GENERAL RELEASE OF LIABILITY AND ASSUMPTION OF RISK
READ BEFORE ACCEPTING
In exchange for the opportunity for me and/or the child(ren)/ward(s) listed herein, if applicable, to participate in the VIP On-Court Experience (the “Event”), I, for myself and on behalf of said child(ren)/ward(s), if applicable, heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS Golden State Warriors, LLC (“GSW”), GSW Arena LLC, GSW Sports LLC, the National Basketball Association and its Member Teams, NBA Properties, Inc., the owners and lessors of the premises on which the Event is occurring, Confirmed, LLC, JPMorgan Chase Bank, N. A., and the respective parents, subsidiaries, affiliates, directors, officers, governors, employees, sponsors, service providers, vendors, and agents of each of the foregoing (the “Indemnified Parties”) FROM AND AGAINST ANY AND ALL INJURY, DISABILITY, DEATH, loss, damage to person or property, claims, causes of action, or demands relating to or arising out of my and/or any child’s/ward’s, if applicable, participation in the Event, WHETHER ARISING FROM NEGLIGENCE OF THE INDEMNIFIED PARTIES OR OTHERWISE, to the fullest extent permitted by law.
I acknowledge the risk of injury to me and/or the child(ren)/ward(s) listed herein, if applicable, from the activities involved in the Event are significant, and include the potential for permanent disability and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist. I, FOR MYSELF AND ON BEHALF OF THE CHILD(REN)/WARD(S) LISTED HEREIN, IF APPLICABLE, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN, KNOWINGLY AND EXPRESSLY ASSUME SUCH RISKS, both known and unknown, HOWSOEVER CAUSED OR ARISING AND WHETHER BY NEGLIGENCE OF THE INDEMNIFIED PARTIES OR OTHERWISE, and accept personal responsibility for the damages following such injury, permanent disability or death.
On behalf of myself and/or the child(ren)/ward(s) listed herein, if applicable, expressly waive any and all rights that I, we and/or they may have under California Civil Code Section 1542 (or any other statute or rule of similar import, intent, or effect) which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
In an emergency, I grant permission to representatives of GSW to have the authority, at my expense, to utilize the most convenient volunteer rescue squad vehicle or ambulance to transport me and/or the child(ren)/ward(s) listed herein, if applicable, to the hospital, and if necessary, I authorize medical treatment for myself and/or the child(ren)/ward(s) listed herein, if applicable.
I ACKNOWLEDGE, ON BEHALF OF MYSELF AND THE CHILD(REN)/WARD(S) LISTED HEREIN, AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS IMPLEMENTED BY GSW) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19. COVID-19, AND ANY APPLICABLE VARIANT THEREOF, IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND UNDERLYING MEDICAL CONDITIONS. I, ON BEHALF OF MYSELF AND THE CHILD(REN)/WARD(S) LISTED HEREIN, VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH) SICKNESS (INCLUDING ILLNESS, LONG-TERM ADVERSE HEALTH CONDITIONS, AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS, OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT, WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, HOWEVER CAUSED, AND WHETHER BY NEGLIGENCE OR OTHERWISE.
I grant full permission to the Indemnified Parties to use, without further notification, authorization or compensation to me and/or the child(ren)/ward(s) listed herein, or anyone on my behalf, my and/or the child(ren)’s/ward(s)’s, if applicable, name and likeness, as well as any photographs, audio, videotapes, motion pictures, recordings, or other record of my and/or the child(ren)’s/ward(s)’s, if applicable, participation in the Event (or any excerpt thereof) in any and all media, whether now known or hereafter to become known or developed, throughout the universe, and in perpetuity, and I represent and warrant that no further permission is required for the Indemnified Parties to use my and/or the child(ren)’s/ward(s)’s, if applicable, participation in the Event as provided, or otherwise exercise the rights granted herein.
I hereby represent and warrant that I have full authority to execute this General Release of Liability and Assumption of Risk (the “General Release”). If any portion of this General Release of Liability and Assumption of Risk Agreement is found to be unenforceable or invalid, that portion shall be severed and the remainder shall remain in full force and effect. I also represent that I am eighteen (18) years of age or older and, if applicable, am the parent or legal guardian of the minor(s) participating in the Event whose name(s) is/are listed herein.
If I am providing volunteer services or otherwise assisting with the operation of the Event, I hereby acknowledge that I am not an employee of GSW, and thereby not entitled to any compensation, health insurance, retirement plans, workers’ compensation insurance, or any other benefits offered by GSW to its employees and GSW will not be liable for any of the foregoing, even if it is later determined by a court of competent jurisdiction that I and/or my child(ren)/ward(s) listed herein have or had the status of employee of GSW in relation to my/their/our volunteer services provided for the Event.
I HAVE READ THIS GENERAL RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND FULLY UNDERSTAND THE TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS HEREIN, I AM EXECUTING THIS GENERAL RELEASE WITH THE FULL FORCE AND EFFECT AS WOULD APPLY TO A SIGNATURE AND I AGREE ON BEHALF OF MYSELF AND/OR THE CHILD(REN)/WARD(S) LISTED HEREIN TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS GENERAL RELEASE.