AGREEMENT OF ASSUMPTION OF RISKS, INDEMNIFICATION, and RELEASE, WAIVER AND EXEMPTION OF LIABILITIES
PLEASE READ THIS ASSUMPTION OF RISK, INDEMNITY, AND RELEASE AND DISCLAIMER AGREEMENT CAREFULLY (“AGREEMENT”). BY CLICKING THE BOX, YOU ACKNOWLEDGE THAT YOU (THE “PARTICIPANT”) HAVE READ THIS AGREEMENT AND THAT YOU UNCONDITIONALLY ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THE PARTICIPANT DOES NOT AGREE TO THESE TERMS AND CONDITIONS, THE PARTICIPANT CANNOT ATTEND THE EVENT.
PARTICIPANT HEREBY AGREES TO THE USE OF ELECTRONIC COMMUNICATIONS TO ENTER INTO THIS BINDING AGREEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THEREOF, THE PARTICIPANT WAIVES ANY RIGHT OR LEGAL REQUIREMENTS UNDER THE LAWS OR REGULATIONS OF ANY JURISDICTION THAT REQUIRE AN ORIGINAL SIGNATURE (NON-ELECTRONIC RECORD) OR NON-RETURN OF ORIGINAL RETURN OF ELECTRONIC COMMUNICATION.
THIS AGREEMENT MUST BE ENTERED INTO ELECTRONICALLY ON BEHALF OF ALL PARTICIPANTS UNDER THE AGE OF 18 BY A GUARDIAN OR LEGAL REPRESENTATIVE. NO MINOR WILL BE ALLOWED TO PARTICIPATE IN THE EVENT WITHOUT SUCH AN ELECTRONICALLY SIGNED AGREEMENT. AS A GUARDIAN OR LEGAL REPRESENTATIVE OF THE MINOR, I HEREBY GIVE THE CONSENT FOR THE PARTICIPATION OF THE MINOR IN THE VASAYO EVENT AND I ACKNOWLEDGE THAT I HAVE READ AND AGREE TO THE TERMS THEREOF FOR THE PARTICIPATION OF THE MINOR.
The electronic signer personally, and / or on behalf of the person (s) indicated (s) in the case of minors, hereby represents and agrees with Vasayo LLC (including without limitation its entities counterparts, subsidiaries, predecessor entities, successor entities, subsidiaries, affiliates and operating units, as well as their respective owners, officers, directors, managers, distributors, employees (and former employees), investors, members, shareholders, administrators, partners, attorneys, divisions, predecessor and successor companies) and represents (collectively “Vasayo”), the following:
1. The participant is over 18 years of age personally and / or is over 18 years of age and signs electronically on behalf of the Participants under 18 years of age of whom he or she is the legal guardian or representative.
2. This Agreement covers and applies to all events and / or activities in which the Participant engages in connection with Vasayo (including travel to and from the event) (the “Event”).
3. THE PARTICIPANT ACKNOWLEDGES THAT THEIR PARTICIPATION IN THE EVENT IS AT THEIR OWN RISK. The Participant is aware of the risks and dangers inherent in participating in the Event and that expected and unexpected dangers and risks may arise during the Event, including, but not limited to, illness, bodily injury, dismemberment, permanent disability, paralysis, death, emotional or psychological trauma, political risks, damage to property, or theft. The Participant has not relied and should not rely on any statement or representation of Vasayo, its agents, directors, officers, members, managers, employees, volunteers, or representatives regarding the condition or safety of the Event or any equipment or facilities provided by part of Vasayo. The Participant understands the nature and requirements of the Event and declares that they are qualified to participate in the Event by virtue of their experience and physical capabilities. In addition, the participant certifies that they are of adequate physical health to meet the requirements to participate in the Event and agree to inform Vasayo of any physical limitations that affect their participation in certain activities during the Event. The Participant acknowledges that it will be their full responsibility to inform and educate themselves in advance and each of the persons, in whose name the Participant is signing this document, about any safety rules related to the Event. The Participant is hereby instructed that if at any time during the Event, he / she or any of the persons in whose name the Participant enters into this Agreement is in any danger or believes that they are in danger, the person will terminate their participation at the Event immediately.
