A. Waiver of Liability and Hold Harmless Agreement
Release and Waiver. In consideration for receiving permission to become a member of The Orange County Asperger’s Support Group (“OCASG”) and participate in any event, activity or program (hereinafter collectively referred to as “Function”), whether directly or indirectly hosted, sponsored, or in any way affiliated with OCASG, including by way of referral, marketing, or online social networking, I hereby release, waive, discharge and covenant not to sue OCASG and its officers, board members, employees, volunteers, agents, affiliates and representatives, as well as their respective successors and assigns (hereinafter collectively referred to as “Releasees”) from any and all liabilities, claims, demands, actions and causes of action whatsoever, either in law or equity, arising out of or relating to any loss, damage or injury, including but not limited to death, that may be sustained by me, or to any of my property, whether caused by the negligence of the Releasees or otherwise, in connection with a Function, or while in, on or upon the premises where the Function is being held, while in transit to or from the Function, or in any place or places connected with the Function.
I also understand that OCASG does not assume any responsibility for, or obligation to provide, financial or other assistance, including but not limited to medical or disability insurance in the event of injury or illness to me or any other members. Each member who participates in a Function is expected to carry effective health insurance coverage.
Assumption of Risk. I am fully aware that participation in a Function may pose certain risks and hazards, some of which may be unknown to me, and I understand that my participation in any Function is wholly voluntary. I accept that at times the conditions associated with a Function may be hazardous, or may become hazardous or dangerous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including but not limited to death, that may be sustained by me, or any loss or damage to any of my property, as a result of my participating in the Function, whether caused by the negligence of the Releasees, by other participants or otherwise.
Indemnification. I further hereby agree to indemnify, defend, save and hold harmless the Releasees and each of them, from any losses, liabilities, damages, expenses or costs they may incur due to my participation in a Function or my presence on the premises where the Function is being held, whether caused by the negligence of the Releasees or otherwise, and to reimburse the Releasees for any such amounts incurred.
Waiver of California Civil Code Section 1542. I acknowledge that I have been advised regarding the effect of California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
I, HAVING BEEN SO ADVISED, HEREBY EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
Guardian Membership. In the case of minor member applicants, a parent or legal guardian must assume membership in OCASG at the same time the minor member joins the organization and is subject to all OCASG policies and procedures to the same extent as the minor member applicant. This Release must be signed by both the minor member applicant and parent or legal guardian applicant. A single form may be signed by both parties.
Other. I expressly agree that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of California, and that this agreement shall be governed by and interpreted in accordance with the laws of the State of California. I agree that in the event that any provision herein is deemed invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this agreement, which remaining provisions shall continue to be enforceable.
Application. It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be deemed as a release, waiver, discharge and covenant not to sue the Releasees.
Acknowledgment of Understanding. I have read this Release, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Release freely and voluntarily, and intend it to function as a complete and unconditional release of all liability to the greatest extent allowed by law.
B. Code of Conduct
The Orange County Asperger’s Support Group (OCASG) serves parents, families and adults dealing with Asperger’s Syndrome, High-Functioning Autism (HFA) and PDD-NOS. We are a volunteer-based organization dedicated to providing hope, education, parent advocacy and adult self-advocacy for this community. We are committed to improving communication, understanding and acceptance between the Asperger’s and neurologically typical populations, and to ultimately improving the quality of life for all. As such, we expect our members to be responsible, decent people, who exhibit the Golden Rule in their actions and deeds – always respecting the rights of others. Participation in the organization’s programs is subject to the observance of the organization’s rules and procedures.
Our Code of Conduct ensures that all who attend an OCASG event or meeting enjoy a safe, welcoming and comfortable environment. And we’re certain that each of you will do what’s needed to create this tone at all group functions.
If you attend our events, we expect you to behave in a manner that upholds the basic principles of honesty, respect, kindness and compassion. Simply, treat others as you’d want to be treated in the same or a similar situation. This includes refraining from behavior that falls below a generally accepted standard of conduct.
The activities outlined below are strictly prohibited. Any participant who violates this Code while attending an OCASG event or activity, or participating in online discussions on an OCASG website, is subject to discipline, up to and including removal from the group.
· Discourtesy or rudeness to a fellow participant, member or volunteer.
· Abusive or vulgar language toward a member, volunteer or another participant – in person or online.
· Bullying or taking unfair advantage of any participant, for ex. harassing or intimidating by words, gestures, body language or any other menacing behavior.
· Verbal, mental, physical or visual harassment of another participant, member or volunteer.
· Actual or threatened violence toward any individual or group – in person or online.
· Conduct endangering the life, safety, health or well-being of others.
· Failing to cooperate with a leader/host/adult supervisor.
· Making physical contact with another person in an angry or threatening manner.
· Engaging in sexual activity or contact with another person.
· Stealing or behavior that results in the destruction of property.
· Smoking. All facilities offer a smoke-free environment.
· Possession or use of alcoholic beverages [unless member is of age and at an event that serves alcohol] or illegal drugs, or arriving at an event or activity while under the influence of drugs or alcohol.
· Bringing to an OCASG event dangerous or unauthorized materials such as explosives, firearms, weapons or other similar items.
· Any other conduct of an inappropriate, threatening or offensive nature.
We always strive to be fair and objective in our advice and actions, and we are never influenced in our decisions, actions or recommendations by issues of gender, race, creed or color.
As a member, we encourage you to be responsible for your own personal comfort and safety. In the rare instance that someone’s behavior threatens you, please ask that person to refrain from the behavior, and feel free to immediately report the behavior to a host, leader or Board member if you feel uncomfortable confronting the person. We will investigate any reported incident and suspension or termination of the membership privileges may result if it’s determined that a violation of the code of conduct occurred. Thank you for your cooperation!
I have read and I understand the OCASG’s Code of Conduct. I agree to abide by the rules described above and understand that I may be removed as a participant if I violate any of these rules.