LIABILITY WAIVER AND ASSUMPTION OF THE RISK Event: Truss Golf Trip to Scotland, April 24-30, 2023. The undersigned (“Participant”) desires to attend and participate in the event set forth above (the “Event”), which is being organized, coordinated, planned and/or hosted (as applicable) by Truss (a d/b/a of CA Accelerator of Salt Lake, LLC) (the “Company”). As a condition to the Company allowing the Participant to attend or participate in the Event, Participant is required to execute this Liability Waiver and Assumption of Risk (this “Liability Waiver”). NOW, THEREFORE, in consideration of being allowed to attend the Event, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Participant hereby agrees to this Liability Waiver, as follows: 1. Additional Terms: Participant agrees to the additional Terms and Conditions to Liability Waiver attached hereto as Exhibit A (the “Additional Terms”). Participant is responsible for reviewing all of the Additional Terms. ____________________________________________________________ In Witness Whereof, Participant hereby acknowledges and agrees that they have read this Liability Waiver and understand the terms within it, including its legal effect, and hereby executes this Liability Waiver voluntarily.
April 19, 2024
EXHIBIT A
TERMS AND CONDITIONS TO LIABILITY WAIVER AND ASSUMPTION OF THE RISK
1. Risks: a. Participant understands, agrees and acknowledges, that there are risks associated with the attendance of and participation in the Event, not all of which may be known or foreseeable (collectively, the “Risks”). These Risks vary considerably depending on the specific activities undertaken during the Event and the experience level of the persons involved, and may include (but are not limited to): (i) risks associated with traveling, including being required to quarantine following the event; (ii) risks associated with the various activities to be undertaken during the Event; (iii) the possibility of contracting various life-threatening diseases (including Covid-19); (iv) risks associated with consuming foreign or potentially harmful foods or with consuming alcoholic beverages; and (v) the possibility of property damage, injury, illness and even death during or following the Event, among many other potential Risks. b. The Risks may be caused by many factors, including (without limitation): (a) acts or omissions of Participant or of other individuals, including other Event participants or of Company employees, volunteers, or
contractors; (b) motor vehicles, airplanes, and other equipment; (c) plants, insects, animals, terrain, and weather; (d) ordinary risks associated with athletic and outdoor activities; (e) Acts of God; and/or (f) many
other potential causes. Some of these Risks may be known, but some may be unknown and unforeseeable. c. Participant hereby agrees and acknowledges, on behalf of their self, affiliates, personal representatives, heirs, successors, assigns, spouse, and family members, that Participant accepts and assumes all Risks associated with the Event. d. The Company does not obtain travel, liability or medical insurance for participants in the Event. Participant agrees to obtain their own insurance if so desired and releases the Company from liability arising from not obtaining any such insurance. 2. Liability Release and Waiver of Claims:
a. Participant understands, acknowledges and agrees that although the Company may coordinate, organize, plan, and/or host the Event, neither the Company nor any other party other than Participant is responsible for providing insurance or guaranteeing safety in association with the Event. b. Participant agrees that the Company will NOT be liable for any Risks associated with or any Claims that arise as a result of Participant’s attendance of or participation in the Event. Participant fully and completely releases the Company and all Released Parties from any and all Claims arising from or related to Participant’s attendance of and participation in the Event, to the fullest extent permitted by law. This release specifically includes any negligence by the Company or Released Parties. c. Furthermore, Participant hereby waives all rights to any Claims against the Company or any Released Party that may arise as a result of any Risks or Participant’s attendance of or participation in the Event. Participant further covenants on his/her behalf, and on behalf of Participant’s spouse, significant other and other family members not to file suit or assert any Claim based in whole or part on the Risks or Participant’s attendance of and participation in the Event.
3. Indemnification: Participant further agrees to indemnify, hold harmless, and defend the Company and all Released Parties from any Claims asserted by Participant (or Participant’s spouse, significant other, other family members, and anyone else accompanying Participant at the Event) related to the Risks or Participant’s attendance of or participation in the Event. 4. Additional Covenants: Participant agrees that, while attending or participating in the Event, Participant shall: (1) respect other participants in the Event and any service providers, Company employees, or volunteers that are making the Event possible, (2) comply with any laws applicable to participants in the Event, and (3) respect any local laws and customs for the locations where the Event shall take place. Additionally, Participant represents and warrants that they are at least eighteen years of age.
5. General Terms and Conditions: Participant’s representations, release, indemnifications, and waivers in this Liability Waiver shall be construed as broadly and inclusively as permitted by law. If any term or provision of this Liability Waiver is held to be unenforceable or invalid, the enforceability of the remaining terms and provisions shall not be impaired and this Liability Waiver shall be reconstrued to be enforceable to the maximum extent permitted by law. This Liability Waiver shall be governed under the laws of the State of Utah. Venue for any lawsuit relating in any way to this Liability Waiver or any other dispute involving Participant and the Company shall be in Utah County, Utah. The provisions in this Liability Waiver shall never expire, may only be amended by a written agreement signed by both the Company and Participant, and shall remain in full force and effect in perpetuity unless amended or superseded by another agreement.
6. Definitions: As used herein: a. “Claims” shall include any and all claims, causes of action, liability, fault, losses, damages, costs, expenses, and legal or equitable actions of any kind arising from or related in any way to the Event, including (without limitation), with regards to: (i) the presence, acts, or omissions of any of the Released Parties, (ii) negligence and gross negligence of any Released Party; (iii) any claims of Participant (or his/her heirs or
representatives) regarding personal injury, theft, property damage or destruction, wrongful death or survivor claims or premises liability; (iii) any other tort claims; (iv) damages, fines, exemplary damages, attorney’s fees, court costs; and (v) all other claims for money, equitable relief, or other relief of any kind. b. "Released Parties” includes (1) the Company; (2) any of the Company’s officers, directors, agents, volunteers and employees, and (3) all other participants of the Event.
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