General Liability Release And Waiver
In consideration of being permitted to participate in this convention, event, or meeting organized by the Society for Promotion of Japanese Animation (“SPJA”) (each referred to as the “Event”), I hereby acknowledge and agree to the following terms and conditions of participation (this “Waiver”):
- I have read, understand, and agree to abide by the Code of Conduct and Weapons Policy for this Event, which are incorporated into this Waiver as though set forth herein. I understand and agree that this Waiver, together with any other policies or instructions posted on the web site or communicated by employees, officials, officers, volunteers, or other persons affiliated with or acting for or on behalf of the SPJA, the City, or any Official Hotel, are effective and apply to me at all times when I am present on and around the Venue and Official Hotels in connection with the Event. The “Venue” refers to the location at which the Event is held. “Official Hotels” are hotels that the SPJA has explicitly designated as such for the Event. The “City” refers to the city in which an Event is held.
- I understand that my participation in any activity at the Event is voluntary. I FURTHER UNDERSTAND THAT SOME ACTIVITIES AT THE EVENT, SUCH AS BUT NOT LIMITED TO DANCING OR ROLE PLAYING, HAVE INHERENT RISKS AND DANGERS, INCLUDING BUT NOT LIMITED TO LOSS OR INJURY TO MY PERSON OR PROPERTY, AND THAT AS A CONDITION OF BEING PERMITTED TO PARTICIPATE IN THE ANY ACTIVITY AT THE EVENT, I MUST ASSUME AND ACCEPT ALL RISKS OF HARM, LOSS, OR INJURY THAT MAY ARISE FROM OR BE RELATED TO PARTICIPATION IN THAT ACTIVITY. I HEREBY WAIVE AND RELEASE, indemnify, and hold harmless the SPJA, the City, the Venue, the Official Hotels, and their respective officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, attendees, public officials, successors and assigns (“Released Parties”), from any and all demands, damages, losses, liabilities, causes of action, lawsuits, attorneys’ fees, and/or claims of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in the Event, including acts or omissions by third parties such as medical providers and vendors of food or drink, arising from or in any way connected with my participation in the Event. I understand the nature of the Event activities in which I participate and represent that I am qualified to participate in such activities. I further acknowledge that I am aware that the Event will be conducted in facilities open to the public. I agree and warrant that if at any time I believe conditions of an Event activity to be unsafe, I will immediately discontinue further participation in the activity. I intend and desire for this Waiver to be interpreted as broadly as permitted under California law. This Waiver does NOT apply to any acts of gross negligence or intentional, willful, or wanton misconduct on the part of any Released Party.
- In the Event of any injury or illness to me during my participation, I authorize the staff of the Event, the SPJA, the Venue, or any Official Hotel to seek and obtain such emergency or medical services as may be deemed necessary at the time, but understand and agree that they shall not be obligated to do so.
- I understand and acknowledge that if I break, deface, harm, or damage any real or personal property in connection with my participation in the Event, including but not limited to property of the Venue, any Official Hotel, or the City, I shall be solely and personally responsible for paying any and all costs and incidental or consequential damages relating to the replacement or repair of the damaged item or facility.
- General Terms. No waiver or amendment of any provision of this Waiver will be effective unless in writing. This Waiver shall be construed using the laws of the State of California, except as they apply to conflicts of law. The language in all parts of this Waiver shall be construed as a whole in accordance with its fair meaning, not for or against any party, and without regard to any statutes that provide for the language of an agreement to be construed against the drafter. If any provision herein is determined to be unenforceable, that provision shall be severed and all other provisions shall remain in effect. I consent to the jurisdiction of any federal or state court within Los Angeles, California. This Waiver shall bind and be for the benefit of myself, SPJA, and our respective heirs, fiduciaries, successors, and assigns. I have not relied upon any promise, representation, or warranty in signing this Waiver. This Waiver will continue in full force and effect even after the conclusion of the Event. You understand and agree that your electronic submission of agreement to this Waiver constitutes an electronic signature that is just as legally binding as your signature on a hard copy of the Waiver. Further, you agree that no certification authority or other third-party verification is required to validate this electronic signature, and that the lack of such certification or third-party verification shall not in any way effect the enforceability of this Waiver.
I SUBMIT THIS WAIVER VOLUNTARILY, OF MY OWN FREE WILL AND FREE OF PRESSURE, DURESS, OR THREAT OF DURESS. I HAVE READ THIS ENTIRE FORM CAREFULLY. I UNDERSTAND AND AGREE THAT BY ACCEPTING THIS WAIVER, I HAVE GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. MY SIGNATURE IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE SPJA OF ALL LIABILITY TO THE FULLEST EXTENT OF THE LAW. I AM OVER 18 YEARS OLD AND I AM MENTALLY COMPETENT.
Parent or Guardian’s Additional Release for Minors
In consideration of the minor attendee (the “Minor”) being permitted by the SPJA to participate in the Event, I the undersigned represent and affirm that I am the parent or legal guardian of the Minor whose name appears above and that I have the authority to enter into this agreement on the Minor’s behalf. I understand and agree that the above terms and conditions apply to the Minor and to me. I further agree to indemnify and hold harmless the SPJA from any and all claims that are brought by, or on behalf of, the Minor, and which are in any way connected with the Minor’s participation in the Event. I represent and warrant that I am over 18 years old and I am mentally competent.