As a condition of being permitted to attend Be Bold VIP, an in-person event (the “Event”) hosted or provided by Bold New Mom, LLC (the “Company”) on July 30, 2021 at Salt Palace Convention Center, located at 100 SW Temple, Salt Lake City, UT 84101 (the “Property”), in light of the 2019-2021 outbreak of the novel Coronavirus COVID-19, I agree to the following terms.
For purposes of this agreement, “Releasees” shall include (i) the Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, interns, representatives, successors and assigns; (ii) any Company volunteers; and (iii) Jake Moore and Jody Moore.
In consideration of my live attendance and participation in the Event, I acknowledge and agree:
1. COVID-19 is extremely contagious and can be spread through person-to-person contact. Asymptomatic individuals can be infected with and transmit COVID-19 without their knowledge.
2. During the Event and public areas of the Property where the Event will be held, current local guidelines in place at the time of the Event must be followed and practiced to reduce the risks of exposure to COVID-19. Despite preventative measures, Releasees cannot guarantee that Event attendees will not become infected with COVID-19.
3. I am fully and personally responsible for my own safety and actions during the Event. To the best of my knowledge, I have no medical condition that would make my participation in the Event more hazardous.
4. My live attendance at and participation in the Event could lead to serious injury, illness, or even death for myself and others including, but not limited to, those resulting from Influenza, MRSA, or COVID-19.
5. With full knowledge of the risks involved, I voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold
Releasees harmless for any and all liability to me, my personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my live attendance at or participation in the Event, whether or not caused by the active or passive negligence of the Releasees, including but not limited to economic loss, injury, illness or death related to COVID-19.
6. If the release and hold harmless provision is held unenforceable for any reason, I agree to limit any damages claimed to the amount that I paid the Company to attend the Event.
7. I agree to indemnify, defend, and hold harmless the Releasees from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims they may incur, directly or indirectly, arising from or related to my live attendance at or participation in the Event, including but not limited to those arising from any breach of a representation and warranty by me.
8. I expressly agree that this Event Release and Indemnity Agreement is intended to be as broad and inclusive as permitted under law, and that if any portion is held invalid, it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of reckless or intentional acts by the Company.
9. I expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
10. This is the entire agreement of the parties and there are no other agreements between them with respect to its subject matter. This agreement may only be modified in an express writing signed by both parties. This agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws principles. The nearest state and federal court to Spokane Valley, Washington shall have exclusive jurisdiction over any case or controversy arising from or relating to my attendance at or participation in the Event. If either party is required to make a claim for violation of this agreement, whether resolved by negotiation, mediation, or litigation, the prevailing party will be entitled to recover its full attorney’s fees and costs from the non-prevailing party. Any waiver by either party of a breach of this agreement does not equal approval or waiver by said party in any subsequent breach or violation of this agreement. This agreement and each party’s obligations shall be binding on the representatives, assigns, and successors of such party.
By checking the box, I acknowledge that: I have read this Event Release and Indemnity Agreement and understand its contents; I am at least eighteen (18) years old and fully competent to give my consent; I have been sufficiently informed of the risks involved; and I give my voluntary consent in signing it, free from any inducement or representation, with full intention to be bound by it.