Connected City LLC
COMPANY EVENT WAIVER & RELEASE OF LIABILITY
THIS COMPANY EVENT WAIVER AND RELEASE OF LIABILITY (this “Release”) is made as of the date written below (the “Effective Date”), by and between: CONNECTED CITY LLC (hereinafter the “Company”), a Commonwealth of Massachusetts limited liability company and ATTENDEE identified by name below (hereinafter the “Attendee”) (collectively referred to herein as the “Parties” and individual as a “Party”).
IN CONSIDERATION of Company permitting the Attendee to attend the Company’s Events (as described below), the Attendee (for themselves, their heirs, executors and administrators) acknowledges and agrees to the following terms and conditions:
1.1 “Activities” means any activities conducted at a Company Event, which includes, but is not limited to, the following: (1) travel to and from a Company Event; (2) participation in any activities organized by Company as part of a Company Event; and/or (3) attendance at any group gatherings and/or group activities during a Company Event.
1.2 “Attendee” means any individual who attends a Company Event.
1.3 “Company Event” means any event, activity and/or program operated by Company.
2. Attendee and anyone claiming on behalf of Attendee releases and forever discharges Company and its affiliates, business partners, hosts of Company Events, successors and assigns, officers (including, but not limited to, Dustin Smith, employees, representatives, partners, agents and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind or any other applicable statutes and/regulations (the “Claims”) arising from Attendee’s participation in any way in a Company Event. “Participation” includes the Attendee’s travel to and from a Company Event, and the entirety of the Attendee’s time at any Company Event.
3. Attendee shall indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Attendee’s participation, attendance and travel to and from a Company Event.
4. This Release shall be binding upon and inure to the benefit of the Parties and their respective heirs, administrators, personal representatives, executors, successors and assigns. Attendee has the authority to release the Claims. The provisions of this Release are severable. If any provision is held to invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Release constitutes the entire agreement between the Parties and supersedes any and all prior oral or written agreements or understandings between the Parties concerning the subject matter of this Release. This Release may not be altered, amended or modified, except by a written document signed by both of the Parties. The terms of this Release shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
5. Both Parties represent that they are freely, knowingly and voluntarily entering into this Release. This Release may be signed by either Party through an electronic signature, and such signature will be deemed binding for all purposes hereof.
6. Company may film and/or take photographs throughout a Company Event which may feature the Attendee (referred to herein as “Footage”). The Attendee agrees that the Company owns the Footage and the Attendee has no right to the Footage. The Attendee irrevocably consents to the Company using the Footage in any way that it wishes, including, but not limited to, commercial purposes, and the Company is not required to notify and/or acknowledge the Attendee in any way.
7. Attendee agrees to comply with all rules and conditions of a Company Event and obey all directions and instructions given by Company (whether announced during a Company Event or otherwise). Company reserves the right, in its absolute discretion, to stop and prohibit Attendee’s participation in any activities and/or a Company Event at any time. If the Attendee fails to obey and accept any rules and conditions of Company in relation to any activities and/or a Company Event then Company may, in its absolute discretion, remove the Attendee from a Company Event.
8. The Attendee acknowledges and agrees that his or her attendance at a Company Event is exclusively at Attendee’s own risk and at all times Attendee has the option to not participate in, or to withdraw from any or all of the activities and/or a Company Event at any time.
9. Covid-19 Waiver of Liability & Indemnification. By signing this Release, Attendee acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Attendee may be exposed to or infected by COVID-19 by taking part in any of the activities at a Company Event and/or attending a Company Event in general, and that such exposure and/or infection may result in personal injury, illness, permanent disability, and/or even death. Attendee understands the risk of becoming exposed to or infected by COVID-19 while taking part in and/or traveling to a Company Event, and that such may result from the actions, omissions, or negligence of Attendee and others, including, but not limited to, employees and/or agents of Company. With full understanding of the foregoing provisions of this paragraph, Attendee voluntarily agrees to assume all of the foregoing risks and accepts sole responsibility for any injury to himself or herself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that Attendee may experience or incur in connection with attending a Company Event (collectively the “Covid-19 Claims”).
Attendee hereby releases, covenants not to sue, discharges, and holds harmless Company, its employees, agents, contractors, and representatives, of and from the Covid-19 Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Attendee understands and agrees that this Release includes any Covid-19 Claims based on the actions, omissions, or negligence of Company, its employees, agents, contractors, and representatives, whether a COVID-19 infection occurs before, during, or after taking part in a Company Event.
10. Electronic Signature. Attendee understands and agrees that Attendee is executing this Release through electronic signature technology (by checking the acceptance box). Attendee’s electronic signature is a legally binding equivalent to a handwritten signature. Attendee agrees he or she will not, at any time in the future, repudiate the meaning of his or her electronic signature or claim that his or her electronic signature is not legally binding. Attendee agrees not to object to the admissibility of this Release as an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original.
11. ATTENDEE HEREBY ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTANDS AND ACCEPTS THIS WAIVER AND RELEASE OF LIABILITY, AND THAT HE OR SHE AGREES TO BE BOUND BY IT IN RELATION TO THE ATTENDEE’S ATTENDANCE AT ANY EVENT AND PARTICIPATION IN ANY ACTIVITIES.
ALL PARTICIPATION AND ATTENDANCE AT A COMPANY EVENT IS DONE AT THE RISK OF THE ATTENDEE AND COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY AND/OR EXPENSES OF ANY KIND ARISING THEREFROM.
ATTENDEE ACKNOWLEDGES THAT THERE MAY BE RISKS INVOLVED IN ATTENDING A COMPANY EVENT WHICH ARE NOT KNOWN TO THE ATTENDEE AND/OR COMPANY AT THE TIME THIS RELEASE IS MADE EFFECTIVE AND MAY NOT BE FORESEEN OR REASONABLY FORESEEABLE BY ANY OF THE PARTIES TO THIS AGREEMENT. ATTENDEE UNDERSTANDS AND ACCEPTS ALL OF THE FOREGOING RISKS. RECOGNIZING SUCH RISKS, ATTENDEE VOLUNTARILY CHOOSES TO ATTEND THE COMPANY’S EVENTS.