RELEASE & WAIVER AGREEMENT
42Geeks Inc. (“42Geeks”) is thrilled to have You participate in the 42Geeks Tour (as described at 42geeks.com)! Participation is a unique privilege, so in order for You to participate, You must agree to the following terms and conditions. “You” or “Your” means the individual listed at the bottom of this form.
You agree that You will: not associate 42Geeks with public content, posts, and/or links; and not tag or link to 42Geeks in any public material, social media or blog posts; in each case, other than those that relate exclusively to events or activities (a) on an official 42Geeks agenda or itinerary provided by 42Geeks or (b) sanctioned by 42Geeks.
In exchange for allowing You to participate in the 42Geeks Tour, to the fullest extent allowed by applicable law, You also: assume all risks associated with Your participation in 42Geeks, known or unknown, inherent or otherwise; agree to release, defend, indemnify and hold harmless, and promise never to assert any claims or causes of action against, 42Geeks and/or its insurers, successors, commercial and/or corporate affiliates and/or partners, agents, employees, representatives, assignees, officers, directors, managers, members and/or shareholders with respect to any and all liability and/or claims for injury or death to persons or damage to property arising from Your participation in 42Geeks, including without limitation, any injuries and/or damages caused by any party’s negligence; and hereby grant 42Geeks (and its affiliates, successors and assigns) the perpetual, irrevocable, royalty-free, fully paid-up right to use and disseminate Your name, likeness, and any image(s) (including, without limitation, videos) of You collected while participating in 42Geeks and related events. You also agree to grant 42Geeks permission to contact you for future trips and events, and to share your contact with our partners, local hosts and sponsors.
This agreement shall be governed by Delaware law, without regard to the conflicts of laws provisions thereof. You agree that all claims, suits, demands and other actions relating to or arising out of 42Geeks shall be subject to the exclusive jurisdiction of the state and federal courts located in Lewes, Delaware. This agreement shall be binding to the fullest extent permitted by applicable law. If any part of this agreement is deemed to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. This agreement shall be binding upon Your assignees, subrogees, distributors, heirs, next of kin, executors and personal representatives.
COVID-19 Liability Waiver and Assumption of Risk
In consideration of being allowed to participate in the 42Geeks Tour, the below signed participant agrees as follows:
I am aware that the novel coronavirus (“COVID-19”) is an extremely contagious virus and that it is currently believed that COVID-19 spreads through person-to-person contact.
I am familiar with the Center for Disease Control and Prevention (”CDC”) guidelines regarding COVID-19, which are located at https://www.coronavirus.gov. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day-to-day, and that the CDC guidelines are regularly modified and updated. I accept full responsibility for familiarizing myself with the most recent updates, and making informed choices to take precautionary measures to protect myself and others.
In addition to the CDC guidelines, I agree to abide by any and all policies or postings published to the general public. I agree to wear a mask if required by the country, venue, or 42Geeks management.
I attest that I have been fully vaccinated against Covid-19.
By signing this agreement, I acknowledge that I am aware of the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others.
I agree that, in the event that I suspect I became exposed to or infected by COVID-19 and I elect to seek testing and/or treatment as a result therefrom, I will be responsible for payment of any and all medical services and testing services.
I voluntarily choose to assume all of the foregoing risks and accept sole responsibility for any injury, illness, permanent disability, or death related to COVID-19 arising from or in connection with my presence at the gathering. I hereby release and hold harmless 42Geeks Inc, their employees, agents, directors, officers and representatives and other participants from and against all liabilities (statutory or otherwise) for claims, suits, demands, judgments, costs, interest and expense (including but not limited to attorney’s fees and disbursements) for injury, illness, permanent disability, or death related to COVID-19 arising from or in connection with my presence at the gathering, EVEN IF ARISING FROM THE NEGLIGENCE, ACTS OR OMISSIONS OF THE RELEASED PARTIES.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING UP I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.