In consideration of membership in the Modesto Vets RC Club (“MVRCC”), Charter # 5229 of the Academy of Model Aeronautics (“AMA”), the undersigned (“MEMBER”) and the parent or legal guardian of MEMBER, if MEMBER is a minor, for themselves, their personal representatives, heirs, executors, next of kin, spouses, minor children and assigns, do agree as follows:
- DEFINITIONS – the following definitions apply to the terms used in this Agreement:
- “PARTICIPATION IN THE CLUB” means participation in any activities of the MVRCC, including, but not limited to attending and/or participating in any activities at the MVRCC Crows Landing Airfield, engaging in model airplane activities with other MVRCC members, and attending and/or participating in any MVRCC sponsored activities.
- “INJURIES” means personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by MEMBER as a result of member’s PARTICIPATION IN THE CLUB and/or as a result of the administration of any MVRCC programs. If MEMBER is under 18 years of age, the term “Club Related Injuries” means personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by MEMBER as well as personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by MEMBER’s parents or legal guardians, as a result of MEMBER’s PARTICIPATION IN THE CLUB and/or as a result of the administration of any MVRCC programs.
- “RELEASED PARTIES” means the following, including their affiliate or subsidiary organizations, officers, directors, agents, employees, officials (elected or otherwise), lessors, lessees, and volunteer workers:
- Modesto Vets RC Club, a non profit business entity, also known as the Crows Landing Club, being charter number 5229 of the Academy of Model Aeronautics.
- Stanislaus County
- I FOREVER RELEASE AND DISCHARGE the RELEASED PARTIES from any and all liabilities, claims, demands, or causes of action that I may hereafter have for INJURIES, however caused, even if caused by the negligence (whether active or passive) of any of the RELEASED PARTIES, to the fullest extent allowed by law.
- I WILL NOT SUE OR MAKE A CLAIM against any of the RELEASED PARTIES for loss or damage on account of INJURIES. If I violate this agreement by filing such a suit or making such a claim, I will pay all attorneys’ fees and costs of the RELEASED PARTIES.
- I WILL INDEMNIFY, HOLD HARMLESS AND REIMBURSE the RELEASED PARTIES from any loss, liability, damage, attorney’s fees, or costs that they may incur due to the MEMBER’s presence in, upon or about the MVRCC or in any way observing, or using any facilities or equipment of the MVRCC, or due in whole or in part to any actions of the MEMBER’s, whether caused to any extent by the negligence or the RELEASED PARTIES or otherwise.
- I HEREBY ASSUME FULL RESPONSIBILITY AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of the RELEASED PARTIES to the full extent allowed by law.
- I AGREE THAT this Agreement shall be governed by and construed in accordance with the laws of the State of California.
- SEVERABILITY If any part, article, paragraph, sentence or clause of this Agreement is not enforceable, the affected provision shall be changed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.
- I REPRESENT THAT MEMBER is at least 18 years of age, or, that I am the parent or legal guardian of MEMBER and am making this agreement on behalf of myself and MEMBER. If I am the parent or legal guardian of MEMBER, I AGREE TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES for their defense and indemnity from any claim or liability in the event that MEMBER suffers INJURIES as a result of MEMBER’s PARTICIPATION IN THE CLUB, even if caused in whole or in part by the negligence (whether active or passive) of any of the RELEASED PARTIES.