PARTICIPANT WAIVER AND RELEASE
In consideration for participating in a NEXUS event or program (an “Event”), I agree to the following:
- All of NEXUS’s affairs and projects and all persons involved therein are and shall be kept strictly confidential, as they are matters that are personal, private and proprietary to and may constitute the trade secret information of NEXUS. Accordingly, I shall not disclose the terms and provisions of this agreement, or any and all non-public information, materials, plans and matters relating in any way to the Event, or NEXUS’s business or affairs (all of the foregoing collectively referred to as “Confidential Information”), to any person or entity not a party to this agreement.
- I acknowledge and agree that any such disclosure of Confidential Information may cause NEXUS irreparable injury and damage for which NEXUS shall be entitled to seek and obtain injunctive or other equitable relief. The granting of such equitable relief shall not be construed as a waiver of any other rights in law or equity by NEXUS. In no event shall I be entitled to injunctive or other equitable relief by reason of any breach or threatened breach of this agreement, or for any other reason pertaining hereto, or any use of my name, voice, likeness and/or any biographical material in the Event; nor shall I be entitled to seek to enjoin or restrain the Event or any element thereof.
- I shall not by any means, whether verbally, in writing or via any other form of communication, disparage, defame, impugn, make untruthful comments, damage or assail the reputation, or cause or tend to cause the recipient of a communication to question the condition, integrity, competence, good character, professionalism, services, business practices or product quality of NEXUS or its affiliates, other than as required by law.
- At all times, I will comply with applicable local, State or Federal laws and regulations; and comply to the best of my abilities with any and all NEXUS policies and guidelines, including the “Code of Conduct” available on the NEXUS website (https://nexusglobal.org/code-of-conduct-non-solicitation-policy).
- I understand and acknowledge that as the result of my violation of any of these conduct restrictions, including the NEXUS Code of Conduct, I may be dismissed from participation in the Event, and may be prohibited from participating in future NEXUS events and programs.
- NEXUS may tape and photograph my participation, and shall be the exclusive owner of any such taping, photography and recording with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, use and license others to use, in any manner, all or any portion thereof or of a reproduction thereof in connection with the Event or otherwise. For purposes of clarity, I expressly waive any and all moral rights I may have in connection with my participation.
- On a non-commercial basis, NEXUS may use and license others to use my name, voice, likeness and any biographical material concerning me that I may provide, in any and all media and in the promotion, advertising, sale, publicizing and exploitation of the Event and/or otherwise and ancillary products (e.g., merchandise), strictly in connection with the Event and/or NEXUS’s affiliated services, throughout the world in all media (whether now known or hereafter devised), an unlimited number of times in perpetuity. I further represent that any statements made by me during my services are true, to the best of my knowledge, and that neither they nor my services will violate or infringe upon the rights of any third party.
Injury and Damages Waiver:
- I hereby acknowledge that participation in NEXUS programs may involve activities that are inherently dangerous (including without limitation, activities that may present threats to my health and life, and/or strenuous physical activity), and I hereby voluntarily assume any and all risks, known or unknown, associated with my services in connection with the Event. I agree to defend, indemnify and hold harmless and to voluntarily release, discharge, waive and relinquish any and all actions or causes of action against NEXUS, from any and all claims, demands and liabilities (including, but not limited to, personal injury, bodily harm, property damage, theft, emotional distress and wrongful death) resulting in any manner from my services in connection with the Event.
- I acknowledge and understand that it is of the essence to this agreement, and I hereby agree unconditionally and irrevocably, to release and forever discharge the NEXUS, each of the other participants, any and all assignees, each one of them and each of their respective affiliates, licensees, successors and assigns, and the officers, director, employees, contractors, partners, shareholders, representatives, members and agents of all of the forgoing (collectively, the “Released Parties”), from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, reasonable attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the “Released Claims”) in any way directly or indirectly related to or arising directly or indirectly out of my participation, including without limitation: (i) services in connection with an event, or activities associated with the production, post-production, promotion and exploitation of an event or any element thereof, including without limitation claims for any injury, illness, damage, loss, theft or harm to me or my property, and any and all claims, demands, damages, costs, expenses and causes of action that I may now have or may hereafter have or suffer due to or in any way arising out of any act or omission of any Released Party; and/or (ii) my own actions and/or the actions of other participants; (iii) any loss or damage to property and/or equipment; (iv) the actions of any unrelated third parties invited by me; and/or (v) the production, promotion, or other exploitation of an event or any element thereof by NEXUS and/or any other assignee or based upon failure or omission to make use thereof.
- The Released Claims shall include, but not be limited to, those based on negligence of any of the Released Parties, products liability, breach of contract (excluding breach of this agreement), breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, invasion of privacy, right of publicity or personality, misappropriation, intentional infliction of emotional distress, negligent infliction of emotional distress and infringement of copyright. I hereby unconditionally and irrevocably agree that I will not sue or make any claim against any of the Released Parties with respect to the Released Claims.
- I acknowledge understanding the contagious nature of COVID-19 and voluntarily assume the risk of exposure to or infection with COVID-19. I further understand that such exposure or infection may result in personal injury, illness, permanent disability or death, and that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions or negligence of others, including, but not limited to, NEXUS staff, volunteers and other program participants and/or their families.
- I voluntarily agree to assume all risks and accept sole responsibility for any COVID-19 exposure or infection, including, but not limited to, personal injury, disability or death, as well as any other illness, damage, loss, claim, liability or expense of any kind (collectively, the “Claims”), that I may experience or incur in connection through attending a NEXUS event or other program.
- I hereby release, covenant not to sue, discharge and hold NEXUS harmless from and against any and all COVID-related Claims of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions or negligence of NEXUS, and whether a COVID-19 infection occurs before, during or after participation in any Event.
- I acknowledge that if any provision of this Waiver and Release of Liability is declared invalid, the remaining provisions will remain enforceable. I understand that may seek advice from legal counsel before signing this Assumption of Risk and Waiver of Liability, and that by signing, I acknowledge either having sought advice of legal counsel or waiving the opportunity to do so.
- I represent and warrant that I have the legal authority to sign this Agreement, I have read and understood the terms herein, and I enter into the agreement voluntarily in consideration of the opportunity to participate in the Event. I further acknowledge I am waiving legal rights/remedies that may be available to me.
- I acknowledge that this agreement is intended to be as broad and inclusive as permitted by the laws of California, and that this agreement shall be governed by and interpreted in accordance with the laws of California. Accordingly, to the extent applicable law would limit this the foregoing paragraph in any way, or invalidate any provisions thereof, such limitation or invalid provision shall not operate to invalidate the paragraph in its entirety; rather, this section shall be deemed to operate and to be effective to the maximum extent permitted by law.
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