In exchange for use of the facilities, food and services of Bay Area Prabasi Inc., of P.O. Box 3613, Fremont, California, 94539, during Durga Puja 2020 event, I/we (Full Name(s) of adults,of, (Address) agree for ourselves and (my minor kids) to the following:
- AGREEMENT TO FOLLOW DIRECTIONS. I/we agree to observe and obey all posted rules and warnings regarding COVID-19, and further agree to follow any oral instructions or directions given by Bay Area Prabasi, or the employees, representatives, volunteers or agents of Bay Area Prabasi.
- ASSUMPTION OF THE RISKS AND RELEASE. I/we recognize that there are certain inherent risks associated with the above described activity regarding COVID-19, acknowledge the contagious nature of COVID-19 and understand that CDC and public health authorities recommend the practice of social distancing, and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Bay Area Prabasi for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Bay Area Prabasi Inc., whether caused by the fault of myself, my family, Bay Area Prabasi Inc. or other third parties. I acknowledge that Bay Area Prabasi Inc. has followed all local and state requirements regarding the coronavirus pandemic to reduce the spread of COVID-19. I acknowledge that Bay Area Prabasi cannot guarantee that I will not become infected with COVID-19.
- INDEMNIFICATION. I/we agree to indemnify and defend Bay Area Prabasi Inc., or the officers, employees, representatives, volunteers or agents of Bay Area Prabasi. against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Bay Area Prabasi.
- APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
- NO DURESS. I/we agree and acknowledge that I/we am under no pressure or duress to sign this Agreement and that I/we have been given a reasonable opportunity to review it before signing. I/we further agree and acknowledge that I/we am/are free to have my/our own legal counsel review this Agreement if I/we so desire.
- ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.
- ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I/WE HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I/WE FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I/WE VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
List Names of MINOR (under 18) Family Members IN PRINT: