ASSUMPTION OF RISK, WAIVER AND RELEASE FOR ECHELON FRONT EVENTS – FTX 007
INFORMED CONSENT/ASSUMPTION OF RISK: In consideration of the services of Echelon Front, LLC their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as “EF”) I agree as follows:
I understand and agree that the activity I will be doing with EF has inherent risks. I agree that EF has taken reasonable steps to provide me with appropriate equipment and skilled guides, and I have no reason to believe otherwise. I agree that certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. I understand these risks can include loss or damage to my equipment or property, accidental injury, illness, or in extreme cases, permanent trauma or death. I understand that EF does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. I understand that other unknown or unanticipated, inherent risks may result from the activity.
I agree to assume all risks, and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.
I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of EF has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.
ASSUMPTION OF COVID-19 RISKS: The World Health Organization declared the novel coronavirus, COVID-19, a worldwide pandemic on March 11, 2020, and variants of the virus are still highly transmissible and can be dangerous, particularly with pre-existing conditions and/or if you continue to be unvaccinated or have not obtained appropriate booster shots. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. Regardless of the steps EF takes to comply with Center for Disease Control (CDC) guidelines and applicable federal, state and local law and regulations, I am fully aware that there is a continuing risk to my health from being exposed to and contracting a variant of COVID-19 from individuals, surfaces, and airborne particles. I understand that contracting COVID-19 could result in serious medical symptoms requiring medical treatment in a hospital or could possibly lead to death. I further understand that no actions by EF will guarantee that I will not contract COVID-19. On behalf of myself and my heirs, successors, and assigns, by accessing and using the Property, I knowingly and freely assume all risks, both known and unknown, related to COVID-19 and any other airborne virus, including influenza, including all illnesses, injuries, damages or death arising therefrom.
RELEASE: In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by Echelon Front, and with my full understanding of all of the above, I hereby waive, release and discharge Echelon Front and its agents, officers, principals and employees and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in Echelon Front’s leadership events, morning workout sessions, or other EF events, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf. This release of liability is made freely and voluntarily.
PHYSICAL CONDITION: I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation or use of equipment or machinery. I acknowledge that I have been informed that participation in the morning workout sessions is voluntary and, depending on my health, I may need a physician’s approval to participate in these activities. I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in the exercise activities without the approval of my physician and do hereby assume all responsibility for my participation in said activities. Specifically regarding COVID-19 and other airborne viruses, by signing below, I acknowledge that if I experience any cold or flu-like symptom (fever, cough, shortness of breath, etc.) or test positive for COVID-19 in the 14 days leading up to the event or if I come into close contact with or care for someone diagnosed with COVID-19 in the 14 days leading up to the event, I will notify the EF Team and I understand that I may be prohibited by the EF Team from attending and that I may need to forfeit payment made to EF for the event. I agree that I will frequently wash my hands and use hand sanitizer as appropriate. I understand that EF reserves the right to deny me entry to the extent I demonstrate symptoms of COVID-19 or if entry to an EF event presents an unreasonable health hazard to other EF event participants.
INDEMNIFICATION: I recognize that there is risk involved in the types of activities offered by EF. Therefore, I accept financial responsibility for any injury that I may cause either to myself or to any other participant due to my active or passive negligence. Should Echelon Front, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to pay such fees and costs, indemnify and defend EF. I further agree to indemnify and hold harmless Echelon Front, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my own negligent act or omission, whether active or passive, or intentional act or omission while participating in the offered activities.
USE OF PICTURE(S)/FILM/LIKENESS: I agree to allow Echelon Front, its agents, officers, principals, employees and volunteers to take picture(s), film and/or likeness of me for advertising purposes. I acknowledge and accept the risk associated with any aerial photography (or airborne imagery) whether taken by drone or otherwise which may be used by Echelon Front. In the event I choose not to allow the use of the same for this purpose, I agree that I must inform Echelon Front of this in writing.
ARBITRATION: YOU AND EF AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO EF EVENTS OR THE VIOLATION, ENFORCEMENT, OR INTERPRETATIONS OF THIS RELEASE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, WILL BE DETERMINED BY ARBITRATION WITH JUDICIAL ARBITRATION AND MEDIATION SERVICES (JAMS) IN ITS SAN DIEGO, CALIFORNIA OFFICE. THE ARBITRATION WILL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AND TO THE EXTENT NECESSARY WILL COMPLY WITH THE JAMS CONSUMER MINIMUM STANDARDS FOR ARBITRATION PROCEDURES.
Judgment on the award may be entered in any court having jurisdiction. The laws of the State of California will apply to this Release. This clause does not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
In any arbitration arising out of or related to this Release, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
I agree this Release extends to all acts of ordinary negligence of Released Parties and is intended to be as broad and inclusive as is permitted by law. If any portion of this Release is held invalid, the remaining potions will continue to have full legal force and effect.
I HAVE FULLY READ AND FULLY UNDERSTAND THE FOREGOING ASSUMPTION OF RISK, AND RELEASE OF LIABILITY AND I UNDERSTAND THAT BY SIGNING IT OBLIGATES ME TO INDEMNIFY THE PARTIES NAMED FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY MY NEGLIGENT OR INTENTIONAL ACT OR OMISSION. I UNDERSTAND THAT BY SIGNING THIS FORM I AM WAIVING VALUABLE LEGAL RIGHTS.