PFG-1217

pfg_1217.txt

UPDATE `pfg`.`events` SET `waiver` = '{\n    \"english\": {\n        \"body\": \"Date: ____________\\nEvent City: Palo Alto, CA\\nADULT RELEASE OF CLAIMS, HOLD HARMLESS AND INDEMNITY AGREEMENT; AND WAIVERS\\nIn Consideration of, and as a condition to being permitted to participate in the \'Palo Alto Festival of the Arts- Test Drive Experience\' (\'Event\'), the undersigned (\'Driver or Passenger\') for himself/herself, his/her personal representatives, heirs and next of kin, acknowledges, represents and agrees as follows:\\n1. Driver/Passenger Representations: Driver/Passenger represents and warrants that he/she:\\n   a) Possesses a currently valid driver\'s license, is 18 years of age or older, and is a citizen or legal resident of the United States;\\n   b) can see and hear well enough to operate and Ride along in a motor vehicle properly and safely on public roadways and in off-roadway driving and is wearing any eye wear or hearing apparatus required to operate a motor vehicle properly and safely;\\n   c) will operate or ride along in the vehicle in a safe manner, will properly wear seat belts while in a vehicle in operation, and will follow instructions, recommendations and cautions of the representatives of JD RMD GROUP, LLC (\'JD RMD GROUP\') and their vendors at all times;\\n   d) will not be under the influence of any alcohol or illegal drug; and\\n   e) will not be under the influence of any legal drug which would impair his/her ride along ability or ability to understand or comply with oral or written directions regarding the use of a vehicle, and does not have any physical or mental condition which would impair his or her ability to drive or ride along in the vehicle, nor does Driver/Passenger have any physical or mental condition which would make participation in a performance drive test an undue risk to Driver, other vehicle occupants, workers, spectators or vehicle.\\n2. The Driver/Passenger hereby acknowledges and agrees as follows:\\n   a) That he/she is duly aware of the risks and hazards inherent in participating in operating or riding as a passenger in a motorized vehicle and hereby elects to participate and voluntarily assumes all risk of loss, danger or injury, including death, that may be sustained by he/she or any loss or damage to any of his/her property. The Driver/Passenger further agrees and warrants that if at any time he/she is participating in any portion of the event which he/she deems or believes to be unsafe, that he/she will immediately advise the officials or operators of the event of such and will leave the area and discontinue participation in that portion of the event which he/she considers to be unsafe.THE DRIVER/PASSENGER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE ACTIVITIES INCLUDED IN PARTICIPATING IN THE EVENT ARE DANGEROUS AND INVOLVE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE;\\n   b) That he/she will only be permitted to participate in the Event if representatives of JD RMD GROUP, LLC or their contractors determine in their sole discretion that Driver/Passenger is in compliance with Event guidelines and the representatives\' instructions, and is not engaging in any activity which presents any additional danger to herself/himself or others participating in the Event; and\\n   c) That he/she is aware that in connection with the Event, JD RMD GROUP or Ford Dealers Advertising Association of Northern California (\'FDAANC\') may make video and/or audio recordings of Driver and other participants in the Event (the \'Videotape\'). Driver, Passenger, and other participants agrees to relinquish all rights, if any, that he/she may have related to and/or associated with the Videotape and acknowledges and agrees that all rights appertaining thereto, including any right, title and interest in or to any present or future copyrights related to the Videotape or any derivative works, as well as any still photos, audiotapes, advertisements, releases, or derivations associated with or related to the Videotape and the Event, shall belong exclusively and unconditionally to JD RMD GROUP and FDAANC and their successors and assigns without payment of any royalties, compensation, fees or consideration of any kind above and beyond the consideration described in the Waiver and Release. JD RMD GROUP and FDAANC shall, now and forever, have the exclusive right, title, and interest to use, edit, display, reproduce, sell, distribute, or otherwise disseminate the Videotape and any derivative works for any commercial or promotional or other purposes and in any manner that JD RMD GROUP or FDAANC (and its agents, publicists, and authorized persons or entities) desires.