时间：2014年4月20日（星期日）11:30am - 3pm
11：30 am 报到，餐饮准备
11：40 am Potluck
1：00 pm 捡蛋
RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity on Apr 20th 2014, organized by “Happy Home Town” (“快乐家园”) at Las Palmas Park, Sunnyvale, CA 94087 and/or use of the property, facilities and services of , I, _________________, agree for myself and (if applicable) for the people (include but not limit to my family members) I bring to the event, collectively the “Participant”, to the following:
1. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the volunteers of “Happy Home Town”.
2. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to the Participant, and further release and discharge “Happy Home Town” for injury, loss or damage arising out of the Participant's use of or presence upon the facilities of Las Palmas Park, Sunnyvale, CA 94087, whether caused by the fault of the Participant or other third parties.
The inherent risks include, but are not limited to, injuries from:
a) Animal attacks, including but not limited to, dogs, cats;
b) Bites from insects, including ticks;
c) Extreme weather conditions which may result in heatstroke, sunstroke, hypothermia, frostbite, or lightening strikes;
d) Inhalation of viruses or infections including Hantavirus Pulmonary Syndrome;
e) Vigorous physical exertion;
f) Grass, turf and other surfaces including bacterial infections and rashes;
g) Falling to the ground due to uneven, slippery, steep, rocky or irregular terrain or surfaces;
h) Failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
i) Spinal cord injuries which may render me permanently paralyzed; and
j) Travel to and from activities, events and programs.
3. I agree to indemnify and defend against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from the Participant's use of or presence upon the facilities of , whether caused by the fault of the Participant, or other third parties.
4. I agree to pay for all damages to the facilities of Las Palmas Park, Sunnyvale, CA 94087, caused by the Participant's negligent, reckless, or willful actions.
5. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
6. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that “Happy Home Town” has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.
8. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10. In case of an emergency, please call _________________ (Relationship:_________________) at _________________ (Day), or _________________ (Evening).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.