RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK, AND INDEMNITY
IN CONSIDERATION of being permitted to participate in the Live It to Lead It event presented by Revelation Health, LLC (the "Event"), I, for myself and for my personal representatives, assigns, heirs, devisees, beneficiaries, trusts, assignees or other successors-in-interest:
1. ACKNOWLEDGE AND UNDERSTAND that I will not attend the Event if I have a fever, sore throat, have been diagnosed with COVID-19, or have come into close contact with any individuals who are infected with COVID-19 in the 14 days preceding the Event. If I do so, I acknowledge, understand, and agree that Revelation Health, LLC needs to balance and preserve fairness while ensuring ultimate safety of the participants and shall have the right to exercise its sole discretion in evaluating such conduct and determining the nature of any required intervention including, but not limited to, asking me to leave the Event without a refund.
2. ACKNOWLEDGE AND UNDERSTAND that no party has made any representations or warranties to me about other participants in the Event or any other person whom I may encounter in connection with the Event, including by not limited to, the physical health of any such person. If I choose to engage in close personal contact with any such person I do so voluntarily and knowingly and I assume any and all risks that by engaging in such activity I may contract certain viruses, diseases and/or infections, including but not limited to COVID-19. No representations or warranties have been made to me that any such person is free from viruses, diseases or infections. I am cognizant of the risks and I shall behave in a manner consistent with good judgment, event rules, and local and national guidance regarding disease prevention, as I would in my daily life. I further acknowledge and understand that Revelation Health, LLC is taking all necessary precautions as may be required by federal and local governments, and the CDC, in respect of preventing the spread of COVID-19, but that it cannot guarantee that all attendees are free of viruses, diseases and/or infections, and that I have chosen to nonetheless attend this Event, and that I do so without any duress and assume any and all risks that may be associated with any such attendance and participation at the Event, including but not limited to medical, physical, or psychiatric harms. I explicitly include any injuries or harm that I may suffer as a result of engaging in any of the above described conduct with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
3. ACKNOWLEDGE AND UNDERSTAND and agree that at the Event, video images, movies, photographs and audio recordings may be made by Revelation Health, LLC and its representatives and employees and by other event holders, sponsors and advertisers of the Event. I hereby authorize my photo, video, voice or film likeness (with or without my name) to be used, without any compensation payable to me, for any commercial or non- commercial purpose (including without limitation for publicity, illustration or advertising) in any and all media by Revelation Health, LLC or the RELEASEES (defined below).
4. ACKNOWLEDGE AND UNDERSTAND that my participation in the Event is voluntary. I acknowledge and understand the scope, nature, and extent of the risks involved and expressly, voluntarily, and irrevocably assume any and all risks of loss and/or damage to property, illness, injury, and/or death arising from my travel to and attendance and participation in the Event, whether or not contemplated in this Agreement and regardless of how it was caused.
5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEREBY UNCONDITIONALLY AND IRREVOCABLY FOREVER RELEASE, DISCHARGE, AND COVENANT NOT TO SUE REVELATION HEALTH LLC, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, HOSTS (INCLUDING THE OWNERS AND LESSORS OF THE PREMISES ON WHICH THE RETREAT TAKES PLACE), SPONSORS, PROMOTERS, ADVERTISERS, ALL PARTICIPANTS IN THE EVENT, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES AND AGENTS OF ANY KIND, AND THE RESPECTIVE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING (EACH A "RELEASEE" AND COLLECTIVELY, THE "RELEASEES"), FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND, ARISING OUT OF, RESULTING FROM, OR BY REASON OF, ANY TORT, CONTRACT, AND/OR STATUTORY CAUSE OF ACTION OF ANY KIND WHATSOEVER WHICH I NOW HAVE OR LATER MAY HAVE (WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN) AGAINST THE RELEASEES IN ANY WAY RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH MY PREPARATION