WAIVER AND RELEASE OF LIABILITY
In consideration of my voluntary involvement in activities undertaken for and/or with the support of HAMAQOM | The Place, and/or with the participation of HAMAQOM | The Place, I stipulate and agree as follows:
1. Refund and Cancelation Policy
There are no refunds on ticket sales or donations made toward the HAMAQOM | The Place Gala 2020. Tickets are transferable to other attendees. If you are unable to attend the gala, please notify us in writing via email to email@example.com no later than Wednesday, March 11, 2020 with the name(s) of the guest(s) to whom you would like transfer your ticket(s). We cannot guarantee transfer requests received after March 11, 2020.
If the event has to be cancelled by HAMAQOM | The Place due to any unforeseen circumstances, the $250 cost per ticket will be refunded to you automatically per your original form of payment. The amount of your donation in excess of $250 is a nonrefundable, tax-deductible donation to HAMAQOM | The Place.
2. Assumption of Risk.
I voluntarily and freely choose to assume all risks and dangers, including the risk of bodily injury or death, that may be associated with, or result from, my participation in activities. I hereby assume all the risks of participating in the event, regardless of their cause.
3. Release from Liability.
In consideration of being permitted to participate in the event, I, for myself, my personal representatives, my administrators, my heirs, my next of kin, my survivors, my successors, and my assigns:
A. HEREBY DISCHARGE, COVENANT NOT TO SUE, and RELEASE HAMAQOM | The Place and/or their respective administrators, directors, agents, officers, members, volunteers, representatives, and employees, other participants, any sponsors, funders, advertisers, vendors, manufacturers and, if applicable, owners and lessors of premises on which the event takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITIES, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this Agreement I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim. Moreover, if any disputes arise under, or relate to, this Agreement or the event, they will be brought exclusively in a state or federal courts in the State of California, Alameda County, and this Agreement shall be governed by and construed and enforced in accordance with the laws of California, without giving effect to the conflicts of laws principles thereof.
B. CONSENT to receive medical treatment that may be deemed advisable as a result of any injuries I receive during the event and agree that I am solely responsible for all costs, including diagnosis, treatment, medical transportation, and evacuation, that may become necessary for me or another person as a result of any of my actions during the event.
The undersigned expressly agrees that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.