In consideration of being permitted to attend the event or activity in connection with CrowdPass’s services (“Activity”), and in recognition of CrowdPass’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).
I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) not experiencing symptoms of the novel coronavirus COVID-19 (“COVID-19”), do not have a confirmed or suspected case of an infectious disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having COVID-19.
I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and COVID-19 while participating in the Activity. I will also follow all instructions, recommendations, and cautions of CrowdPass and the event organizer at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of COVID-19, I will immediately discontinue further participation in the Activity.
2. Assumption of Risk
I am aware of the contagious nature of infectious disease, including but not limited to COVID-19, and the risk that I may be exposed to or COVID-19 by engaging in the Activity, which may result in serious illness, personal injury, disability, and/or death.
I understand that the CrowdPass nor the event organizer cannot guarantee that I will not be injured or become infected COVID-19 due to my participation in the Activity and that engaging in the Activity may increase my risk of contracting COVID-19.
NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE ACTIVITY.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE EVENT ORGANIZER, CROWDPASS AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
4. This Release constitutes the sole and entire agreement of CrowdPass and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of CrowdPass and the event organizer and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in New York, New York and I hereby consent to the exclusive jurisdiction of such courts.