waiver of liability, assumption of risk indemnityagreement

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COUNTY OF SANTA BARBARA Ray Aromatorio Deborah Well s Risk Manager Disability Manager Julie ann Roble s Johnn y Hernand ez Senior Risk Analyst Safety Officer RISK MANAGEMENT DIVISION GENERA L SERVICES DEPARTMENT Waiver of Liability , Assumption of Risk & Indemnity Agreement WAIVER: In consideration of being permitted to participate in anywayin Refugio Jr. LifeguardPier Jump hereinafter called (The Activity) , I, for myself , my heirs , personal representative or assigns , do hereby release , waive, discharge , andcovenant notto suethe County of Santa Barbara, its supervisors , directors , officers , employees or agents from liabilityfor any and all claims , including the negligence of the County of SantaBarbara, its supervisors, directors, officers, employees or agents resulting in personal injury , accidents , illnesses , death andproperty loss arising from, but not limited to, my participation in TheActivity . I acknowledge that I am not a County of Santa Barbara employee , agent , andfurther acknowledge , offic ial, officer or representative that I am not entitled to any compensation , benefit or insurance coverage from the County of Santa Barbara , nor will I make such a claim . ASSUMPTION OF RISK: Participation in The Activity carr ies with it certain inherent risks thatcannot be eliminated regardless of thecare taken to avoid injuries. The specific risks vary from oneactivity to another , butthe risks include 1)minor injur ies suchas scratches , bruises , andsprains 2) major injuries such as eye injury or loss of sight , jointor backinjuries , heart attacks , andconcussions 3) catastrophic injuries includ ing paralysis anddeath. I hereby agree to freely andexpressly assumeall riskof danger , injury or death resulting frommyownactionsor the actions of others whileparticipating in The Activity . I understand that I am responsible for anybodily injury that I may suffer andthat any injuries I may sustai n are entirelymy respons ibility. I understand that the County is not responsib le for any damagesor expenses incurred. INDEMNIFICATION I also agreeto indemnify and hold the County of Santa Barbara AND HOLD HARMLESS: harmless from any and all claims , actions , suits , procedures , costs , expenses , damages and liabilities , including attorney 's fees brought as a result of my involvement in TheActivity andto reimburse them for any such expenses incurred . SEVERABILITY: The undersigned furtherexpressly agrees that the foregoing waiverand assumption of risks agreement is intended to be as broad andinclusive as is permitted bythelawof the State of California and thatif any portion thereof is held inval id, it is agreed that the balanceshall , notwithstand ing, continue in full legal forceand effect. ACKNOWLEDGEMENT I have read thiswaiver of liability , assumption OFUNDERSTANDING: of riskandindemnity agreement , fullyunderstand its terms and understand thatI am giving upsubstantial rights , includingmyright to sue. I acknowledge that I am signing the agreement freely andvoluntarily , and intend by my signature to be a complete andunconditional release of all liabil ity to thegreatest extentallowed by law. Name of Vo lunteer (printed) Signature of Vo lunteer Name of Vo lunteer ' s Parent or Signature of Volunteer 's Parent or Legal Guardian (if minor) Lega l Guardian (if min or) 13 0 EIIST V I CTO R!/\ S TRE ET, SU IT E 200 • Si\NTJ\ 13/\ Rll i\RJ\, P I I ONE: 805.88 -1.6860 • f"'IIX: 805.88 -1.686 Date signed Date signed Ci\ LI FO R N I J\ • 9310 1 1

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COUNTY OF SANTA BARBARA

Ray Aromatorio Deborah Wells Risk Manager Disability Manager

Julie ann Roble s Johnn y Hernand ez Senior Risk Analyst Safety Officer RISK MANAGEMENT DIVISION

GENERA L SERVICES DEPARTMENT

Waiver of Liability, Assumption of Risk & IndemnityAgreement

WAIVER:In consideration of being permitted to participate in any way in Refugio Jr. LifeguardPier Jump hereinafter called(The Activity), I, for myself, my heirs, personal representative or assigns, do hereby release, waive, discharge, and covenant not to sue the County of Santa Barbara, its supervisors, directors, officers, employees or agents from liability for any and all claims, includingthe negligence of the County of Santa Barbara, its supervisors, directors, officers, employees or agents resulting in personal injury, accidents, illnesses, death and property loss arising from, but not limited to, my participation in The Activity. I acknowledge that I am not a County of Santa Barbara employee, agent , and further acknowledge , official, officer or representative that I am notentitled to any compensation, benefit or insurance coveragefrom the County of Santa Barbara, nor will I make such a claim.

ASSUMPTIONOF RISK: Participationin The Activity carries with it certain inherent risks that cannot be eliminated regardlessof the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks include 1)minor injuries such as scratches, bruises, and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions 3) catastrophic injuries including paralysis and death. I hereby agree to freely and expressly assumeall risk of danger, injury or death resulting from my own actions or the actions of others while participating in The Activity. I understand that I am responsible for any bodily injury that I may suffer and that any injuries I may sustain are entirely my responsibility. I understand that the County is not responsible for any damagesor expenses incurred.

INDEMNIFICATION I also agree to indemnify and hold the County of Santa Barbara AND HOLD HARMLESS: harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees brought as a result of my involvement in The Activity and to reimburse them for any such expenses incurred.

SEVERABILITY:The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreementis intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

ACKNOWLEDGEMENT I have read this waiver of liability, assumption OF UNDERSTANDING: of risk and indemnity agreement, fully understand its terms and understandthat I am giving up substantial rights, includingmy right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Name of Vo lunteer (printed) Signature of Vo lunteer

Name of Vo lunteer ' s Parent or Signature of Volunteer 's Parent or Legal Guardian (if minor) Lega l Guardian (if min or)

13 0 EIIST V I CTO R!/\ S TRE ET, SU IT E 200 • Si\NTJ\ 13/\ Rll i\RJ\,

P I I ONE: 805.88 -1.6860 • f"'IIX: 805.88 -1.686

Date signed

Date signed

Ci\ LI FO R N I J\ • 9310 1

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