4. DESPITE THE INHERENT RISKS AND DANGERS, THE PARTICIPANT ACCEPTS AND ASSUMES ALL THESE RISKS AND DANGERS, WHETHER KNOWN OR UNKNOWN, IN RELATION TO THEIR PARTICIPATION IN THE EVENT. THE PARTICIPANT, ITS LEGAL HEIRS, AGENTS, ALBACEAS (EXECUTORS), ADMINISTRATORS AND APPOINTMENTS HEREBY AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS VASAYO, ITS SUBSIDIARIES, INSURERS, EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, EMPLOYEES, MEMBERS, MEMBERS LAWSUITS, LOSSES, INJURIES, DAMAGES, DAMAGE TO PRIVATE OR PERSONAL PROPERTY, EXPENSES AND LIABILITIES OF ANY KIND (COLLECTIVELY, A “LOSS”) EVEN IF ACTIVE OR PASSIVE NEGLIGENCE OR OMISSIONS IS CAUSED OR CLAIMED TO BE CAUSED BY VASAYO. THE PARTICIPANT AGREES NOT TO SUBMIT ANY CLAIM RELATED TO SUCH LOSSES AGAINST VASAYO IN A COURT OR OTHERWISE AND HEREBY IRREVOCABLY WAIVES SUCH CLAIMS. THIS DUTY OF INDEMNIFICATION INCLUDES THE OBLIGATION TO PAY REASONABLE COSTS AND THE LAWYERS FEES INCURRED TO DEFEND AGAINST SUCH LOSS.
5. The participant declares that he / she and / or the persons subject to this Agreement, have the necessary health, accident insurance and liability to cover any bodily injury or loss of property both for his / her person or that may be caused to third parties. Participant agrees to deal directly with Participant's own insurance company and not Vasayo in the event of any claim. In the absence of insurance, the Participant certifies that they are financially capable of personally paying, or will pay, for any and all expenses or liabilities.
6. Participant acknowledges that at no time will Vasayo, its employees, agents, representatives, and / or volunteers care for, guard or control any property of Participant. At all times the Participant, its employees, partners and / or agents will have full control or custody of their personal property, in accordance with any Rule and Regulation of the Event and this Agreement. The risk of loss of said properties will be the responsibility of the Participant.
7. The Participant acknowledges and agrees that it will be solely responsible and will pay for any damage to property, facilities or equipment owned, rented or leased by Vasayo, caused by the Participant, its employees, partners and / or agents for all the actions or omissions of the Participant in connection with their participation during the Event.
8. By participating in the Event, the Participant grants consent to allow his / her photograph, video, or image to be photographed or videotaped or posted on any of Vasayo’s websites, brochures, videos, or other media at Vasayo’s discretion. Participant acknowledges that they will not be paid for the use of their photograph, and Participant waives any right to privacy or publicity for which they may otherwise be responsible. By checking the box, the Participant agrees that they will not have any right (including, without limitation, copyright), title or interest in any work or publication or any material under this Agreement. Nothing in this document shall constitute an obligation on the part of Vasayo to use any of the rights set forth in this document.
9. The participant acknowledges and agrees that the participant's risk assumptions, indemnities, exemptions, release of responsibilities, etc. shall apply not only to Vasayo, but to all members of the Vasayo family, including, but not limited to, any trusts and other legal entities owned by members of the Vasayo family or of which members of the Vasayo family are beneficiaries.
10. This Agreement constitutes the complete, final, and exclusive incorporation of the entire agreement between Participant and Vasayo with respect to this matter, and supersedes any other promises, warranties, or representations made in writing or orally. If any provision of this Agreement is found to be invalid or unenforceable, in whole or in part, this determination will not affect any other provision of this Agreement and the provision in question will be modified by the court to render it enforceable. This Agreement will be deemed to have been entered into and will be construed and enforced in accordance with the laws of the State of Utah, as applicable to contracts made and performed entirely within Utah, and the parties involved in the document submit to the exclusive jurisdiction of the state and federal courts within Utah.
11. This Assumption of Risk, Indemnification and Release and Disclaimer Agreement shall be construed in its broadest sense to provide a waiver and waiver to the maximum extent permitted by Utah law.