Express Assumption of Risk and Indemnity, Waiver of Liability and Release, Authorization to Repost and Use Images Submitted to the Parks for Life Challenge Game (collectively referred to herein as the “Release”)

YOUR ASSUMPTION OF RISK; RELEASE AND WAIVER OF ALL CLAIMS:

By checking the “Agreement Box” on the Parks for Life Challenge Game website’s Sign Up page or by your joining one of the teams participating in a Parks for Life Challenge Game (whichever occurs sooner), you hereby represent, warrant, agree and acknowledge that: you (or on behalf of a minor or minors to whom you are a legal guardian or parent) are a participant in the Parks for Life Challenge Game (“Game”); you have read, understand and are bound by all of the terms and conditions contained herein and for participating in the Game; you are 18 years of age or older on the day you checked the “Agreement Box” or joined a team; and, if you are the parent or legal guardian of a minor or minors participating in the Game, you hereby consent to participation of the minor or minors in the Game and agree to be bound by all of the terms and conditions contained herein and posted elsewhere on the Game website.  Reference to “you”, “your” or “yourself” is also reference to, includes and binds all of your minor or minors, and your successors, executors, trustees, devisees, estate, administrators, assigns, issues, parents, guardians and heirs.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR READING AND UNDERSTANDING ALL OF THE TERMS, CONDITIONS, RULES AND REGULATIONS OF THE GAME, INCLUDING THOSE FOUND IN THIS RELEASE, BEFORE YOU PARTICIPATE IN THE GAME.

RISKS:

You recognize, acknowledge and agree that certain basic and in some instances intermediate or advanced skills, capabilities, agility, physical and mental health and fitness conditions may be or are required of you in order to participate in the Game and that you represent and warrant that you have these requisite skills.  You represent, warrant, acknowledge and agree that there are multiple risks inherent in participating in the Game and in the "recreational adventure activities" suggested within the Parks for Life Challenge Game, including risks associated with, but not limited to: rough terrain, snow, ice, rain, heat, cold, lack of water or food, extreme or varying weather conditions, bad or rough road or trail conditions, sleet, fire, uneven terrain, hiking, walking, running, riding a bike, climbing, fishing, exploring, boating, camping, kayaking and riding an off road motorcycle or motor vehicle, falling objects, natural disasters and other dangers. You acknowledge that participating in the Game, including any use or operation of any equipment, vehicles or vessels of any kind in the Game (e.g., a bicycle, boat, kayak, or other recreational device) includes inherent risks of injury, illness, property damage and death including but not limited to: drowning, slipping, falling, tripping, serious or other injury, death, illness, and loss of control and/or collisions while operating equipment, vehicles or vessels.  

You acknowledge and agree that some of the recreational activities require the use of safety equipment, such as gloves, helmets, PFDs, proper footwear and clothing, etc. You understand that recreational devices, such as bicycles, are often designed to be used by only one rider at a time and that a helmet should be worn at all times and is required by law for all riders under 18 years of age. You acknowledge and agree that a personal floatation device (“PFD” or “life jacket”) should be worn at all times while engaging in water-related activities.
You agree and acknowledge that you will not participate in the Game if you have or have reason to believe that you have a physical, mental, health or medical condition(s) that could be negatively impacted by your participation in any of the activities of the Game or that you foresee could be impacted by your participation, or where you have been advised by a medical practitioner or physician that participating in such activities would have the potential to impact your medical, physical or mental condition.  You agree and acknowledge that if you know, believe or have reason to believe that such a physical, mental, health or medical condition exists or could be impacted, then you will first seek the advice or consultation of your own physician or doctor before participating in the Game.

Regardless of physical, medical, mental or health condition, you acknowledge and agree to assume all risk of loss and personal injury, illness, death and property damage, except where such injury, illness, property damage or death is directly caused by the gross negligence or willful misconduct of the County of Santa Clara (“County”) or any of its employees, agents, officers, directors; the members of the Board of Supervisors of the County of Santa Clara; or any of the County’s affiliated partners, contractors (e.g., Urban Parks Concessionaires, Inc., dba California Parks Company, and its employees, agents and officers) or subcontractors (collectively and each individually, including the County, these are the “County Parties”).
You acknowledge and agree that your participation in the Game, including any and all of the contemplated activities, is voluntary and based on your own independent assessment of the risks, without reliance on any representations or advice by, through or from any of the County Parties.
You voluntarily and forever release, discharge, waive and relinquish any and all actions, claims, allegations and causes of action that you may have against any and all of the County Parties for any and all injury, illness, property damage and/or death occurring to you or arising out, resulting from or relating to the Game, your participation in the Game or any of the activities contemplated by participating in the Game except where such claims, actions, allegations or caused of actions are directly caused by the gross negligence or willful misconduct of the County Parties.

