WAIVER AND RELEASE OF LIABILITY
THIS WAIVER AND RELEASE OF LIABILITY (“Release”) is executed by the undersigned individual (“Participant,” “I”, “me” or “my”) in consideration of my participation in the below referenced Event arranged and/or organized by NAPCP, Inc., a Georgia company (“NAPCP” or the “Company”, as context may require) (each a “Party” and collectively the “Parties”).
Event: Elevate Summit 2023 (“Event”) to be held on January 23rd - January 25th, 2023
Location: The Saint Elle, 1420 3rd Ave S, Nashville, TN 37210 and The Graduate Hotel Nashville, 101 20th Ave N, Nashville, TN 37203
In connection with the Event, the Activities and the Services (as further defined herein), I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns and agree as follows:
1. PHOTO AND VIDEO RELEASE FORM: Exhibit A
2. COVID-19. I acknowledge and agree that the Location is a public place of business and further, that there are a number of risks associated with me participating in the Event, entering the Location, becoming a guest and/or occupying space at the Event or Location during the COVID-19 pandemic, including without limitation, that I could contract SARS-CoV-2 (aka COVID-19) or other diseases such as, but not limited to, influenza or Legionnaires’ disease, which could result in a serious medical condition requiring medical treatment in a hospital or could possibly lead to death. On behalf of myself and my heirs, successors and assigns, I knowingly and freely, assume all such risks, both known and unknown, relating to my attendance of the Event and being a participant at the Event as described above, and I hereby forever release, waive, relinquish, and discharge the Company and all Releasees from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, and other losses of any kind, whether known or unknown, foreseen or unforeseen, as a result of my participation in the Event, including but not limited to personal injuries, death, disease or property losses, or any other loss, and including but not limited to claims based on the alleged negligence of any Releasees. I agree to abide by all health-related laws, guidelines, rules and ordinances issued by any federal, state or local health authorities prior to and during the Event and all related Activities.
3. ACTIVITIES RELEASE: I intend to participate in the Event which may include a variety of activities including, but not limited to, eating, drinking, socializing, networking and related activities (collectively, the “Activities”). I understand that participating in the Activities is potentially hazardous and involves a risk of injury and even death. I agree that I am voluntarily participating in the Event and the Activities. As consideration of NAPCP, Inc. (“Company”) permission to participate in the Event and the Activities, I ASSUME ALL RISK OF INJURY, ILLNESS, DEATH, DAMAGES OR LOSS TO ME OR MY PROPERTY THAT MIGHT RESULT, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR THEFT OF ANY PERSONAL PROPERTY.
4. LIABILITY RELEASE AND INDEMNITY. For good and valuable consideration (including being permitted to participate in the Event), the receipt and sufficiency of which are hereby acknowledged, I agree, on behalf of myself and my personal representatives, heirs, executors, administrators, agents, and assigns to RELEASE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE, the Company, its partners, the facility on whose premises the Activities will occur (the “Location”, as further defined above), and the Company’s respective officers, directors, managers, partners, agents, employees, stockholders, representatives, members and vendors and each of their respective related, affiliated and subsidiary companies, successors, licensees, and assigns (each a “Releasee” and hereinafter collectively “Releasees”) for any and all claims or causes of action (known or unknown), including, but not limited to, any liability, whether based on ordinary or gross negligence, contract, tort, statute or otherwise, for any claim (including third party claims by the owners of the Location or other persons or entities), judgment, loss, liability, cost and expenses (including, without limitations, attorney’s fees and costs) relating to, arising out of or connected in any way with my participation in the Event or Activities including, but not limited to, any and all services, instruction, training, products, or other interaction I have with the Company or any of the Releasees (collectively, the “Services”), including but not limited to any claim arising out of or connected in any way with (i) any illness or injury (minimal, serious, catastrophic and/or death) that I may incur or sustain during or that may in any way arise in connection with the Services (whether or not at the Location and whether or not relating to any new or pre-existing condition, disclosed or undisclosed), (ii) if pregnant, any complications in my pregnancy or effect on my child (before or after birth) that I may incur or sustain during or that may in any way arise in connection with the Services (whether or not at the Location and whether or not relating to any new or preexisting condition, disclosed or undisclosed), (iii) any act or omission of any kind or character (whether negligent, grossly negligent, tortious or otherwise) of any employee, consultant, other independent contractor or other representative the Company or any of the Releasees (whether at the Location, in connection with the Services, or otherwise) and (iv) any and all activities associated or connected in any way with the Services and while traveling to and from the Location, in each of the foregoing cases whether or not the Services are actually rendered in full or in part. I further expressly agree to indemnify and hold harmless Company, Releasees and Releasees’ members, managers, principals, officers, directors, successors, assigns, executors and administrators against loss from any claims, demands or actions that may subsequently be brought by me or by any other persons on the account of damages, costs, expenses, liabilities or other losses of any character resulting to me in any way from, in connection with, or as a consequence of, any and all activities associated or connected in any way with the Services and while traveling to and from the Location, in each of the foregoing cases whether or not the Services are actually rendered in full or in part. I further agree to reimburse and to make good to Releasees any loss, damages, or costs Releasees may have to pay as a result of any such action, claim, or demand, including but not limited to attorneys’ fees. I understand that the foregoing waivers and indemnities are a material inducement to the Company to allow me to receive the Services and participate in the Event and the Activities, that the Company is expressly relying on such waivers and indemnities in allowing me to participate in the Event and Activities and receive the Services, and that, but for such waivers and indemnities, I would not be permitted to receive the Services or participate in the Event or the Activities.
