Pixie Park Member Agreement & Release/Waiver

PLEASE SCROLL THROUGH & READ THIS ENTIRE WAIVER, RELEASE AND INDEMNITY AGREEMENT AS YOU ARE BOUND BY THESE TERMS: WAIVER, RELEASE AND INDEMNITY AGREEMENT On behalf of myself and my minor child(ren) I do hereby expressly agree as follows: 1.I specifically waive, release, hold harmless, and forever discharge Pixie Parents, A Nonprofit Corporation (“Pixie Parents”), Marin Art & Garden Center, A Nonprofit Corporation (“MAGC”), and any of their respective partners, employees, officers, directors, affiliates, related entities, agents, successors, assigns, any person acting on their behalf, and any legal representatives (collectively, the “Released Parties”) from any and all responsibilities, claims, or liability for any personal injuries, death, property damage, or any other injuries or damages of any kind whatsoever, known or unknown, now or in the future, accrued or unaccrued, resulting from, arising out of, or connected to my or minor child(ren)’s presence upon, participation in, or use of the facilities, equipment, activities or events located at Pixie Park and/or the Marin Art & Garden Center, 30 Sir Francis Drake Blvd., Ross, California 94957 (collectively, the “Premises”), including any liabilities, in whole or in part, by the negligent act or omission of any of the Released Parties. 2. I understand that the Premises are available for use by members and their guests and that Pixie Park and MAGC are provided on an “as is” basis and that the Released Parties do not provide any guarantee or warranty with respect to the suitability or safety of the Premises, events or activities for any purpose or individual. I understand that there are unavoidable risks associated with participating in activities, events, or using the Premises and that these risks include bodily harm (including, without limitation, death) and property damage and/or loss. I understand that by participating in the activities, events, or using the Premises I expressly assume and accept any and all risks of injury or death on behalf of myself and my minor child(ren.) 3. I understand that supervision is not provided at Pixie Park or at MAGC and that children must be accompanied and supervised by a responsible adult at all times. Supervision may include accompanying and supervising children at Pixie Park/MAGC by guardians, other relatives, babysitters, nannies, au pairs, a friend’s parent, or other person serving in a supervisory capacity during my child(ren)’s use of the Premises or participation in the activities or events (collectively referred to as “Caretakers.”) 4. I expressly agree to indemnify, defend and hold the Released Parties harmless from any and all claims, known or unknown, accrued or unaccrued, for any personal injuries, death, liability, property damage or any other injuries or damages of any kind whatsoever resulting from, arising out of, or connected to any individuals use of the Premises under my membership agreement including any Caretaker or any guest (whether an adult or minor child) invited by me or acting on my or my child(ren)’s behalf who is present at or using the Premises or engaging in the events or activities at my request, with my permission or consent, or on my behalf, including any liabilities, in whole or in part, by the negligent act or omission of any of the Released Parties. My agreement to indemnify, defend and hold the Released Parties harmless in this paragraph expressly applies to any other member using the Premises under my membership agreement. 5. I understand and agree that the waiver and release provided in this agreement is a full and general waiver and release of all such claims, rights, demands, action and obligations that are presently known, anticipated or disclosed to me, as well as such claims, rights, demands, actions and obligations which are presently unknown, unanticipated, or undisclosed to me. I hereby waive, on behalf of myself and my minor child(ren) any and all rights or benefits which I may now have, or may in the future have, under any applicable state law that limits the scope of a general release as to unknown claims. I specifically waive the provisions of California Civil Code Section 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.” I hereby confirm that I have read Civil Code section 1542, understand the effect of waiving Civil Code Section 1542, and hereby waive the provisions of Section 1542 knowingly, intentionally, freely, and unconditionally. I understand that I have the right and have had the opportunity to discuss the effect of the terms of this waiver, including Civil Code Section 1542 with my personal legal counsel, if desired. 6. If any provision, or any part of any provision of this agreement is, for any reason, held to be invalid, unenforceable, or contrary to any public policy, law, statute or regulation, then the remainder of this agreement shall not be affected thereby, and shall remain valid and fully enforceable. I hereby acknowledge and represent to Pixie Parents that I have carefully read and fully understand the terms of this agreement, and understand that I have limited my rights to pursue a claim against any of the Released Parties by signing this document. I further represent that I am signing this agreement freely and voluntarily.