You acknowledge and agree that should an emergency, rescue or evacuation become necessary at any time leading up to, during or after the Game that you will be solely responsible for all related or associated costs, expenses and liabilities, excluding such costs, expenses and liabilities directly caused by the gross negligence or willful misconduct of the County Parties.  You forever release, discharge, and absolve the County Parties for any and all action, cause of action, claim or allegation resulting from, relating to or caused by the rendering of or the attempt to render aid or rescue to you.

COUNTY OWNERSHIP AND RIGHT TO USE YOUR DOCUMENTS, IMAGES, LIKENESS AND PHOTOS:

You acknowledge, represent, warrant and agree that you own and hold the full right to any image, photograph, depiction, video and any other digital representation (the “Images”) that you produce or provide (“Submit”, “Submission” or “Submitting”) to the County or the County Parties as a result of your participation in the Game, and that by your Submission, you are automatically assigning and transferring to the County of Santa Clara the perpetual, worldwide, fully-assignable and transferrable right, title and interest in and to all of the Images for any lawful purpose, including but not limited to copyright, trademark and other intellectual property rights associated in any way with such Images, and the right to repost, reproduce, market, use in any form and in social media or the internet, use in any marketing or advertising, display, publicly perform, publish, broadcast, distribute, modify, combine, assign, distribute and/or sell or license the Images or any of the intellectual property rights.  You further waive any right you may have to inspect, view or approve any of the uses made of such Images.  You hereby forever release, discharge and agree to save and hold harmless the County Parties from, for and against any and all liabilities, claims, causes of action, allegations and lawsuits that are made or threatened to be made in relation to any use made of any of the Images, including but not limited to any blurring, distortion, alteration, optical illusion or use in composite or edited form, whether intentional or otherwise, that may occur or be produced in the use of any of the Images  or the processing of the Images.  You also agree and acknowledge that if you or your team is a winner of any of the Games, then the County of Santa Clara has a right, but not the obligation, to use any of the Images or your name, likeness or personal information to promote the Game, future Games, or to promote the Parks and Recreation Department. 

You also acknowledge, agree and understand that any material submitted and/or entered into the Game is the sole and exclusive property of the County and may be used by the County for any lawful purpose. 

WINNER’S AFFIDAVIT AND RELEASE:

You also understand, acknowledge and agree that if you or your team is a winning team in the Game, then you and/or your team will be required (at County’s sole option) to sign a Winner’s Affidavit and Release before award and your receipt of any of the prizes and you hereby agree to sign such Winner’s Affidavit and Release. 

YOUR CONDUCT:

In addition, you also represent, warrant and agree to do and comply with all of the following:
a) You will do nothing to, or could be construed to, render, any of the County Parties and you as joint venturers, representatives of each other, partners, agents, a joint enterprise, employer-employee.   You will not under any circumstance represent or hold yourself out as an employee, agent or representative of any of the County Parties;
b) You will conduct yourself so as to avoid and prevent waste, nuisance or unreasonable annoyance (including, without limitation, emission of objectionable odors, noise or lights) to the County, to County property, to the owners or occupants of adjacent properties;
c) You will become familiar with, obey and comply with all County rules and requirements, regardless of whether or not they are physically posted;
d) You will comply at all times with all applicable federal, state, and local laws and regulations including Santa Clara County’s policies;
e) You will not discriminate against anyone based on age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status while participating in the Game; and,
f) You will comply at all times with the County’s No-Smoking Policy and will not smoke on County property at any time.

YOU ARE NOT AN EMPLOYEE OF ANY OF THE COUNTY PARTIES:

You fully understand, accept and acknowledge that you are not and you will not be considered an employee of any of the County Parties.  You also understand, accept and acknowledge that because you are participating in a Game that will be on the property of another that you will and must, in case of an accident, loss, injury or illness to you or to others or destruction or damage to property (regardless of fault), immediately notify the Game Coordinator.

You fully understand, accept and acknowledge that you will not be eligible for and will not claim Workers’ Compensation benefits from any of the County Parties in the event of injury, illness or death, and you will not under any circumstances receive any other type of compensation from any of the County Parties. 

YOUR RELEASE OF RIGHTS UNDER CIVIL CODE 1542:

You fully understand, accept and acknowledge that you may have rights under California Civil Code § 1542 which reads as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

You certify, declare, represent and acknowledge that you expressly waive any rights conferred under Civil Code section 1542, as well as any similar law of any local, state or territory of the United States.

