Terms and conditions
RELEASE OF LIABILITY AND WAIVER OF RIGHTS
BY SIGNING THIS DOCUMENT I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE DIGITAL FOUNDERS NETWORK, INC. (“Organizer“), any sponsor (“Sponsor”), or any speaker (“Speaker”) in connection with the Event (defined below).
Event: Cancun, Mexico
Date of Event: August 9th 2021
I desire to participate in the event described above (the “Event“), including, without limitation, entering any area where the Event takes place, or to observe or otherwise participate in or in any other way be involved for any purpose with the Event. In consideration of being permitted to participate in the Event, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this “Release and Waiver“), including all the covenants and agreements set forth herein.
This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by Applicable Law. If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between Organizer and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters.
I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state laws, ordinances, statutes, rules, and regulations (collectively, “Applicable Law“), and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under the Applicable Law of the jurisdiction in which the Event takes place.
I HAVE READ THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS HEREIN), FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAVE ACCEPTED THIS RELEASE (INCLUDING THE COVENANTS AND AGREEMENTS HEREIN) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.
I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF ORGANIZER IN ALLOWING ME TO PARTICIPATE IN THE EVENT.
I hereby irrevocably and unconditionally agree for myself, my personal representatives, my heirs, next-of-kin, insurers, successors, and assigns, as follows:
- ASSUMPTION OF RISK. My choice to participate in the Event is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Event involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
- RELEASE FROM LIABILITY. I fully and forever release and discharge Organizer, Sponsor and Speaker and their respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Event (collectively referred to in this Release and Waiver as “Indemnitees“) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Event, even if it is due to the negligence, injudicious act, omission, or other fault of Indemnitees. In addition, this Release and Waiver shall apply to any minors brought to the Event by you.
- INDEMNITY. I will defend, indemnify, hold harmless, and reimburse Indemnitees from and for all damages, losses, costs, or expenses (including legal fees) incurred by Indemnitees or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Event. I will reimburse Indemnitees if anyone makes a claim against Indemnitees in connection with my participation in the Event, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
- COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Indemnitees, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Event, and I waive any right I may have to do so. This means that I cannot sue to hold Indemnitees responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Event, even if it is due to the negligence, injudicious act, omission, or other fault of Indemnitees. I waive my insurers’ right to make a claim against Indemnitees based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against Indemnitees.
- CONFIDENTIALITY. I will not use or disclose for any business purpose any information I learned regarding other attendee’s businesses during “hot seat” sessions of the Event. All such information shall be deemed confidential and may be enforced by the injured attendee.
- MEDICAL EXPENSES. I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my participation in the Event and understand that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.
- TICKETS; COSTS. I acknowledge and agree that Event tickets are non-refundable. I understand that the Organizer is not responsible for any costs related to my participation in the Event, including, without limitation, travel costs.
- REPRESENTATIONS. I am over eighteen (18) years of age and I have a valid driver’s license that was issued to me. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to participate in the Event. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Event, I will immediately discontinue further participation in the Event.
- COVENANTS. I will follow any and all instructions, recommendations, and cautions of Organizer at all times during the Event. I will comply with all Applicable Laws while participating in the Event.
- PUBLICITY. I hereby grant Organizer, without limitation, the right to use my name and likeness in connection with the Event for any publicity without further compensation or permission.
BY ACCEPTING THIS RELEASE (INCLUDING THE COVENANTS AND AGREEMENTS HEREIN), I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE INDEMNITEES.