ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY

This Release and Waiver of Liability and Assumption of Risk (the “release”) executed on           (date) by                                    (“Recipient”) releases Wishing Well Inc. d/b/a/ Freemeals, a nonprofit corporation organized and existing under the laws of the State of California and each of its directors, officers, employees, and agents.

Release of Liability: The consumption of food from food providers carries with it some inherent risks.  Therefore, in return for participating in the FreeMeals program and receiving a free meal from Partner Restaurants (the “FreeMeals Program”), the undersigned Recipient releases and agrees not to sue FreeMeals or its officers, directors, employees, sub-contractors, sponsors, agents, Partners Restaurants and affiliates ( “FreeMeals”) from all present and future claims that may be made by Recipient arising as a result of Recipient’s participation in the FreeMeals Program.

Assumption of Risk: In consideration of the above, Recipient assume all risks associated with acceptance of food product supplied under the FreeMeals Program by third party restaurants or caterers to Freemeals (the “Partner Restaurants”) including matters of health and safety associated thereof.

Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgement of Understanding: I have read this waiver of liability and assumption of risk agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability as relates to this Agreement to the greatest extent allowed by law.

Date:                                                             Name                                                            

1. The consumption of food from food providers carries with it some inherent risks.  There is a potential risk of exposure to injury to persons, and I acknowledge that Freemeals Organizations, Inc. (“Freemeals”), its volunteers, third party meal providers, including restaurants and caterers, officers, employees, agents, successors and assigns, will not be held liable in the event that a reaction occurs.  Further, I agree that Freemeals, its volunteers, third party meal providers, including restaurants and caterers, officers, employees, agents, successors and assigns, are not liable for any future reactions from ingesting species of plants or fungi that were introduced on this outing.
2. Assumption of Risk and Waiver of Liability: In consideration of the above, I/we, assume all risks associated with acceptance of food product supplied under this Agreement by third party restaurants or caterers to Freemeals including matters of health and safety associated thereof.
3. Release: I/we do hereby release, waiver, discharge, and covenant not to sue Freemeals, their respective volunteers, third party meal providers, including restaurants and caterers, officers, employees, agents, successors and assigns from liability from any and all claims including the negligence of Freemeals, their respective volunteers, third party meal providers, including restaurants and caterers, officers, employees and agents, resulting in personal injury, accident, or illness, including illness, death, injury, and property loss arising from any and all food products provided under this Agreement.
4. Indemnification and Hold Harmless: I agree to indemnify and hold Freemeals and their respective volunteers, third party meal providers, including restaurants and caterers, officers, employees and agents harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result in my negligence in the preparation or delivery of food products served under this Agreement and to reimburse them for any such expenses incurred.
5. Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
6. Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability as relates to this Agreement to the greatest extent allowed by law.

With a full understanding of this agreement, I nevertheless enter into it freely and voluntarily and agree that it is binding upon me, my child, my heirs, assigns, my legal representatives, and the user of the pass.

Date:                                                              Name