YOUR OTHER WARRANTIES:

You warrant, represent and agree that you have entered into this and agree to be bound by this Release of your own free will and without any coercion, with full understanding and knowledge of what it is you have agreed to and will undertake as a result of this Release and in participating in the Game.   You acknowledge and agree that the terms and conditions contained herein are binding on you and WILL SURVIVE TERMINATION, CANCELLATION AND EXPIRATION OF THE GAME AND YOUR WITHDRAWAL FROM OR DISCONTINUED PARTICIPATION IN THE GAME, REGARDLESS OF THE CAUSE OR REASON.

YOU WARRANT, REPRESENT, AGREE AND ACKNOWLEDGE THAT ANY ACCEPTANCE, PARTICIPATION IN AND/OR USE OF ANY PRIZE OR YOUR PARTICIPATION IN ANY ASPECT OR PART OF THE GAME IS SOLELY AT YOUR OWN RISK; THEREFORE, YOU, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS, EXECUTORS, TRUSTEES, DEVISEES, ESTATE, ADMINISTRATORS, ASSIGNS, ISSUES, PARENTS, GUARDIANS AND HEIRS (COLLECTIVELY, “SUCCESSORS”), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE AND AGREE TO HOLD HARMLESS EACH AND ALL OF THE COUNTY PARTIES FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, REASONABLE ATTORNEYS’ FEES, DAMAGES, LOSSES, EXPENSES AND LIABILITIES (WHETHER ARISING UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE–WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY) RELATING TO ANY CLAIM YOU MAY NOW OR HEREAFTER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY LOSS OR OTHER LOSS, DAMAGE, COST, EXPENSE OR ATTORNEYS’ FEES (COLLECTIVELY, “HARM”) THAT MAY BE OR IS SUFFERED BY YOU, YOUR SUCCESSORS OR ANY THIRD PARTY AS A RESULT OF OR RELATING TO THE GAME, ANY USE OF ANY OF THE IMAGES, ANY USE OF YOUR LIKENESS OR BIOGRAPHICAL DATA, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE GAME, OR YOUR ACCEPTANCE, PARTICIPATION IN, USE OF AND/OR INABILITY TO USE ANY PRIZE AWARDED TO YOU, EXCEPT WHERE SUCH HARM IS DIRECTLY CAUSED BY THE SOLE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COUNTY PARTIES (THE “RELEASED CLAIMS”). 
IF YOU ARE A MINOR, THEN YOUR PARENT OR LEGAL GUARDIAN, BY THE CHECKING OF THE “AGREEMENT BOX” ON THE PARKS FOR LIFE CHALLENGE GAME WEBSITE’S SIGN UP PAGE, HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS EACH OF THE COUNTY PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY ANY OF THE COUNTY PARTIES ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL OF THE RELEASED CLAIMS. 

GENERAL TERMS:

If any provision of this Release is found to be unenforceable in any respect, you intend and understand that this Release shall nonetheless be enforced to the maximum extent to which it is legally enforceable as determined by a court of law or as otherwise allowed by applicable law.  To the extent permitted by applicable law, you waive the benefit of any provisions of any statute or other law that may adversely affect the rights of any of the County Parties under this Release.
You further acknowledge and agree that this Release has been entered into and delivered in the State of California, and shall be construed and enforced in accordance with the laws of the State of California.   You irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Santa Clara County, California, with respect to any claim or suit arising out of or in connection with this Release, the Game or any prize awarded or accepted by you or the your failure to receive a prize, and you agree not to commence or prosecute any such claim or suit other than in the state or federal courts located in Santa Clara County, California.  Proper venue for legal action regarding this Release and the Game shall be in the County of Santa Clara, California only.

This Release is a material inducement for County to allow you to participate in the Game and this Release, along with the Parks for Life Challenge Game Agreement, constitutes the entire agreement between yourself and the County with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between you and the County or any other County Parties with respect to such matters.  This Release may not be amended or supplemented except by the County of Santa Clara Parks and Recreation Department. 

This Release is effective (“Effective Date”) upon your checking the “Agreement Box” on the Parks for Life Challenge Game website’s Sign Up page or, alternatively, upon your becoming a member of one of the teams participating in the Game (whichever occurs sooner).  As of the Effective Date of this Release, you hereby warrant, represent, acknowledge and agree that you have read, fully understand and agree to be bound by all of the terms and conditions of the Parks for Life Challenge Game Agreement and Rules located HERE, all of the terms and conditions of this Release and you will comply with all such terms, conditions, rules and requirements at all times.  This Release is incorporated into and made a part of the Parks for Life Challenge Game Agreement.