DC Bird Alliance

DC BIRD ALLIANCE

BIRDING EXPERIENCE PARTICIPANT RELEASE AND WAIVER OF LIABILITY

This Birding Experience Participant Release and Waiver of Liability (this "Release") is executed as of the date hereof by participant ("I" or "me") in favor of The DC Bird Alliance, a not-for-profit corporation organized and existing under the laws of the District of Columbia, and its members, directors, officers, employees, volunteers, and agents (collectively, the "Organization").

I desire to participate and engage in activities of the Organization related to birding experiences (the "Activities"). I understand that the Activities may include, but are not limited to, engaging in guided outdoor birding activities, including walking on paved and unpaved trails, standing for extended periods, using binoculars or other viewing equipment, and observing wildlife in natural settings. Activities may take place in parks, urban green spaces, or other outdoor environments and may involve uneven terrain, changes in elevation, and varying weather conditions. Participants may also gather in groups for instruction, discussion, or observation, and may occasionally participate in stationary birding activities such as seated viewing.

I hereby freely, voluntarily, and without duress execute this Release and agree to the following terms:

1.               Compliance with Policies. I hereby agree to comply with the applicable policies and procedures, and safety rules of the Organization, and will follow the Organization's instructions in participating in the Activities.

2.               Assumption of Risk. I hereby acknowledge that I am voluntarily participating in the Activities. I hereby expressly and specifically assume any and all risk of injury, harm, or loss that I may incur as a result of my participation in the Activities.

3.               Medical Treatment. I hereby give consent and authority to the Organization to obtain medical treatment on my behalf if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless the Organization from any claim whatsoever in connection with such treatment or other medical services.

4.               Release and Waiver. I hereby irrevocably release and discharge the Organization from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, that may arise from my participation in the Activities. I hereby agree not to make or bring any such claim or demand against the Organization, and fully and forever release and discharge the Organization from liability under such claims or demands.

I UNDERSTAND THAT THIS RELEASE FULLY AND FOREVER IRREVOCABLY RELEASES AND DISCHARGES THE ORGANIZATION FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THE ORGANIZATION INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE ORGANIZATION OR OTHERWISE.

5.               Insurance. I understand that the Organization does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance of any nature in the event of my injury, illness, or death, or damage to or loss of my property.

6.               Photographic Release. I understand and hereby agree that during the Activities, I may be photographed and/or videotaped by the Organization for internal and/or promotional use. I hereby grant and convey to the Organization all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to the Organization's use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without compensation or permission.

7.               Miscellaneous. I hereby agree that this Release represents the full understanding and agreement between the Organization and me and supersedes all other agreements, understandings, representations, and warranties, both written and oral, between us, with respect to the subject matter hereof. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of the Organization and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Release.

8.               Governing Law. I hereby agree that this Release is intended to be as broad and inclusive as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the District of Columbia, without reference to any choice of law doctrine.