This Release of Liability, Assumption of Risk, and Indemnification Agreement (this “Agreement”) is made and provided by the person signing below (“Participant,” or “I”). Participant desires to participate in the Class (as defined above) and acknowledges and agrees that entering into this Agreement is required as a condition to participating in the Class. In consideration of the permission to participate in the Class, I agree to the terms contained in this Agreement.
1. ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in the above named program (the “Class”), which is organized by ATT Concepts LLC, D/B/A Crisis Zone Consulting, (“ATT”). I understand and acknowledge that:
a. The Class involves inherent risks, and I may be exposed to dangers and hazards, including, but not limited to: falls, fractures, concussions, overexertion, overheating, injuries from lack of fitness or conditioning, temporary or permanent disability, death, equipment failures, bacterial or viral infections including the novel coronavirus COVID-19, and negligence of others including fellow participants in the Class.
b. Such risks and dangers may be cause by my own actions or inactions, the actions or inactions of other participants in the Class, or the negligence of the Released Parties (as defined below).
c. As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged.
d. There may be other risks and economic losses, of which I am aware of or that may be unforeseeable, that are presented by participation in the Class.
e. Hospital facilities, qualified medical care, and medical evacuation may be limited by local conditions.
f. Any injuries I may sustain may be compounded or increased by the negligent or delayed rescue operations or procedures of the Released Parties.
g. ATT assumes no responsibility for providing medical care during the Class, and I will not seek to have ATT pay for any medical care and/or evacuation that I incur.
2. ASSUMPTION OF THE RISKS: I hereby voluntarily and freely assume the above-mentioned risks and dangers that may occur pursuant to the Class, including any harm, injury or loss that may occur to me or my property as a result of my participation in the Class or during any transportation to or from the Class, including, but not limited to, any injury or loss caused by negligence of ATT, its employees and officers, its contractors, or other Class participants. I also understand that any equipment that I provide or may borrow from ATT or any other provider I use at my own risk and that such equipment is provided without any warranty about its condition or suitability.
3. PARTICIPANT’S REPRESENTATIONS: I acknowledge and represent that:
a. I am qualified to participate in the Class, including being in good physical and mental condition and having no disability, impairment, or ailment preventing me from engaging in training that will include physical exertion, simulated situations that are extremely stressful, and realistic scenes of violence and extreme injury.
b. In the past fourteen days, I have not experienced or been diagnosed of, and to the best of my knowledge have not come into contact with any person who has experienced or been diagnosed of, any infectious disease or illness or related symptoms, including COVID-19 symptoms such as fever, chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, or diarrhea.
c. In the past fourteen days, I have not travelled internationally and have practiced social distancing by generally staying at six feet from other people, avoiding group or mass gatherings, and staying out of crowded places.
d. I am not participating in the Class against medical advice.
e. I shall at all times follow all rules and regulations for the Class and the premises, as may be established or modified by ATT or [the Sponsor].
f. I will not consume or be under the influence of any alcohol or drugs that could impair my participation in the Class at any time during the Class and have not at any time during the 12 hours prior to my participation in the Class consumed or been under the influence of any alcohol or drugs that could impair my participation in the Class.
g. I have fully read and understand each of the provisions in this Agreement.
4. RELEASE FROM LIABILITY: I hereby RELEASE ATT, its affiliates, its contractors, its instructors, its landlord, the providers of any equipment used in the Class, any municipal or governmental providers of use permits, and their respective members, employees, agents, partners, directors and officers, as applicable (the “Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS that arise in any way from any injury, infection, illness, temporary or permanent disability, death, loss or harm that occurs to me or to any other person or to any property during the Class or in any way related to the Class, including during transportation to and from the Class. This release includes any and all claims Participant may have for damages, liabilities, expenses or costs now known or hereinafter known in any jurisdiction, attributable or relating in any manner to Participant’s involvement in the Class, whether caused by the negligence of the Released Parties or by any other reason, including strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that the State of Delaware law does not permit to be excluded by agreement. Participant acknowledges and agrees that this Agreement is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, infections, illnesses, temporary or permanent disability, death and/or property damage sustained by the Participant while on the premises or in any way related to the Class.
I also agree NOT TO SUE or make claim against the Released Parties or [the Sponsor] for infections, illnesses, death, injuries, property damage, loss or harm that occurs during the Class or in connection therewith.
5. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, infection, illness, loss of life or damage to property sustained by reason of or arising out of my involvement in any of the Class activities, whether caused by my own negligence, by my conduct during the Class which was contrary to the safety rules and instructions given to me, by the negligence of the Released Parties, or otherwise. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section 5, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce these provisions.
6. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow all safety rules and safety instructions for the Class provided to me and to follow safety directions given to me by the leaders of the Class, including USING ALL OF THE PROTECTIVE GEAR that I am instructed to use.
7. AGREEMENT TO FOLLOW LAW: In the performance of the terms of this Agreement, use of the premises and participation in the Class, Participant shall comply with all applicable federal, state, regional and local laws, rules and regulations.
8. INDEPENDENT CONTRACTORS: I acknowledge that ATT has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Class.
9. USE OF MY LIKENESS: I understand and agree that I may be photographed or video recorded during the Class. I hereby give ATT permission and consent to the audio and/or visual recording of my name, voice, likeness and image in connection with the recording of such photograph or video. I hereby further consent and grant to ATT the right and license to edit or modify the same and to display, distribute, reproduce and use the same (as may be edited or modified) on all means or platforms now known or hereafter created and for all purposes. I hereby release and waive all moral rights, rights of privacy and rights of publicity that I may have in connection with the use of such recording by ATT.
10. SURVIVAL: Any provision of this Agreement providing for performance after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable.
11. SEVERABILITY: I agree that this Agreement shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Delaware law. I agree that if any portion or provision of this Agreement is found to be illegal, invalid or unenforceable, then the remaining provisions will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Agreement.
12. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This Agreement is governed by and shall be construed in accordance with the laws of the State of Delaware, without any reference to its choice of law rules or the principles of conflicts of law of such state. I agree that any dispute arising from this Agreement or in any way associated with the Class shall be brought only in the state or federal courts of Delaware, and I agree to the jurisdiction and venue of such courts for any such dispute. In any litigation in which the validity or enforceability of this Agreement is contested, I agree that the prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold this Agreement.