MIGHTY CORONA NATION, INC.
Each of the undersigned individuals (each, a “Participant
”), together constituting a parent and one or more children, hereby acknowledges and agrees that such Participant has voluntarily chosen to participate as part of the explorer guide programs (the “Program
”), organized by Mighty Corona Nation, Inc., a California nonprofit organization, (collectively with their respective successors and assigns, the “Organization
”) for a 1-year period starting on August 1, 2020. The Participants may not participate in the Program or the Activities (as defined below) unless this agreement (this “Agreement
”) is signed by each Participant and returned to the Organization prior to the start of the Participants’ participation in the Program.
General Matters. Each Participant is in good physical condition and fully able to participate in the various activities and events organized by the Organization or its subsidiary and/or affiliated groups (such activities and events collectively, the “Activities”). Each Participant is aware that participation in the Program and presence at the Activities involves numerous risks of loss, injury or death and agrees that such Participant is voluntarily participating in the Program and the Activities with knowledge of the risks and danger involved and such Participant hereby agrees to accept any and all risks of loss, injury or death. Each Participant knowingly consents to participate in any or all Activities under such Participant’s own free will and without duress or the influence of any third party.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and other preventative measures. By signing this Agreement, each Participant acknowledges the contagious and dangerous nature of COVID-19 and voluntarily assumes the increased risk that such Participant be exposed to or infected by COVID-19 in connection with participation in the Program and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Each Participant understands that the risk of becoming exposed to or infected by COVID-19 in connection with participation in the Program may result from the actions, omissions, or negligence of such Participant and others, including, but not limited to, the Organization’s volunteers, contractors, program participants and their families.
Each Participant acknowledges and understands that Organization policy requires that such Participant not participate in any Activities in the event that such Participant or any member of such Participant’s household (i) is diagnosed with the COVID-19 virus, (ii) has (or has experienced within the last 30 days) any of the common symptoms associated with COVID-19 including fatigue, coughing, respiratory distress, or fever, or (iii) is currently within any quarantine period suggested by public agencies or any doctor. Each Participant further acknowledges and understands that Organization’s policies are subject to update and change.
Each Participant understands and acknowledges that such Participant shall, prior to and during participation in any Activities:
Each Participant understands that these precautions and such Participant’s representations above are vital and necessary to maintain the safety of other persons, including other Program participants and their families as well as the Organization’s volunteers and contractors. Each Participant further understands and agrees that such Participant shall not be entitled to any refund of dues or fees in the event of such Participant’s inability or choice not to participate in any Activity, regardless of whether due to illness, concerns over illness, because such Participant is prohibited from attending due to governmental, regulatory or Organization health protocols, or otherwise.
Without limiting the foregoing, by executing this Agreement, each Participant hereby acknowledges and agrees that such Participant has familiarized itself with all existing guidelines with regard to COVID-19, including without limitation those promulgated by (a) the Centers for Disease Control and Prevention (which can be generally found at https://www.cdc.gov/coronavirus/2019-ncov/index.html), (b) the State of California (which can be generally found at https://covid19.ca.gov/), and (c) the County of Orange, California (which can be generally found at https://occovid19.ochealthinfo.com/), and has further spoken with any family physicians as he or she determines may be necessary or appropriate with respect to such Participant’s health conditions.
- Wash hands with soap and water for at least 20 seconds or, if washing hands is not feasible, to use alcohol-based hand rub or sanitizing wipes, in each case prior to and frequently during participation in any Activities.
- Maintain at least six feet of personal space between such Participant and others.
- Wear a face mask at all times.
- Follow all other recommendations/requirements of health and government officials.
- Comply with all Organization guidelines relating to participation in the Program or any Activities.
- Cooperate with the Organization with regard to any screening procedures conducted by the Organization (including without limitation temperature checks).
As lawful consideration for being permitted to participate in the Program and be present at the Activities, each Participant and his or her respective assignees, heirs, guardians and legal representatives, hereby fully release from any liability and agree not to sue, make a claim against, or prosecute the Organization or its agents, employees, volunteers, officials, officers, directors, members, groups and affiliate organizations with respect to any and all liabilities, costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, arising from or relating to, in whole or in part, directly or indirectly, such Participant’s participation in the Programs or presence at the Activities, whether or not such loss, injury or death was caused by alleged negligence. Each Participant understands and acknowledges that he or she is releasing potentially unknown claims, and that such Participant may have limited knowledge with respect to some of the claims being released. Each Participant acknowledges that after his or her execution of this Agreement, such Participant may discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed and which, if known by such Participant at that time, may have materially affected such Participant’s decision to execute this Agreement. Each Participant expressly waives and releases any and all rights and benefits under Section 1542 of the Civil Code of the State of California (or any analogous law of any other state), which reads as follows:
“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.”
Each Participant acknowledges that the Organization, through its websites, social media accounts and other media platforms, produces its own content, and also allows members and other participants to upload content. Each Participant further consents to the use of his or her image or likeness in all promotional, marketing and other material to be used by the Organization. Each Participant freely and willingly waives all rights and claims to compensation for use of his or her image or likeness in all forms (including without limitation video, photograph, internet and print).
Each Participant (and, in the case of Participants under 18 years old, his or her parent or legal guardian) has the full, complete and unrestricted right and authority to enter into this Agreement. Each Participant (a) has no mental or physical condition that could impair such Participant’s participation in the Activities, (b) is not under the influence of drugs and (c) is not intoxicated.
This Agreement may be executed in several counterparts (any of which counterparts may be delivered by facsimile, portable document format (pdf) or any electronic signature complying with the U.S. federal ESIGN Act of 2000 (including DocuSign)), each of which shall be deemed an original and all of which shall together constitute one and the same instrument. This Agreement and the rights and obligations of the Organization and the Participants shall inure to the benefit of, and be binding upon, their respective successors, assigns, heirs, personal representatives, executors and administrators.