I (Signor) agree as follows with regard to Signor’s presence at this event’s venue (the “Space”) and/or its presence at or participation in this event (the “Activity”) on the date this form specifies.

SIGNOR FULLY RECOGNIZES THE DANGERS OF USING THE SPACE AND/OR PARTICIPATING IN THE ACTIVITY, RISKS OF BODILY INJURY TO SELF OR OTHERS, AND VOLUNTARILY ASSUMES ALL RISKS IN CONNECTION WITH THE SPACE AND/OR ACTIVITY. Signor hereby certifies that it understands it may use equipment in connection with the Space and/or Activity and that Signor accepts all risks in connection with such equipment. Signor represents that Signor is in good health and is not aware of any physical or medical condition that might endanger Signor or other participants in connection with the equipment, Space and/or Activity.

Acting for Signor and Signor’s heirs, personal representatives, executors, assigns ad litem, Signor hereby irrevocably releases The Irvine Company LLC, Irvine Management Company, and any person or entity controlling, controlled by, or under common control with each such entity, and each of their respective owners, shareholders, partners, members, divisions, officers, directors, consultants, employees, representatives and agents, and all of their respective successors and assigns (together “Releasees”) from and waives against the Releasees, any and all claims, losses, costs, expenditures, damages, injuries and liabilities whatsoever (including death, bodily injury, personal injury, property damage), obligations and causes of action of any kind or nature directly or indirectly arising or resulting from or in connection with the Space and/or Activity, Signor’s use of any equipment or other facilities in connection therewith (excluding claims to the extent determined by the ultimate trier of fact to have been caused by Releasees’ sole active negligence or willful misconduct), Signor’s presence or work at or use of the Space or presence at or participation in the Activity or during travel to or from the Space or Activity, including injury of any kind or death of any person, including to Signor, and for damage to or loss or destruction of any property, including Signor, whether or not resulting or arising from, in connection with or contributed to by the passive or active negligence of the Releasees; and agrees that the foregoing release is a general release and extends to claims of which Signor may not be aware on the date Releasor executes this Release, Waiver and Indemnity (“Release”), and includes claims which, if known by Releasor, would have materially affected Signor’s willingness to provide this Release. Signor agrees to defend, indemnify and hold Releasees entirely free and harmless from all liability for any such loss, damage or injury of any persons, and from all costs and expenses arising from any of the matters released brought by, through or on behalf of Signor and/or from any actual or alleged acts or omissions of Signor (except to the extent determined by the ultimate trier of fact to have been caused by Releasees’ sole active negligence or willful misconduct).

Signor agrees that Signor has inspected the Space and any equipment and acknowledges that the Space and any equipment are safe and suitable for the use, work and/or Activity contemplated. Signor agrees that no warranty or representation of any kind whatsoever has been given regarding the condition of the Space, Activity or any facilities or equipment, any areas of ingress or egress or any means of transportation to and from the Space and/or Activity.

Any information, ideas, concepts, designs, discussions, photographic materials, employee or customer information, and other materials provided to Signor by or on behalf of Releasees are the exclusive property of Releasees and strictly confidential and shall not be used or discussed by Signor in any manner, except as required to comply with applicable law. Signor shall not use, display, publish or create derivative works of Releasee’s name or any name or image of any of Releasee’s property for any purpose.
In connection with your opportunity to access the Space and/or the Activity, Signor grants to IMC the right and a nonexclusive, perpetual, irrevocable, worldwide, royalty-free license to: (a) record and use your likeness and voice on video, audio, photographic, digital, electronic or any other medium (collectively, “Photographs”); (b) use, reproduce, modify, create derivative works from, distribute, perform, and transmit the Photographs in any manner and via any media throughout the world in perpetuity, in such manner, for such purposes and with such frequency as IMC shall determine in its sole discretion, without further compensation or consideration to Signor; (c) use Signor’s name in connection with the Photographs.
Signor and Releasees agree that any and all disputes whether of fact or law arising between them in connection with this Release, Waiver and Indemnity or the Activity shall be determined by binding arbitration before one arbitrator. The arbitration shall be substantively and procedurally governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16 [“FAA”]), to the exclusion of California procedural law. To the extent not inconsistent with FAA, the arbitrator shall follow and enforce California substantive law and the arbitration shall be conducted pursuant to the Construction Industry Rules of the American Arbitration Association (“AAA”). The Arbitrator shall have the exclusive authority to resolve any and all disputes concerning applicability, formation, execution, persons bound by, scope, conscionability and enforceability of this arbitration provision.

Signor acknowledges that it is familiar with the provisions of California Civil Code § 1542, which provides as follows: “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.” Signor, being aware of said code section, hereby as to the matters released above expressly waives any rights it may have thereunder, as well as any other statute or common law principles of similar effect.

I expressly agree that this release is intended to be as broad and inclusive as is permitted by the laws of the state of California, and that if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE CAREFULLY READ THIS RELEASE AND HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL. I FULLY UNDERSTAND ALL OF ITS CONTENTS AND ITS LEGAL EFFECT. I AGREE THAT THIS RELEASE IS CONTRACTUALLY BINDING, AND I SIGN IT OF MY OWN FREE WILL.

IF A PARTICIPANT UNDER 18 YEARS OLD IS INCLUDED IN THIS RSVP:
I represent that I am the custodial parent or legal guardian of the minor named above with the right to grant the consent, release and indemnity granted herein on behalf of the minor named above. I consent to the terms of this WAIVER AND RELEASE on his/her behalf.