5. MEDICAL RELEASE. In accordance with Section 3 of this Release, I acknowledge and agree that participating in and attending the Event subjects me to the risk of physical illness or injury (minimal, serious, catastrophic and / or death) and that I acknowledge that I am assuming the entire risk of such illness or injury by attending the Event and participating in the Activities. In the event of such illness or injury, I authorize the Company and any of the Releasees to obtain necessary medical treatment for me and hereby release and hold harmless all of the Releasees in the exercise of this authority. I further acknowledge and understand that I will be responsible for any and all medical and related bills that may be incurred by me for any illness or injury that I may sustain in connection with the Services and while traveling to and from the site for the Services whether or not the Services are actually rendered and will be required to Indemnify all of the Releasees as set forth in this Release.
6. GOVERNING LAW; WAIVER OF JURY TRIAL. This Release shall be deemed to be an executory agreement entered into in the State of Georgia and shall be governed by and interpreted in accordance with the laws of the State of Georgia applicable to agreements made and to be fully performed in Georgia without regard to any choice of law principles or statutes thereof. Any legal proceeding arising out of and/or in connection with this Release, the Event, the Activities or the Services, shall be submitted to the exclusive jurisdiction of the Courts of Fulton County, Georgia and I hereby waive any defenses or objections based on lack of jurisdiction, improper venue and/or forum non conveniens. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY SUCH ACTION OR PROCEEDING.
7. PARTICIPATION RULES. I agree to abide by any and all rules, regulations, and schedules of the Company, which may be posted or distributed at or prior to the Event, whether distributed by e-mail, or issued orally, all of which, I acknowledge and agree may be amended from time to time in the Company’s sole and absolute discretion.
8. VALUABLES AND PERSONAL PROPERTY. I acknowledge that neither the Company, the Releasees, nor any of their respective officers, directors, managers, partners, agents, employees, stockholders, representatives, members, and vendors and each of their respective related, affiliated and subsidiary entities, successors, licensees, and assigns shall be liable for the loss of or theft of, or damage to, my personal property.
9. CONDUCT. I acknowledge that the Company reserves the right to restrict or prevent my participation at the Event in the Location at any time in the event that Company staff, including, but not limited to their representatives and/or security reasonably determine that my behavior is unsafe or objectionable to Company, or participants in the Event, in Company’s absolute discretion. I understand that in Company or its designees’ sole discretion, I may be removed from the Event or any of the Services for any reason, in Company or their designees’ sole discretion. I acknowledge that if removed for conduct pursuant to this section or otherwise, I am not entitled to reimbursement for any Event fees.
10. ENTIRE AGREEMENT. This Release contains the entire understanding of the Parties hereto with respect to the subject matter hereof and supersede all prior agreements and understandings relating to the subject matter hereof. Moreover, I acknowledge that this Release supersedes any prior or contemporaneous agreements and statements, whether written or oral, concerning such rights, and that in the event of any conflict between this Release and any other document pertaining to such rights, this Release shall control.
11. VALIDITY OF WAIVER. I acknowledge and agree that this Release will be used by the Company and all holders, sponsors and organizers of the Activities, Services and Event covered under this Release and that this Release will govern my actions and responsibilities in connection with my participation therein. I further acknowledge and agree that if I institute, or anyone on my behalf institutes, any claims against any of Releasees, this Release can and will be used as evidence in court, and that releases like this one have been upheld in courts in similar circumstances.
