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CONASUPO
FOOD ASSISTANCE PARTICIPATION WAIVER & RELEASE OF LIABILITY
Effective January 1, 2026
This Food Assistance Participation Waiver and Release of Liability (“Agreement”) is entered into by the individual receiving food assistance (“Participant”) in favor of CONASUPO, a California nonprofit public benefit corporation (“CONASUPO”).
By attending a distribution event, receiving food, or electronically acknowledging this Agreement, Participant agrees to the following terms:
1. Voluntary Participation
Participation in the CONASUPO Food Assistance Program is voluntary. Participant understands that attendance at distribution sites involves inherent risks.
2. Assumption of Risk
Participant knowingly and voluntarily assumes all risks, known and unknown, associated with participation, including but not limited to:
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Vehicle traffic and drive-through distribution lines
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Lifting, carrying, or loading food items
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Uneven pavement, curbs, or outdoor surfaces
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Weather conditions (heat, cold, rain, wind)
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Interaction with other participants
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Handling of perishable, frozen, repackaged, bulk, or near-date food items
Participant accepts full responsibility for supervising any minors accompanying them.
3. Release and Waiver of Liability
To the fullest extent permitted by law, Participant releases, waives, discharges, and holds harmless CONASUPO and its officers, directors, employees, volunteers, agents, contractors, affiliates, and representatives from any and all claims, liabilities, damages, losses, or expenses arising out of or related to:
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Attendance at a distribution site
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Receipt or use of distributed items
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Personal injury, illness, property damage, or loss
This release applies to all claims, including those based on negligence, except for claims arising from gross negligence or willful misconduct.
4. California Civil Code §1542 Waiver
Participant expressly waives the provisions of California Civil Code Section 1542, which states:
“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.”
Participant understands and agrees that this waiver extends to unknown or unsuspected claims.
5. Food Condition Disclaimer
Participant acknowledges that food and other items distributed may include:
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Perishable goods
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Frozen or previously frozen items
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Near expiration or manufacturer-dated items
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Donated or surplus goods
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Bulk or repackaged products
All items are distributed “AS IS” without warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.
Participant assumes full responsibility for proper storage, preparation, and consumption once items leave the distribution site.
6. Prohibition on Sale, Barter, or Redistribution
Food and other items distributed through the CONASUPO Food Assistance Program are provided solely for personal household consumption.
Participant expressly agrees that distributed items:
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Shall not be sold
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Shall not be bartered or traded
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Shall not be exchanged for goods, services, or money
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Shall not be redistributed for commercial or fundraising purposes
Any attempt to sell, barter, trade, or commercially redistribute distributed items constitutes a material violation of this Agreement.
CONASUPO reserves the right to:
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Disqualify Participant from future assistance
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Recover distributed items where permitted by law
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Report suspected misuse to appropriate authorities if required
Participant acknowledges that misuse of distributed items undermines donor trust and jeopardizes program sustainability.
7. Indemnification
Participant agrees to indemnify and hold harmless CONASUPO from any claims, damages, or liabilities resulting from:
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Misuse or resale of distributed items
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Participant’s conduct at distribution sites
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Damage caused by Participant’s vehicle
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Claims brought by third parties related to Participant’s actions
8. Emergency Medical Authorization
In the event of a medical emergency, Participant authorizes CONASUPO representatives to contact emergency services.
Participant assumes full responsibility for any medical costs incurred.
9. Media Release
Participant grants CONASUPO irrevocable permission to photograph, record, and use images or video taken in public distribution areas for:
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Reporting
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Marketing and outreach
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Grant compliance documentation
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Educational purposes
Participant waives any right to inspect or approve the finished product and releases CONASUPO from claims arising from use of such media.
If Participant brings a minor, Participant represents they have legal authority to consent on behalf of the minor.
10. Force Majeure
CONASUPO reserves the right to modify, postpone, or cancel distribution events due to circumstances beyond its control, including weather, supply chain disruption, public safety concerns, or government orders.
11. Governing Law & Arbitration
This Agreement shall be governed by the laws of the State of California.
Any dispute arising from participation shall be resolved by binding arbitration administered by the American Arbitration Association in Los Angeles County, California.
Participant waives the right to a jury trial and agrees that arbitration shall be conducted on an individual basis only, not as a class action.
12. Severability
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
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CONASUPO
Effective January 1, 2026