WAIVER AND RELEASE AGREEMENT

I, the undersigned, by online signature, on behalf of myself and, if applicable, on behalf of any below-named minor (“Minor”), in consideration of my or the Minor’s voluntary participation in recreational and aquatic activities (“Activities”) at the Marin Community College District and the College of Marin (collectively “College of Marin”), agree to the terms of this Waiver and Release Agreement (“Agreement”) and make the following statements voluntarily, and with full intent that the College of Marin rely on them.

1. Assumption of Risk. I understand and acknowledge that participation in the Activities at College of Marin, including but not limited to swimming, water polo, recreational aquatic activities, use of and proximity to fitness equipment and weights, dryland training, yoga, Pilates, dance, physical movement programs, and presence at facilities used for such activities, carries the risk of serious injury, illness, or even death. I understand and acknowledge that some of the injuries or illnesses that may result from participation include, but are not limited to, the following:

Sprains/strains; fractured bones; loss of consciousness; head injuries; back injuries; partial or full paralysis; loss of eyesight; brain damage; serious injury to internal organs, joints, ligaments, muscles, tendons, or other skeletal components; emotional injury, trauma, or distress; consumption of or exposure to toxic chemicals; heat-related illnesses, consequences of sun-exposure, loss of hearing; communicable diseases; hypothermia, drowning; and death.

I understand and agree that participation in Activities at College of Marin creates inherent risks that cannot be reasonably avoided without changing the nature of the Activities. I understand that College of Marin cannot foresee every possible contingency or completely eliminate all risk. I understand that these risks also include, but are not limited to, serious impairment of the injured party’s future abilities to earn a living, to engage in other business, social and recreational activities, and generally to enjoy life.

I, on behalf of myself, Minor, and our successors, heirs, executors, and assigns, acknowledge and expressly assume all risks and dangers associated with participation in Activities at College of Marin, whether described above, known or unknown, and inherent or otherwise, and take full responsibility for any physical or emotional injury or loss, including death, which I or Minor may suffer, arising in whole or in part from participation in Activities.

2. Waiver and Release of Claims. To the greatest extent permitted by law, I, on behalf of myself, Minor, and our successors, heirs, executors, and assigns, voluntarily release, discharge, waive and relinquish any and all liabilities, claims, costs, damages, expenses (including attorneys’ fees), causes of action, and demands, including but not limited to, claims for bodily injury, personal injury, emotional distress, property damage, other injuries, accident, illness or death (“Claims”) against the Marin Community College District, the College of Marin, and their officers, employees, trustees, agents, volunteers, or directors (collectively the “Released Parties”) arising out of, in connection with, or as a result of my or Minor’s participation in Activities at College of Marin, except that this release does not apply to a Released Party to the extent a Claim is caused by the willful misconduct or gross negligence of that Released Party.

3. Indemnification and Hold Harmless. To the fullest extent provided by law, I, on behalf of myself, Minor, and our successors, heirs, executors, and assigns, agree to indemnify, defend (with counsel approved by College of Marin) and hold harmless the Released Parties for any and all Claims arising from or related to my or Minor’s participation in Activities at College of Marin.

4. Consent to Medical Treatment. In the event of accident, illness, or injury, I hereby authorize the College of Marin or any of the Released Parties to administer first aid to me or to Minor as deemed necessary, and to make such arrangements for me or Minor to receive medical, dental, or similar care or treatment, included related transportation. I further consent to Minor or me receiving emergency medical treatment at the scene, and if necessary, ambulance transportation to a hospital or other medical care center. I hereby consent to me or Minor receiving any medically necessary x-ray, examination, anesthetic, medical, surgical or dental diagnosis or treatment and hospital care considered necessary in the best judgment of the attending health care professional, performed by or under the supervision of a licensed member of the medical staff of a hospital or facility furnishing medical or dental services. I understand and acknowledge that any resulting expenses are my responsibility.

5. Compliance with Rules. I understand and agree that while participating in Activities at College of Marin, I and Minor must abide by all College of Marin rules, regulations, and Board Policies and Administrative Procedures.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS AND CONDITIONS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL CLAIMS AND LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.