Behind the Badge: Release and Waiver
This Waiver and Release of Liability Agreement (the "Agreement") is entered into by and between the participant identified below ("Participant") and the City of Pleasanton, a municipal corporation of the State of California, including its officers, officials, employees, agents, volunteers, departments, and divisions (collectively, the "City").
I. VOLUNTARY PARTICIPATION AND ACKNOWLEDGMENT OF RISKS
A. Participant acknowledges that attendance and participation in the City of Pleasanton's Behind the Badge Program (the "Program") is strictly voluntary. Participant understands that the Program provides no marketable police officer skills and does not constitute a law enforcement training program.
B. Participant expressly acknowledges being fully informed that participation in the Program involves inherently dangerous activities including but not limited to:
1. Operation of firearms under supervision;
2. Exposure to and potential operation of other weapons, including chemical agents, impact weapons, and Taser stun guns;
3. Participation in firearms training exercises using coherent light (Laser) technology that could be hazardous to the eyes of both operator and bystander;
4. Learning and practicing control holds, weaponless defense techniques, and handcuffing with other attendees and instructors; and
5. Physical involvement that can cause temporary and permanent injuries, including but not limited to bruises, strains, sprains, bone fractures, hearing loss, eye loss or injury, or even death to the Participant and/or bystanders.
C. Participant represents and warrants that, if the Participant has any concerns about the risks associated with the Program, that the Participant will have consulted with their physician or healthcare provider regarding their physical condition and ability to participate in the Program prior to signing this waiver.
II. ASSUMPTION OF RISK
A. Participant, being fully aware of the risks, hazards, and dangers associated with participation in the Program, hereby irrevocably and voluntarily assumes all risk of injury, illness, death, or property damage that may result from participation in the Program, whether caused by the negligence of the City or otherwise.
B. Participant acknowledges that the assumption of risk includes risks that are both known and unknown, and that injuries may arise from foreseeable or unforeseeable causes.
III. WAIVER AND RELEASE
A. To the fullest extent permitted by law, Participant, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby expressly and forever waives, releases, discharges, and agrees not to sue the City from any and all liability, claims, demands, damages, losses, expenses, or causes of action of any nature whatsoever, including attorney's fees, arising out of or related to any loss, damage, injury, or death that may be sustained by Participant while participating in the Program, whether caused by the negligence of the City or otherwise.
B. This waiver and release extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown, including claims for negligent acts or omissions of the City. Participant expressly waives the provisions of California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
IV. INDEMNIFICATION
A. Participant agrees to indemnify, defend, and hold harmless the City from and against any and all claims, demands, actions, causes of action, lawsuits, expenses, or losses (including attorneys' fees) alleged to have been caused in whole or in part by the negligence or other acts of Participant while participating in the Program.
V. SEVERABILITY AND GOVERNING LAW
A. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
B. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any legal action arising out of this Agreement shall be the Superior Court of Alameda County, California.
VI. ACKNOWLEDGMENT
A. PARTICIPANT ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. PARTICIPANT IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN PARTICIPANT AND THE CITY, AND SIGNS IT OF THEIR OWN FREE WILL.