TIP FIRST ANNUAL HOOK & HAUL – October 4, 2025
Volunteer Waiver, Assumption of Risk and Release Agreement

In consideration of the opportunity to serve as a volunteer helper at the TIP First Annual Hook & Haul (the “Event”), the undersigned Volunteer (“Volunteer”) agrees, understands, and acknowledges the following: Volunteer understands that while their role does not involve participation in the physical activities or athletic elements of the Event, the Event environment may still involve certain inherent risks. These risks may include, but are not limited to, slips, trips, falls, exposure to outdoor elements, contact with event participants, and other unforeseen occurrences associated with public events. Volunteer voluntarily assumes any and all such risks and agrees to act with reasonable care while assisting with Event activities. Volunteer affirms that they are physically able to perform the duties assigned to them, which may include standing for extended periods, assisting with set-up or clean-up, providing information to attendees, or supporting staff and participants in non-physical ways. Volunteer agrees to follow all safety guidelines and instructions provided by Event organizers and understands that they may be reassigned or asked to step away from duties if safety becomes a concern.

Volunteer understands and agrees that tasks and responsibilities will be assigned by Event organizers based on the needs of the event. Volunteer agrees to carry out the assigned duties to the best of their ability and will not exchange tasks with another volunteer or assume responsibilities outside of those assigned, unless expressly approved by an Event organizer. Volunteer further agrees to communicate any concerns or questions about their assignment directly to the designated Event coordinator.

Volunteer agrees, on his/her/their own behalf and on behalf of Volunteer’s heirs, estate, successors and assigns, to indemnify and hold harmless Trauma Intervention Programs of San Diego, County, Inc. (TIP) and all landowners, producers, sponsors, co-sponsors, advertisers, organizers, material suppliers, volunteers and/or contractors of any of the Event in which Volunteer may participate, and all employees, principals, directors, shareholders, agents, members, managers, affiliates, representatives, attorneys and insurers of each of the foregoing (collectively, the “Released Parties”) against, any lawsuits, demands, claims, or expenses (including attorneys’ fees and legal costs), arising from or in any manner related to Volunteer’s participation in the Event; and to the fullest extent permitted by law, Volunteer fully and forever waives, releases, discharges and covenants not to sue Released Parties for and from any and all demands, claims, actions, suits, damages, losses, liabilities, costs and expenses arising, directly or indirectly, in related to, in connection with or relating to Volunteer’s participation in the Event from any cause whatsoever (including, but not limited to, damage or loss of property, bodily injuries, medical treatment and death), whether or not foreseeable or contributed to by the negligent acts or omissions of others.

Volunteer acknowledges that the RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EVENT and agrees that the Released Parties will not, under any circumstance, be liable for consequential, indirect, general, special or similar damages. Volunteer acknowledges this release and waiver of liability agreement will be used by the Release Parties. It governs the legal rights and responsibilities of both Volunteer and the Released Parties.

Further, Volunteer hereby grants to Trauma Intervention Programs of San Diego County, Inc. (TIP) the worldwide right in perpetuity to use and publish Volunteer’s name, Volunteer’s likeness, Volunteer’s voice, and/or Volunteer’s picture, singly or as part of composite or reproductions, in color or otherwise, in any medium now known or in the future devised, including but not limited to, broadcast, telecast, advertising, promotion, or other account of the Event in any form and for any purpose, without compensation or approval.

Trauma Intervention Programs of San Diego County, Inc. (TIP) reserves the right to reject any entry, and further reserves the right to change the details of the Event without prior notice.

Volunteer consents to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, Volunteer requires medical care. It is understood and agreed that Volunteer hereby assumes all liability for any and all medical expenses incurred as a result of training for and/or participation in the Event, including but not limited to ambulance transport, hospital stays, physician and pharmaceutical goods and services.

This Waiver and Release Agreement constitutes the entire agreement related to the subject matter hereof, and supersedes any prior or contemporaneous agreement, understandings or negotiations, with respect to the subject matter hereof. This Agreement may not be amended or modified, by course of conduct or otherwise.

Any controversy, dispute or claim arising out of, in connection with, or in relation to the Event and / or the interpretation, performance or alleged breach of this Waiver and Release Agreement shall be determined exclusively by binding arbitration before a single arbitrator to be held in San Diego, California, before the Judicial Arbitration & Mediation Services, Inc. (JAMS) upon the written request of any party. The arbitration shall be conducted in accordance with the JAMS rules then in effect. Any party seeking to invoke the provisions of this Section shall transmit a written demand for arbitration to the other party (the "Written Demand") by sending an email to events@tipsandiego.org. The Written Demand shall set forth the nature of the dispute, the amount involved, and the remedy sought. The arbitrator shall have the authority to set the nature and scope of discovery. The decision of the arbitrator shall contain a written statement of reasons and support. The decision of the arbitrator shall be final and may be entered in any court of competent jurisdiction. Under no circumstances may the arbitrator amend any provision of this Waiver and Release Agreement or make any award of punitive damages. The arbitrator shall apply California law. Volunteer acknowledges, agrees and understands that in agreeing to arbitration as set forth herein, he/she/they is waiving any right to trial by jury.

Volunteer warrants that all statements made herein are true and correct and understand that Released Parties have relied on them in allowing Volunteer to participate in the Event.

VOLUNTEER HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY SIGNS THIS WAIVER AND RELEASE AGREEMENT, AND UNDERSTANDS THAT VOLUNTEER IS ASSUMING THE RISK OF, AND RELEASING AND HOLDING HARMLESS THE RELEASED PARTIES IN CONNECTION WITH VOLUNTEER’S PARTICIPATION IN THE EVENT.IF VOLUNTEER IS UNDER AGE 18 HIS/HER/THEIR PARENT OR GUARDIAN MUST SIGN THIS RELEASE AND WAIVER AGREEMENT.

Volunteer’s Parent or Guardian’s signature below certifies that Volunteer’s son/daughter/ward has permission to participate in the Event. Volunteer’s Parent/Guardian has read and understands the foregoing WAIVER AND RELEASE AGREEMENT (above) and by signing intentionally and voluntarily agrees to its terms and conditions. Volunteer’s Parent/Guardian further certifies that such son/daughter/ward is in good physical condition and is able to safely participate in the Event. Volunteer’s Parent/Guardian hereby authorizes medical treatment for such son/daughter and grants access to such child’s medical records as necessary and as stated above.