12. DISCLAIMER AND ACKNOWLEDGEMENT. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I AM AWARE THAT THIS RELEASE RELEASES THE COMPANY AND ALL OF THE RELEASEES FROM LIABILITY RELATED TO THE SERVICES, ACTIVITIES AND EVENT AND CONTAINS AN ACKNOWLEDGEMENT OF MY VOLUNTARY AND KNOWING ASSUMPTION OF THE RISK OF INJURY OR ILLNESS FROM PARTICIPATION IN THE EVENT OR ANY OF THE ACTIVITIES AT THE LOCATION. I FURTHER ACKNOWLEDGE THAT NOTHING IN THIS RELEASE CONSTITUTES A GUARANTEE THAT THE SERVICES WILL BE FULLY OR PARTIALLY RENDERED AND THAT THERE IS THE RISK THAT THE EVENT AND/OR ACTIVITIES MAY BE CANCELLED BY THE COMPANY, IN THEIR SOLE DISCRETION, AND NOT RESCHEDULED. I ACKNOWLEDGE THAT ALL TICKET SALES ARE FINAL, AND NO REFUNDS, CANCELLATIONS OR EXCHANGES CAN BE MADE, NOR IS THE NAME ON THE ORIGINAL TICKET TRANSFERRABLE. ADDITIONALLY, I ACKNOWLEDGE THAT DUE TO TIME CONSTRAINTS AND/OR CAPACITY LIMITATIONS, I MAY NOT BE ABLE TO PARTICIPATE IN ALL OR ANY OF THE SERVICES. I HAVE SIGNED THIS DOCUMENT VOLUNTARILY AND OF MY OWN FREE WILL. I UNDERSTAND THAT I AM WAIVING ANY RIGHT THAT I MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST COMPANY, RELEASEES, OR EITHER OF ITS/THEIR AGENTS RELATING TO THE SERVICES AND PARTICIPATION IN THE EVENT AND THE ACTIVITIES. I HEREBY CERTIFY AND REPRESENT THAT I HAVE READ THE FOREGOING AND FULLY UNDERSTAND THE MEANING AND EFFECT THEREOF AND, INTENDING TO BE LEGALLY BOUND, I HAVE SIGNED THIS RELEASE ON THE DATE SET FORTH BELOW. I HEREBY GIVE MY EXPRESS CONSENT TO THE EXECUTION OF THIS RELEASE, AND I WILL NOT REVOKE MY CONSENT.
13. SEVERABILITY. In the event any term or provision of this Release shall be held illegal, unenforceable or inoperative as a matter of law, the remaining terms and provisions of this Release shall not be affected thereby, but each such term and provision shall be valid and shall remain in full force and effect.
14. BINDING EFFECT; ENTIRE RELEASE; MODIFICATION. This Release shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto. This Release embodies the entire Release between the parties and supersedes any and all prior Releases and understandings, written or oral, formal or informal. No modifications or amendments to this Release of any kind whatsoever shall be made or claimed by any party hereto, and no notices of extension, change, modification or amendment made or claimed by any party hereto shall have any force or effect whatsoever unless the same shall be endorsed in writing and fully signed by the party against whom enforcement is sought.
15. CAPTIONS. Captions and Article headings contained in this Release are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Release nor the intent of any provision hereof.
16. LITIGATION. I agree that neither I nor my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf, shall institute any suit or action at law or otherwise, or assist in the prosecution, of any claims against any of the Releasees. I hereby so instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming on My behalf. In the event of any dispute or litigation between the Parties relating to or arising out of this Release, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs at the pretrial, trial and appellate levels.
I CERTIFY THAT I HAVE READ THIS RELEASE AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
EXHIBIT A
PHOTO AND VIDEO RELEASE
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant to NAPCP, Inc. (“Company”) and their respective legal representatives, brand partner(s) and successors the irrevocable and unrestricted universal right and permission to release and publish my image(s) and video(s) taken in conjunction with the Activities and Services at the Event from January 23rd - 25th, 2023. The foregoing pictures and videos (collectively, the “Content”) are owned by the Company.
The parties hereby release, discharge and agree to hold harmless each other, their respective agents, employees, legal representatives and assigns, and all other persons acting other either’s permission or authority, including without limitation any claims.
