WAIVER, RELEASE AND INDEMNITY AGREEMENT

For and in consideration of permitting _______________ to participate in City of Fresno Parks, After School, Recreation and Community Services (PARCS) programming, events and associated activities, operations and/or functions in the City of Fresno, County of Fresno, and State of California, the Undersigned, to the maximum extent permitted by law, hereby voluntarily releases, discharges, waives and relinquishes any and all actions and claims for personal injury, property damage or wrongful death occurring to him/herself arising as a result of participating, observing and/or engaging in activities, operations and/or functions or any incidental thereto wherever or however the same may occur and for whatever period said activities of the program or event may continue. The Undersigned for themselves, their heirs, estate, executors, administrators and assigns further releases, waives, discharges and relinquishes any claims, actions or causes of action as a result of my participation in the event or activities or my observation or attendance thereof. Under no circumstances will my estate, heirs, executors, administrators or assigns prosecute, assert, or present any claim for personal injury, property damage or wrongful death or any other claim against the City of Fresno or any of its officers, agents, servants, or employees for any of said causes of action, whether the same shall arise or result from the negligence of any said persons, or otherwise. I freely and voluntarily assume all risk, unknown and unknown, associated with my participation in or observation of the activity or event, and expressly for myself, heirs, estate, executors, administrators, and assigns exempt and relieve the City of Fresno and/or any of its officers, agents, servants or employees from liability for personal injury, property damage, or wrongful death suffered by the undersigned caused by passive or active negligence. The Undersigned for themself, their heirs, estate, executors, administrators or assigns agree to hold harmless, indemnify and defend the City of Fresno, its officials, members, agents and employees against any claims, costs, damages, demands, liability, action and/or causes of action that may arise out of my participation or involvement in, or observation of any activity or event under this agreement regardless of whether the City of Fresno is actively negligent or passively negligent.

Camp Fresno is located in an area classified as a Very High Fire Hazard Severity Zone by Cal Fire. The City of Fresno adheres to all fire warning and evacuation orders and reserves the right to evacuate Camp Fresno including but not limited to all persons at Camp Fresno in its sole and absolute discretion without any liability to the City of Fresno.

MEDIA RELEASE: Additionally, the Undersigned voluntarily consents to use of the Participant’s photograph, name, image and likeness (Recordings), and waives and releases City of Fresno from any and all claims, causes, damages, liabilities and/or actions arising there from and/or relating thereto, whatsoever, provided said use shall be for non-commercial purposes in connection with advertising, administrative, programmatic and promotional activities and materials. In connection therewith, Participant grants a royalty-free, irrevocable permission to use, reproduce, publish, broadcast and distribute the Recordings.

EVALUATION CONSENT: Evaluation is an important part of the camp experience and is required by the grant funder. Camp Fresno is funded, in part, by a Youth Community Access and CalVIP grant. Participant will be provided pre- and post-surveys for program evaluation purposes.

The Undersigned acknowledges that they have read the foregoing paragraphs, has been fully and completely advised of the potential dangers incidental to engaging in the activity, operation and/or function, and is fully aware of the legal consequences of signing the within instrument.