RELEASE OF LIABILITY AND ASSUMPTION OF RISK
(“Release”)
I (“Releasor”, “I”) desire to voluntarily participate in an event
hosted
by
Word
& Brown
Insurance Administrators, Inc. ("Company"),
and agree that such participation shall serve as valuable
consideration,
upon
which
Company may reasonably rely, for the the terms of this
Release.
Releasor expressly agrees to follow all directions, policies, and
procedures
of
the
Company related to the event and Releasor acknowledges
and agrees that injury or damage could occur from any cause at such
event,
regardless of
Company’s efforts to prevent the foregoing.
Releasor hereby expressly releases Company, its officers, directors,
managers,
employees, agents, affiliates, shareholders/members,
successors, and assigns ("Releasees") from all known or unknown
claims
that
may
arise at
the event, including those caused by the acts or
ommissions of Releasees. Releasor further expressly waive all of the
benefits
and rights
conferred by Section 1542 of the California Civil
Code and the statutes or common law of any jurisdiction that have
substantially
the same
effect as the provisions of said section 1542
which provides: 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.
I further acknowledge and agree that photographs, recordings, or
videos
(“Images”) may be
taken during this event and I hereby grant
Company a world-wide, perpetual, royalty-free right to such Images.
I
shall
defend,
indemnify, and hold harmless the Releasees against
all claims, liabilities, losses, enforcement costs, or judgments
incurred by
Releasees
related to the participation in the event by either
myself or my guest(s), provided Company allows guests. This Release
shall be
governed
by, construed, and enforced in accordance with
the laws of California and the parties agree to exclusive
jurisdiction
in
Orange
County,
California. If an action is filed in relation to this
Release, the prevailing party shall be entitled to its reasonable
attorneys’
fees from
the non-prevailing party provided such are awarded by
a court of competent jursidiction. This Release shall constitute the
entire
agreement
between the parties regarding this subject matter and,
therefore, any prior understanding or representation preceding the
date
of
this
Release
shall not be binding upon either party except to the
extent incorporated herein. This Release may only be modified by a
writing
signed by
each party or an authorized representative of each
party. If any provision of this Release is declared or determined by
any
court
of
competent jurisdiction to be illegal, invalid, or
unenforceable and cannot be modified to be enforceable, then the
illegal,
invalid, or
unenforceable provision shall be excluded from the
Release, leaving the remaining provisions in full force and
effect.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF
THIS
RELEASE
AND THAT I
AM
HEREBY GIVING UP LEGAL RIGHTS.