\\n3. Release by Driver/Passenger. Driver/Passenger hereby releases, waives, and discharges all claims and potential claims against, and covenants not to sue Ford Motor Company, Ford Dealers Advertising Association of Northern California, JD RMD GROUP, LLC, and Palo Alto Chamber and the City of Palo Alto,  each of their parent corporations, subsidiaries or affiliated entities and all of the respective officers, directors, shareholders, employees and agents of the foregoing and the facilities (the \'Released Parties\'), from and against any and all claims, causes of action, damages, demands, liens, rights, controversies, losses, costs and expenses (including, but not limited to, attorneys\' fees and costs), or charges of whatsoever nature, whether known or unknown, developed or undeveloped, suspected or unsuspected, fixed or contingent, past, present or future, including, without limitation, wrongful death and bodily injury, any injuries to property, real or personal, whether or not liability is alleged to arise from NEGLIGENCE OR OTHER TORTIOUS CONDUCT of Released Parties, or any of them (\'Claim\' or \'Claims\'), with respect to any damages, injuries or losses of any kind to the Driver/ Passenger or any vehicle or any property damage or loss or injury to any other party arising in connection with the Driver’s/Passenger\'s participation in this Event or of the Driver’s/Passenger\'s operation or use of the vehicle.\\n4. Release of Unknown or Unanticipated Claims. The Driver/Passenger further agrees and acknowledges that there is a risk that subsequent to the execution hereof, the Driver/Passenger will discover, incur or suffer Claims which were unknown or unanticipated at the time of execution, including without limitation, unknown or unanticipated Claims which arose from, are based upon, or are related to the Driver’s/Passenger\'s physical proximity to, or other connection with any vehicles, equipment, or other items made available by or through the Released Parties, which if known by the Driver/Passenger on the date of execution hereof may have materially affected the Driver’s/Passenger\'s decision to agree to this release.\\n5. Waiver of Cal. Civil Code § 1542. The Driver/Passenger acknowledges and agrees that by reason of the release contained above, the Driver/Passenger is assuming  all risk of bodily injury, death or property damage, and all other unknown and unanticipated Claims and agrees that the Driver’s/Passenger\'s release of Released Parties applies thereto. The Driver/Passenger expressly waives whatever benefits the Driver/Passenger may have under Section 1542 of the California Civil Code (or similar applicable law from another state), which reads 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. Thus, notwithstanding the provisions of California Civil Code Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, the Driver/Passenger expressly acknowledges that this release is intended to include in its effect, without limitation, all Claims which the Driver/Passenger does not know or suspect to exist in Driver’s/Passenger\'s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such Claim or Claims.\\n6. COVID-19 Acknowledgement. Driver/Passenger acknowledges the contagious nature of coronavirus disease 2019 (\'COVID-19\') and that applicable public health authorities recommend social distancing practices. Driver/Passenger further acknowledges that the Released Parties cannot guarantee that Attendee will not contract COVID-19 through participation in the Event. Driver/Passenger understands that the risk of becoming exposed to and/or infected by COVID-19 may result from the acts or omissions of Driver/Passenger, Event staff and others Event participants, and that such exposure may result in personal injury, illness, temporary or permanent disability, or even death. Driver/Passenger hereby voluntary elects to participate in the Event and acknowledges that Driver/Passenger is increasing Driver’s/Passenger’s risk of exposure to COVID-19. Driver/Passenger further acknowledges that Driver/Passenger must comply with all applicable procedures implemented at the Event to reduce the spread of COVID-19 while participating in the Event. In accordance with the foregoing, Driver/Passenger attests that:\\n   - Driver/Passenger is not experiencing any symptom of illness such as cough, shortness of breath or labored breathing, fever, chills, muscle pain, headache, sore throat, or new loss of taste or smell.