I am eighteen (18) years of age or older, or have acquired the written consent of my parent or guardian to participate in the Bulk Rain Barrel Distribution Program (“the Program”), planned to be hosted in San Mateo County in the following jurisdictions and on the specified days: City of Daly City (November, 12, 2022), City of Millbrae (19, November, 2022), City of Redwood City (3, December, 2022), and City of San Mateo (10, December, 2022), hereafter referred to collectively as “Cities.”

I specifically acknowledge that I am not engaging in the Event as an officer, employee, agent, or representative of any of the Cities, RainWater Solutions (RWS), the City/County Association of Governments of San Mateo County (C/CAG) or its contractors.

I agree that I will review the specifications and instructions from RWS before installation and use of the Rain Barrel and accompanying equipment (“Equipment”). I agree to install the Equipment per RWS’s instructions and only use the Equipment for its stated purpose. I agree to follow and adhere to the requirements of C/CAG’s Rain Barrel Rebate Program regarding the use and installation of rain barrels and pertaining to the terms and conditions of the rebate program, provided at https://www.flowstobay.org/bulk-rain-barrel-program, if I apply for a rebate. I accept the Equipment in its “as is” condition.

I understand that it is my responsibility to contact and communicate with RWS via email at info@rainwatersolutions.com or phone at 919.835.1699 regarding any issues arising under any Equipment warranty provided by RWS, and that the Cities and C/CAG have no responsibility for the RWS Equipment warranty or process.

I am fully aware of the possible hazards associated with the Program, including but not limited to my real and personal property such as my home, vehicle, personal tools and equipment, equipment malfunction, and operator error, and I am aware that in participating I may incur property damage and/or personal injury, including but not limited to, complications due to illness from exposure to communicable diseases such as COVID-19.

I agree to assume all risk associated with the activity. In consideration of my participation in the Program, I hereby waive, discharge, and release, for myself, my heirs, executors and administrators, the Cities and C/CAG , their officers, employees, agents, and volunteers from any and all claims of damages for death, personal injury or property damage arising out of or connected in any way with my participation in the Event, even though that liability may arise out of the negligence, including gross negligence, or carelessness on the part of the Cities, C/CAG, and any person(s) mentioned above. Such release includes, but is not limited to, any injury or damage that arises from or is related to transportation to and from any Program.

I understand that, but for this release, the Cities and C/CAG would not allow me to participate in the Program. I understand that even after I sign this release, the Cities and C/CAG are not obligated to permit me to participate in the Program.

I, on behalf of myself and my heirs, successors and assigns, agree to hold harmless, indemnify and defend the Cities and C/CAG from any and all claims, damages, judgments, demands, rights and causes of action of any kind may arise from or are in any way connected to my participation in the Event. No known physical or health limitation prevents me from safely participating in this Event. In consideration for my participation, I personally assume all risks, whether foreseen or unforeseen, of any harm, injury, or damage that may befall me as a participant.

I agree to allow my image to be used in published materials and websites that promote the programs of the Cities and C/CAG. I further agree that the release of liability and indemnity described in this document applies to the use of my image.

I agree to comply with all federal, state and local regulations while participating in the Event, including but not limited to, any and all state and county health orders related to the COVID-19 pandemic.

No promise, inducement or agreement has been made to me to induce me to release the Cities or C/CAG from liability for any personal injury, death or property damage incurred by me as a result of my participation in the Program, nor has any promise, inducement, or agreement been made to me in return for the express waiver of rights referred to above.

By submitting this form, the Program participant confirms having read the below release of liability, understood it and agreed to its terms. If the Program participant is under 18 years of age, this agreement must be approved by a parent or guardian