benefit Sierra Club and/or advance its mission, but that are not official Sierra Club activities, or under Sierra Club’s control. Sierra Club requests that the Organizers require participants (and, for participants under 18, a parent or legal guardian) to accept this agreement as a condition of participation.
Non-Sierra Club Activities Waiver Form_Last updated 2017-02-22
Non-Sierra Club Activities Waiver Form_Last updated 2017-02-22
PLEASE READ THE ENTIRE DOCUMENT CAREFULLY BEFORE ACCEPTING. IT AFFECTS YOUR LEGAL RIGHTS AND RESPONSIBILITIES.
You are being required to accept this agreement so you (or your child) can participate in activities intended to benefit Sierra Club and/or advance its mission, but that may not be official Sierra Club activities or under Sierra Club’s control (referred to as “programs” or “activities”). Individuals or entities organizing such programs or activities may be referred to as the “Organizer(s).” Participants under 18 are sometimes referred to as “minor” or “child,” and the child’s legally-authorized parent or guardian is referred to as the “parent.” “Sierra Club” means Sierra Club (a California non-profit corporation headquartered in Alameda County, California), its chapters, affiliates, officers, directors, employees, volunteers, leaders, and advisors.
In consideration of the participant being allowed to engage in the activities, I acknowledge and agree as follows. If I am the parent of a participating child, I am making this agreement for myself and on behalf of my child.
ACKNOWLEDGEMENTS AND ASSUMPTION OF INHERENT AND OTHER RISKS
By accepting this waiver, I (participant, or parent for myself and on behalf of my participating child) acknowledge and agree that:
- Sierra Club is not responsible for the Organizers, programs, or activities.
- Sierra Club is not providing you or the Organizers with insurance or legal or other advice.
- The activities carry inherent and other risks, and can cause participant or others harm.
- I have had the opportunity to obtain information about the activities, and the inherent and other risks they may carry.
- I understand that the information about the activities may be inaccurate or incomplete, and may reflect incorrect risk assessments or judgments. Unplanned activities may arise in the course of a program, and unknown or unanticipated risks and harms may exist.
- If I am accepting as the parent of a minor participant, I give permission for my child to participate in all activities, and will discuss the activities and risks with my child.
- PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE RISKS. PARTICIPANT (AND PARENT OF A MINOR) FULLY ASSUMES AND ACCEPTS THE INHERENT RISKS, AND OTHER RISKS, (KNOWN OR UNKNOWN, IDENTIFIED OR NOT) OF THE ACTIVITIES AND THE POSSIBILITY THAT THE PARTICIPANT (AND PARENT OF A MINOR) OR OTHERS MAY SUFFER INJURY, DAMAGE, DEATH, OR OTHER LOSS AS A RESULT. THIS INCLUDES (BUT IS NOT LIMITED TO) LOSS RESULTING FROM THE NEGLIGENCE OR MISCONDUCT OF THIRD PARTIES; LOSS RESULTING FROM ORGANIZER(S)’ OR SIERRA CLUB’S NEGLIGENCE; OR LOSS RESULTING FROM THE PARTICIPANT’S OWN NEGLIGENCE OR MISCONDUCT.
RELEASE & INDEMNITY:
PLEASE READ THIS SECTION CAREFULLY, BECAUSE IT CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS, AND THE ACCEPTANCE OF CERTAIN LEGAL OBLIGATIONS.
(A) I (participant, or parent for myself and on behalf of my participating child) agree to release, and not to sue, the Organizer(s) or Sierra Club with respect to any and all claims for any injury, damage, death, or other loss in any way connected with my (or my child’s) enrollment or participation in the activities. I understand that I am agreeing to waive all claims I (or my child) may have against the Organizer(s) or Sierra Club (including negligence), and agree that neither I (nor my child, nor anyone purporting to act on behalf of me or my child) may make any claims against the Organizer(s) or Sierra Club as a result of any injury, damage, death or other loss suffered by me (or my child); and
(B) I (participant, or parent for myself and on behalf of my participating child) agree to defend and indemnify (“indemnify” meaning protect and compensate) the Organizer(s) and Sierra Club with respect to any and all claims (including claims of Organizer(s)’ or Sierra Club’s negligence):
1) brought by or on behalf of me (or my child), or by or on behalf of any other person (including family members) for any injury, damage, death, or other loss suffered by me (or my child) in connection with my (or my child’s) enrollment or participation in the activities; or
2) brought by any person for any injury, damage, death, or other loss to the extent caused by me (or my child).
IMAGE/STATEMENT AUTHORIZATION: I grant the Organizer(s), and Sierra Club or its designees, the irrevocable right and permission to photograph, film, record, and otherwise capture my or my participating child’s name, image, voice, statement, photograph, or likeness (collectively “recordings”) and use or sublicense them in any media throughout the world, in perpetuity, including for reproduction, display, or otherwise (e.g., on websites; on social media; in publications, DVDs, or motion pictures; for informational, educational, promotional, or other purposes), without compensation to me or my child. I agree that the Organizer(s) and Sierra Club own their respective recordings and all copyrights in them. I waive any inspection or approval rights.
OTHER PROVISIONS: I (participant, or parent for myself and on behalf of my participating child) agree:
- Participant can and will participate without harming him/herself or others.
- I authorize Sierra Club, the Organizer(s), medical personnel, or others to obtain or provide medical care for me/my child, to transport me/my child to a medical facility, and to provide treatment they consider advisable for my/my child’s health. I agree to pay all associated costs. I authorize the release of my (and my child’s) medical records and personal information by or to the Organizer(s) and Sierra Club, if necessary or useful for treatment, referral, billing, or insurance purposes.
- If I accept this agreement as a parent or guardian, and my parental status or authorization to accept on my child’s behalf is challenged or found invalid, I will not sue, and will indemnify and defend, Sierra Club and the Organizer(s) to the fullest extent allowed by law and this agreement, just as if I were the participant’s parent or guardian. I will also indemnify and defend Sierra Club and the Organizer(s) against any claims, by any person or agency, that take the position that my agreement was not effective.
- This document is intended to be interpreted and enforced to the greatest extent allowed by law. If any portion of this document is deemed unlawful or unenforceable, it shall not affect the enforceability of the remaining provisions, which shall continue in full force and effect.
BINDING ARBITRATION: I agree that any dispute concerning, relating to, or referring to this agreement; to any literature or other material concerning a program or activity in which the Sierra Club is involved; or to such a program or activity itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) California law and will take place in Oakland, CA. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. By agreeing to these terms and conditions, you (and Sierra Club) are waiving our right to a trial by jury.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY ACCEPT THIS DOCUMENT AND ACKNOWLEDGE THAT IT SHALL BE EFFECTIVE AND LEGALLY BINDING ON ME, MY PARTICIPATING CHILD, AND MY/MY CHILD’S FAMILY MEMBERS, HEIRS, EXECUTORS, REPRESENTATIVES, INSURERS, ASSIGNS, AND ESTATE. For minors, the parent/guardian enters the child’s name and birthdate, and completes and accepts the waiver.