2024 Irvington Home Tour Liability Waiver

My attendance at the tour and my signature on the ticket pickup list indicates agreement with these terms and acknowledges that I have been giving the opportunity to read the liability waiver in full.

In consideration of participating in activities, including without limitation Activities involving walking on sidewalks and streets throughout the Irvington neighborhood located in Portland, Oregon, as well as in homes and on homeowners’ properties, on Sunday, May 19, 2024. (the "Activities") during a home tour orchestrated by the Irvington Community Association, an Oregon non- profit corporation, with an address of P.O. Box 12102, 97212 (the "Association") and for other good and valuable consideration, the receipt of which is acknowledged, the participant and the participant’s party, if more than one, (the "Participant(s)") has freely and voluntarily signed a Liability Waiver referencing this waiver and agrees to the terms and conditions set forth herein. As used herein, the term "Releasees" means and includes all the following: the Association and its affiliates and their respective volunteers, members, officers, successors and assigns and all other participants (collectively, the "Releasees").

The Participant(s) understands the nature of the Activities and represents that the Participant(s) are (i) in good health and in proper mental and physical condition to participate in the Activities, and (ii) not subject to any mental or physical health limitations that would prevent the Participant(s) from safely engaging in the Activities. The Participant(s) acknowledge and agree that if the Participant(s) believe conditions are unsafe, the Participant(s) will immediately discontinue participation in such Activities. The Participant(s) shall observe and obey all posted rules, warnings and oral instructions.

The Participant(s) fully understand that (i) the Activities involve risks; (ii) there may be other risks either not known to the Participant(s) or not readily foreseeable at this time; and (iii) the Participant(s) fully accept and assume all such risks and all responsibility for injuries, losses, costs, and damages that may be incurred as a result of participation in the Activities.

The Participant(s) and each of their heirs, assigns and next of kin, hereby freely waives any and all rights and releases the Releasees from any and all losses, damages, claims, demands, charges, liabilities, actions, causes of action, and suits, of every name and nature, arising out of any illness or injury of any kind, to the Participant(s).

The Participant(s) and each of their heirs, assigns and next of kin, agree that execution of this Liability Waiver constitutes (i) an unqualified assumption of all risks associated with the Activities; (ii) a full and final release, waiver and discharge of liability of the Releasees; (iii) an understanding not to sue the Releasees for any loss, cost or damage arising from the Activities; and (iv) an agreement to defend, indemnify and save harmless the Releasees from any litigation expense, legal fees, liability, damage, award or cost of any type that the Releasees may incur due to any claim made against any of the Releasees. The Participant(s) shall be liable for all costs associated with any damage to equipment or facilities caused as a result of the actions, neglect or recklessness of the Participant(s).

The Participant(s) agree to be financially responsible and acknowledge that there can be no reimbursement for any type of out-of-pocket expenses, including but not limited to, health insurance deductibles, transportation charges, hospital charges, physician office charges, diagnostic tests or procedures, treatments, including but not limited to, surgery, medications, crutches, slings, bandages or physical therapy.

The Participant(s) release permission for use of the Participant(s)’ image for promotional material including brochures, advertisements, videos or websites.

This Liability Waiver is governed by the laws of the State of Oregon. If any provisions of this Liability Waiver are held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.