FOR, TRAVEL TO, ATTENDANCE IN AND/OR PARTICIPATION IN THE EVENT, OCCURING BEFORE, DURING, OR AFTER MY ACTUAL PARTICIPATION IN THE EVENT, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ANY INJURY, ILLNESS, DAMAGE, LOSS, OR HARM TO ME OR MY PROPERTY, OR MY DEATH. THE RELEASED CLAIMS SHALL INCLUDE, WITHOUT LIMITATION, THOSE BASED ON NEGLIGENCE OR GROSS NEGLIGENCE, WRONGFUL DEATH, PERSONAL INJURY, INFLICTION OF EMOTIONAL DISTRESS (BOTH NEGLIGENT AND INTENTIONAL), PRODUCTS LIABILITY, BREACH OF CONTRACT, FRAUD, FRAUDULENT INDUCEMENT, FRAUDULENT CONCEALMENT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWED UNDER APPLICABLE LAWS, LIBEL, SLANDER, DEFAMATION, STATUTORY AND COMMON LAW INVASION OF PRIVACY, INTRUSION UPON SECLUSION OR SOLITUDE OR INTO PRIVATE AFFAIRS, PUBLIC DISCLOSURE OF PRIVATE FACTS, FALSE LIGHT, VIOLATION OF THE RIGHT OF PUBLICITY OR PERSONALITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR LOSS OF EARNINGS OR POTENTIAL EARNINGS, WHETHER CAUSED BY ANY OF THE RELEASEES OR ANY OF THE OTHER PARTICIPANTS IN THE EVENT OR OTHER THIRD PARTIES. THE RELEASE EXTENDS TO ANY AND ALL CLAIMS I HAVE OR LATER MAY HAVE AGAINST THE RELEASEES INCLUDING, BUT NOT LIMITED TO, CLAIMS RESULTING FROM OR ARISING OUT OF (I) THE RELEASEES’ ACTS OR OMISSIONS IN CONNECTION WITH THE EVENT (WHETHER BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE EVENT); (II) THE CONDITIONS, QUALIFICATIONS, INSTRUCTIONS, RULES OR PROCEDURES UNDER WHICH THE EVENT IS CONDUCTED; (III) ANY MEDICAL TREATMENT RECEIVED; AND/OR (IV) ANY OTHER CAUSE. THIS AGREEMENT SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
6. HEREBY AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) OF ANY NATURE WHATSOEVER, BY WHOMEVER ASSERTED, WHICH THEY MAY INCUR OR SUFFER ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO (A) ANY BREACH OR ALLEGED BREACH OF ANY AGREEMENT, COVENANT, REPRESENTATION, WARRANTY MADE BY ME IN THIS AGREEMENT OR (B) MY TRAVEL IN CONNECTION WITH, AND PREPARATION FOR, ATTENDANCE AND PARTICIPATION IN THE EVENT OR THE ACTIVITIES ASSOCIATED WITH THE EVENT, WHETHER OCCURRING BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE EVENT, INCLUDING, WITHOUT LIMITATION, ANY INJURY, ILLNESS, DAMAGE, LOSS, HARM OR DEATH I OR ANY THIRD PARTIES MAY SUFFER THEREFROM AND ANY STATEMENT, ACTION OR OMISSION OF MINE DURING OR IN CONNECTION WITH THE EVENT OR RESULTING DIRECTLY OR INDIRECTLY FROM THE EVENT (WHETHER BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE EVENT).
7. ACKNOWLEDGE AND UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASEES WILL NOT BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, I ACKNOWLEDGE AND UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE RELEASEES’ TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE EVENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED MY COST OF ADMISSION TO THE EVENT. I ACKNOWLEDGE AND UNDERSTAND THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND MY PARTICIPATION IN THE EVENT. IN THE EVENT THAT ANY LITIGATION OR ARBITRATION IS BROUGHT BY ME OR THE RELEASEES, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ALL THE REASONABLE COSTS, ATTORNEYS’ FEES AND OTHER EXPENSES INCURRED BY SUCH PREVAILING PARTY IN THE LITIGATION OR ARBITRATION.
8. ACKNOWLEDGE AND UNDERSTAND that any dispute, controversy, or claim (collectively, “Claims”) arising out of or related to this Agreement, or the creation, validity, interpretation, breach, or termination of this Agreement will be resolved under Pennsylvania law. All parties agree that all Claims shall be finally and exclusively resolved by binding arbitration, under the Expedited Arbitration rules of the American Arbitration Association. Such arbitration will be held in the City of Pittsburgh, Pennsylvania, and may be initiated by any party by sending a written notice request arbitration to the other parties. The parties agree not to contest personal jurisdiction or venue in connection with any such proceeding.
9. ACKNOWLEDGE AND UNDERSTAND that this document constitutes the entire agreement and understanding between the parties concerning the subject matter hereof, and supersedes all prior or contemporaneous communications, whether electronic, oral, or written between the parties, and cannot be changed or terminated except by a written instrument signed by the parties hereto.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT If ANY PROVISION OF THIS AGREEMENT SHALL BE DETERMINED TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS AGREEMENT SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT AND ENFORCEABLE.