In consideration for allowing Minor to participate in the Event to be staged by Aviators Ultimate, LLC dba Los Angeles Aviators (the “Aviators”), I, as the parent and/or legal guardian of Minor, for myself and on behalf of Minor and his/her parents, heirs, executors, administrators, next of kin, successors, and assigns, all of whom shall be legally bound by this Release, hereby agree as follows:
Minor is under eighteen (18) years of age, and I am eighteen (18) years of age or older. I acknowledge that Minor is not required to participate in the Event and that his/her participation is voluntary and solely for his/her enjoyment. I understand that Minor can withdraw from the Event at any time. I, as the parent and/or legal guardian of Minor, shall notify the Aviators in writing, not less than forty-eight (48) hours prior to the date of the Event, of any reasonable accommodations, auxiliary aids, and/or services, as defined by the Americans with Disabilities Act, that Minor may require in order to participate in the Event. I hereby acknowledge that the failure to so notify the Aviators will be deemed a representation by Minor and me that no such accommodations, auxiliary aids, and/or services will be required by Minor in order to participate in the Event. Neither Minor nor I will be compensated by the Aviators for Minor’s participation in the Event. We understand and acknowledge that ultimate disc is an action sport and that natural and/or man-made conditions may exist on the surface of the ultimate disc field or in connection with the game of ultimate disc that might present a significant risk of personal injury to Minor and/or damage to his/her property. We also understand and acknowledge that Minor’s participation in the Event may require him/her to engage in strenuous and/or potentially dangerous activities. Neither Minor nor I are aware of any reason, medical or otherwise, why Minor should not participate in the Event, and we are prepared to, and do, hereby accept any and all risks, whether known or unknown to Minor and/or me, of having Minor participate in the Event, including, without limitation, risks ranging from minor injuries to major injuries, such as catastrophic injuries including death.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES 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.”
BEING AWARE OF SAID CODE SECTION, MINOR AND I HEREBY EXPRESSLY WAIVE ANY RIGHTS WE MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
I agree that if Minor and/or I, or anyone acting on our behalf, commence, join in, or in any way seek relief through any action or proceeding arising out of, based upon, or relating to any of the Claims released hereunder, or in any way assert against the Indemnified Parties any of the Claims released hereunder, then we will pay to the Indemnified Parties, in addition to any other damages caused to the Indemnified Parties thereby, all attorney fees incurred by the Indemnified Parties in defending or otherwise responding to said action, proceeding, and/or Claims.
Minor and I hereby authorize and grant the right to the Aviators and/or anyone authorized by or acting on behalf of the Aviators to use, reproduce, publish, sell, and/or depict Minor’s name, voice, and/or likeness, in any manner that the Aviators deem necessary or appropriate, in all media, worldwide, in perpetuity, in and in connection with the production, distribution, marketing, promotion, advertisement, sale, publication, and/or exploitation of any and all photographs, films, digital recordings, and/or other recordings (collectively, the “Works”) taken and/or made of Minor in any manner by the Aviators in association with the Event and/or the Aviators. The rights granted herein are granted in perpetuity, worldwide, and without limitation as to the medium by which the Works may be displayed or the manner of exploitation. The Aviators shall retain sole ownership of all worldwide copyrights and other property rights and interests in and to the Works, and shall retain all of the rights afforded to copyright owners under all applicable foreign and domestic laws, rules, and regulations, including, without limitation, the right to receive royalties distributed pursuant to such laws, rules, and regulations and to sue for infringement. The Aviators shall retain the unrestricted and unencumbered right to assign, license, sell, and/or exploit the Works and/or their rights therein in whatever medium they may be fixed. Any and all proceeds derived therefrom shall be retained by the Aviators.
This Release shall be governed by and construed in accordance with the laws of the State of California. I acknowledge and agree, on behalf of Minor and myself, that this authorization is intended to satisfy any and all of the consent requirements of California Civil Code sections 3344 and 3344.1, and we hereby waive and release any and all claims that Minor and/or I may have or hereafter have against the Aviators under those statutes or any other statutes or common law principles of similar effect.
I declare under penalty of perjury under the laws of the State of California that I am the parent or legal guardian of Minor and that I am duly authorized to execute this Release on his/her behalf. I further declare that I shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims resulting from, incident to, or arising out of Minor’s participation in the Event, any and all risks assumed by Minor and me above, and/or the breach of any promises, covenants, and/or representations made by me herein and/or in the above Release.