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CITY OF MALIBU, VIRTUAL PROGRAMS
WAIVER, RELEASE, HOLD HARMLESS, AND AGREEMENT NOT TO SUE
By signing this waiver, release, hold harmless, and agreement not to sue, I fully understand that my participation in the virtual program, class, workshop, or event (hereinafter "Program") exposes me to the risk of personal injury, death, communicable diseases, illnesses, viruses, or property damage. I hereby acknowledge that I am voluntarily participating in this Program and agree to assume any such risks.
The City of Malibu is not responsible for any loss, alteration, corruption or other damage to my personal property, including computers, networks and other personal property used as part of my participation in the Program. The City of Malibu makes no warranty that 1) internet service will be adequate to facilitate the Program, 2) internet service will be uninterrupted, timely, secure, error-free or virus-free, 3) any information that may be obtained through the Program will be accurate or reliable and/or 4) that any errors in software will be corrected.
I understand and agree that any material downloaded, viewed or otherwise obtained through the Program is done at my own risk and I will be solely responsible for any loss or damage to my personal property, including computer systems and networks, or loss of data that results from the use, download and/or viewing of the Program.
I hereby warrant and agree, that the conditions of my property, both personal and real, are suitable for participation in the Program and that by participating in the Program, I assume the risk that such property is not suitable and agree to hold the City of Malibu harmless from any loss or damage arising from injury to person or property arising from the use of such property in the Program.
I hereby release, discharge and agree not to sue the City of Malibu for any injury, death or damage to or loss of personal property arising out of, or in connection with, my participation in the Program from whatever cause, including the active or passive negligence of the City of Malibu or any other participants in the Program. The parties to this AGREEMENT understand that this document is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision.
In consideration for being permitted to participate in the Program, I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless the City of Malibu from any and all claims, demands actions or suits arising out of or in connection with my participation in the Program.
I understand and agree that the Program may be recorded for viewing and/or listening by others at a future date. I consent to the City of Malibu’s use of audio/video recordings of me during the Program and that the City of Malibu may use audio/video segments or photograph stills of me for any purpose, including but not limited to news, advertising and promotional purposes, without compensation to me. I hereby release and hold harmless the City of Malibu from any claims relating to the use of my likeness and image.
I understand and agree that this is an interactive Program and agree to act reasonably and professionally at all times during my participation. During live sessions, participants will be able to see and hear anything within audio or camera viewing areas. Accordingly, the Program coordinator may, in his or her sole discretion, mute and/or restrict video access to participants during the session.
I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL.
Each of the signatories hereto warrants and represents that he or she is competent and agrees to the waiver terms. The waiver will be considered signed when the signature of a party is delivered physically or electronically on the online form. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
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