This Event Terms & Conditions, Assumption of Risk, Waiver and Release of Liability, Covenant Not to Sue, and Indemnification Agreement (“Agreement”) is entered into by and between the undersigned individual, in such individual’s personal and individual capacity (“Participant”), and Crisp, Inc., together with its parents, subsidiaries, and affiliated entities (“Crisp”).
By registering for, attending, observing, working at, participating in, or otherwise being present at any event, program, workshop, retreat, outing, experience, summit, training, excursion, transportation activity, social function, or related activity (collectively, the “Event”) organized, hosted, sponsored, facilitated, or made available by Crisp, Participant acknowledges and agrees as follows:
- Voluntary Participation. Participant acknowledges and agrees that Participant’s attendance at and participation in the Event is purely voluntary and may be declined, in whole or in part, at Participant’s sole discretion.
- Assumption of Risk. Participant understands and acknowledges that participation in the Event may involve inherent, latent, and unforeseen risks, dangers, and hazards, including, without limitation, risks of bodily injury, illness, disease, permanent disability, paralysis, or death; damage to or loss of personal property; risks associated with travel and transportation; risks associated with physical exertion, recreational or athletic activities; risks associated with alcohol consumption; and risks arising from the acts or omissions of other participants or third parties. Participant knowingly, voluntarily, and expressly assumes all such risks, whether known or unknown, foreseeable or unforeseeable, and whether or not arising from the ordinary negligence of any Released Party (as defined below).
- Release and Waiver of Liability. To the fullest extent permitted by applicable law, Participant hereby irrevocably and unconditionally releases, waives, acquits, and forever discharges: Crisp; event venues and premises owners and lessees; promoters, sponsors, advertisers; vendors, suppliers, contractors, and service providers; speakers, facilitators, volunteers, staff; transportation providers; rescue personnel; and each of their respective officers, directors, members, shareholders, employees, agents, successors, and assigns (collectively, the “Released Parties”), from any and all claims, demands, causes of action, suits, liabilities, damages, losses, costs, and expenses of every kind or nature whatsoever, whether in law or equity, known or unknown, suspected or unsuspected, arising out of or relating to Participant’s attendance at or participation in the Event, including, without limitation, claims arising from the ordinary negligence of any Released Party.
- Covenant Not to Sue. Participant covenants and agrees that Participant shall not institute, commence, prosecute, or maintain any action, lawsuit, arbitration, or administrative proceeding against any Released Party arising out of or relating to the Event or this Agreement.
- Indemnification and Hold Harmless. Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, damages, judgments, losses, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) Participant’s attendance at or participation in the Event; (b) Participant’s acts or omissions; or (c) Participant’s breach of this Agreement.
- Employer Authorization; Waiver of Derivative Claims. If Participant is attending the Event as an owner, partner, employee, contractor, agent, or representative of a firm or other organization (“Firm”), Participant represents and warrants that Participant is authorized by such Firm to attend the Event. To the fullest extent permitted by law, Participant agrees that any Firm on whose behalf Participant attends the Event hereby waives, releases, and covenants not to assert any and all claims against the Released Parties arising out of or relating to Participant’s attendance at or participation in the Event, including without limitation any derivative, indemnity, contribution, or subrogation claims. Participant further agrees to indemnify and hold harmless the Released Parties from and against any claim brought by such Firm arising out of or relating to Participant’s attendance at or participation in the Event.
- Alcohol Acknowledgment. Participant acknowledges that alcoholic beverages may be made available at certain Events. Participant represents and warrants that Participant is of legal drinking age and agrees that Participant shall be solely responsible for Participant’s consumption of alcohol and resulting conduct. Participant expressly assumes all risks associated with alcohol consumption and releases the Released Parties from any and all claims related thereto.
- Representation of Fitness and Medical Authorization. Participant represents and warrants that Participant is physically and mentally capable of participating in the Event and has not been advised otherwise by a licensed medical professional. Participant authorizes Crisp and the Released Parties to obtain or provide emergency medical treatment on Participant’s behalf in the event of illness or injury and agrees to be solely responsible for all costs associated with such treatment.
- Compliance with Rules and Standards of Conduct. Participant agrees to comply with all rules, regulations, instructions, and safety directives communicated by Crisp or Event personnel and to conduct himself or herself in a professional and respectful manner at all times.
- Grant of Media Rights. Participant hereby grants to Crisp and its designees the perpetual, worldwide, royalty-free, irrevocable right and license to photograph, record, reproduce, publish, display, distribute, and otherwise use Participant’s name, image, likeness, voice, and biographical information, in whole or in part, in any media now known or hereafter devised, for advertising, marketing, promotional, or commercial purposes, without further notice or compensation.
- Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
- Dispute Resolution; Mandatory Arbitration; Venue. Any and all disputes, claims, or controversies arising out of or relating to this Agreement, the Event, or Participant’s attendance at or participation in the Event, including without limitation claims sounding in contract, tort, statute, misrepresentation, or equity (collectively, “Disputes”), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted before a single arbitrator and shall take place exclusively in Atlanta, Georgia. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, Crisp may seek temporary, preliminary, or permanent injunctive or equitable relief in any court of competent jurisdiction to protect its confidential information, intellectual property, or other proprietary rights.
- Waiver of Jury Trial and Class Actions. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE EVENT. PARTICIPANT FURTHER AGREES THAT ANY DISPUTE SHALL BE BROUGHT SOLELY IN PARTICIPANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict-of-laws principles.
- Electronic Execution. Participant agrees that electronic acceptance, including by checking a box, clicking “I Agree,” or similar action, constitutes a valid and binding execution of this Agreement.
- Acknowledgment of Understanding. Participant acknowledges that Participant has carefully read this Agreement, fully understands its terms, understands that Participant is waiving substantial rights, and enters into this Agreement knowingly and voluntarily.
- Survival. Participant’s obligations under this Agreement shall survive Participant’s attendance at the Event and any termination or conclusion of the Event.