DC Greens Participant Release and Waiver of Liability
**PLEASE READ CAREFULLY AND FULLY UNDERSTAND EACH PARAGRAPH OF THIS RELEASE AND WAIVER OF LIABILITY**
The individual or entity named below (referred to as the "Participant") desires to participate in [Beat Ya Feet to AfroBeats] (the "Activity") provided by [Connected Culture Ltd.] in partnership with DC Greens, a District of Columbia non-profit corporation ("DC Greens") at The Well at Oxon Run Park Urban Farm ("the Well"). In consideration of being permitted by DC Greens to enter The Well and participate in the Activity, and in recognition of DC Greens' reliance hereon, the Participant agrees to all the terms and conditions set forth in this agreement (this "Release").
The dates for the Activity are any dates past, present, or in the future. Any person or entity that controls, is controlled by, or is under common control with DC Greens shall be deemed an Affiliate of DC Greens.
The Participant is aware and understands that the Activity is a potentially dangerous activity and involves the risk of bodily injury, ranging from minor to serious and the possibility of disability and death, and/or property damage. The Participant is also aware of the highly contagious nature of bacterial and viral diseases, including COVID-19 (the "Disease"), and the risk that the Participant may be exposed to or contract the Disease by being at The Well and engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. The Participant acknowledges that these risks may result from or be compounded by the actions, omissions, or negligence of DC Greens employees or others, including negligent emergency response or rescue operations of DC Greens. The Participant understands that DC Greens cannot guarantee that the Participant will not be injured or become infected with the Disease or other infectious diseases while at The Well or during the Participant's participation in the Activity and that being at The Well and engaging in the Activity may increase the Participant's risk of contracting the Disease.
NOTWITHSTANDING THESE RISKS, THE PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT IS VOLUNTARILY ACCESSING THE WELL AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. THE PARTICIPANT HEREBY AGREES TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF DC GREENS OR OTHERWISE.
The Participant hereby expressly waives and releases any and all claims, now known or hereafter known, against DC Greens and its current and former directors, officers, employees, volunteers, agents, service providers, affiliates, successors and assigns (collectively, "Releasees") on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to the Participant's being at The Well or participating in the Activity, whether arising out of the ordinary negligence of DC Greens or any Releasees or otherwise. The Participant covenants not to make or bring any such claim against DC Greens or any other Releasees, and forever release and discharge DC Greens and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that District of Columbia law does not permit to be released by agreement.
The Participant confirms that the Participant: (a) is in good health and proper physical condition and does not have any medical or other conditions that would impair the Participant's ability to participate in the Activity; and (b) is not experiencing symptoms of the Disease (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), does not have a confirmed or suspected case of the Disease, and has not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. The Participant will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while at The Well or participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. The Participant will also follow all instructions, recommendations, and cautions of DC Greens at all times while at The Well or during the Activity. If at any time the Participant believes conditions to be unsafe, that the Participant is no longer in proper physical condition to participate in the Activity, or the Participant begins experiencing symptoms of the Disease, the Participant will immediately discontinue further participation in the Activity. The Participant acknowledges that DC Greens is relying on these statements to allow the Participant to participate in the Activity.
The Participant shall defend, indemnify, and hold harmless DC Greens and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers incurred by DC Greens or any other Releasees, arising out of or resulting from any claim of a third party related to the Participant's being at The Well or participating in the Activity, including any claim related to the Participant's own negligence or the ordinary negligence of DC Greens.
The Participant does hereby release and forever discharge DC Greens and all other Releasees from any claim whatsoever which has arisen or may hereafter arise on account of any first aid, treatment, or other medical service rendered in connection with the Participant's activities with DC Greens, or with the decision by any representative or agent of DC Greens to exercise the power to consent to medical or dental treatment.
The Participant understands and agrees that during the Activity, the Participant may be photographed and/or videotaped by DC Greens for internal and/or promotional use. The Participant hereby grants and conveys to DC Greens all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consents to DC Greens' use of Participant's name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.
The Participant acknowledges that the Participant has received and read a copy of the current Policies and Procedures of The Well. The Participant agrees that the Participant will fully comply with all policies and procedures as they are amended from time to time.
The Participant acknowledges that this Release constitutes the sole and entire agreement of DC Greens and the Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of DC Greens and the Participant and each party's respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and local courts located in the District of Columbia and I hereby consent to the exclusive jurisdiction of such courts.
The Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the District of Columbia, and that this Release shall be governed by and interpreted in accordance with the laws of the District of Columbia. The Participant also agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release, which shall continue to be enforceable. The Participant acknowledges that it is the Participant's expressed intent that this agreement shall bind the members of the Participant's family and spouse, if the Participant is alive, and the Participant's heirs, assigns and personal representative(s), if the Participant is deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, and COVENANT NOT TO SUE the above named RELEASEES.
BY SIGNING THE WAIVER WITH AN “I AGREE” RESPONSE OF THE REGISTRATION PAGE, THE PARTICIPANT (AND, IF APPLICABLE, THE PARENT/GUARDIAN) ACKNOWLEDGES THAT THE PARTICIPANT HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE, THAT THIS RELEASE IS APPLICABLE TO ALL PAST, PRESENT AND FUTURE ACTIVITIES, AND THAT THE PARTICIPANT IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.