\\n   - Driver/Passenger has not traveled internationally within the last 14 days.\\n   - Driver/Passenger has not traveled to an area highly impacted by COVID-19 within the U.S. within the last 14 days.\\n   - To the best of Driver’s/Passenger’s knowledge, Driver/Passenger has not been exposed to someone with a suspected and/or confirmed case of COVID-19.\\n   - Driver/Passenger has not been diagnosed with COVID-19 and not yet cleared as noncontagious by state or local public health authorities.\\n7. Miscellaneous. Driver/Passenger acknowledges that this waiver and release agreement and the releases contained herein are given in exchange for good and valuable consideration. Further, this agreement reflects the entire agreement, and no statements, promises or inducements made by FDAANC and FMC or its/their respective directors, officers, employees, agents, and representatives that are not contained herein shall be valid or binding. If any provision in this agreement is held invalid or unenforceable, in whole or in part, by a court of competent jurisdiction, the remainder of the provisions or enforceable parts of this agreement shall not be affected, and shall be enforced to the fullest extent permitted by law. This agreement shall be governed by the laws of the state of California. Ambiguities herein shall not be construed against the drafter. Driver/Passenger further expressly agrees that the foregoing release and waiver is intended to be as broad and inclusive as is permitted by applicable law, and, if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.\\nDRIVER/PASSENGER CONDUCT REQUIREMENTS FOREVENT PARTICIPATION\\nI, the UNDERSIGNED, further agree that, as a condition of participation the EVENT, I will…\\n   1. …not drive a vehicle at the EVENT while impaired by alcohol, drugs, medication, illness, fatigue, or injury.\\n   2. …not drive a vehicle at the EVENT if any physical or medical condition exists that may be aggravated by my participation in, or that may impair my ability to participate in, the EVENT.\\n   3. …properly wear my safety belt at all times while in a vehicle at the EVENT.\\n   4.…obey all applicable motor vehicle laws, codes, and regulations.\\n   5. …follow all instructions and rules posted at the EVENT or provided by EVENT officials.\\n   6. …allow Pro-driver to drive in a defensive manner, anticipating situations where incidents are likely to occur.\\nFurthermore, I verify that I have not been convicted within the past 36 months of any of the following motor vehicle violations:\\n   1. Driving while operator\'s license is suspended, revoked, or denied.\\n   2. Vehicular manslaughter, negligent homicide, felonious driving or felony with a vehicle.\\n   3. Operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing a sobriety test.\\n   4. Failure to stop or identify under a crash (includes leaving the scene of a crash; hit and run; giving false information to an officer).\\n   5. Eluding or attempting to elude a law enforcement officer.\\n   6. Traffic violation resulting in death or serious injury.\\n   7. Any other significant violation warranting suspension of license.\\nI HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE AGREEMENT AND VOLUNTARILY SIGN IT, AND FURTHER ACKNOWLEDGE AND AGREE THAT NO OTHER ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS OR PROMISES HAVE BEEN MADE BY FMC, FDAANC OR JD RMD GROUP, LLC OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES THAT ARE NOT CONTAINED HEREIN, AND THAT NO SUCH FUTURE STATEMENTS SHALL BE VALID OR BINDING UNLESS MADE IN WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE, AND THAT I HAVE BEEN OFFERED THE OPPORTUNITY NOT TO PARTICIPATE IN THE PROGRAM IF I DO NOT AGREE\\n\\nLAST NAME (PLEASE PRINT)____________ FIRST NAME____________ PHONE NUMBER____________ ADDRESS____________ CITY____________ STATE______ ZIP CODE______ VALID DRIVER’S LICENSE NUMBER____________ STATE______ EXPIRATION DATE____________ EMAIL____________ SIGNATURE (I have read this release)____________ DATE____________\",\n        \"title\": \"Ford Test Drive Waiver\"\n    }\n}' WHERE (`event_id` = '701289');