The individual named below (referred to as “I” or “me”) desires to participate in a cleanup, ocean school, water sports or other activity (“Activity”) facilitated by Parley, LLC, and/or Parley Foundation, both having an address at 187 Lafayette St, 5th Floor, New York, NY 10013 (”Parley”). As lawful consideration for the intangible value that I will gain by participating in the Activity, I agree to all the terms and conditions set forth in this Release of Liability And Assumption of Risk (this “Release”).
My participation in all Activities is entirely voluntary. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THIRD PARTIES, INCLUDING PARLEY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH FULL KNOWLEDGE AND UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF PARLEY OR OTHERWISE.
I AM AWARE AND UNDERSTAND THAT THERE IS A RISK OF EXPOSURE TO COVID-19 IN ANY PUBLIC PLACE, AND THAT BY ATTENDING OR PARTICIPATING IN A PARLEY EVENT, I COULD BE EXPOSED TO OR CONTRACT COVID-19, A POTENTIALLY DEADLY AND SERIOUS ILLNESS.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Parley, and its officers, directors, employees, agents, affiliates, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Activities, or being exposed to or contracting COVID-19, whether arising out of the negligence of Parley or any Releasees or otherwise. I covenant not to make or bring any such claim against Parley or any other Releasee, and forever release and discharge Parley and all other Releasees from liability under such claims.
I agree to defend, indemnify and hold harmless Parley and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Release and the cost of pursuing any insurance providers, incurred by Parley and all other Releasees in a final judgment, arising out or resulting from any claim of a third party related to the Activities.
This Release constitutes the sole and entire agreement of Parley and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Parley and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in New York, NY and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PARLEY.