RELEASE AND WAIVER OF LIABILITY
I (referred to as “I” or “me“) desire to attend and participate in the event (whether virtually or in-person) for which I am registering (the “Event”) hosted by MARKETWISE ACADEMY, LLC, a Georgia limited liability company (“Company”), occurring at certain real property described in the registration (the “Property“). In consideration of being able to participate in the event by Company and for being permitted by the owner to enter the Property to enter onto the Property (if attending in-person), and in recognition of the Company’s and the Owner’s reliance hereon, I agree to the terms and conditions:
- ASSUMPTION OF THE RISK. I AM AWARE AND UNDERSTAND THAT ACCESSING THE PROPERTY AND PARTICIPATING IN THE EVENT COULD POSSIBLY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I am aware of the contagious nature of the novel coronavirus disease COVID-19 and the risk that I may be exposed to or contract COVID-19 by being on the PROPERTY and engaging in the EVENT. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage TO ME OR TO SOME PERSON I HAVE CONTACT WITH. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Company AND OWNER employees. I understand that while the Company has implemented preventative measures to reduce the spread of COVID-19, the Company cannot guarantee that I will not become infected with COVID-19. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY OR THE OWNER, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY OR THE OWNER. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PROPERTY AND PARTICIPATING IN THE EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE OWNER OR ANY RELEASEE OR OTHERWISE.
- Release. I hereby expressly waive and release any and all claims, now or hereafter known, against the Company, Owner, and their respective officers, directors, manager(s), employees, agents, affiliates, successors, and assigns (collectively, “Releasees“), on account of (i) injury, disability, death, or property damage arising out of or attributable to my being on the Property or my participation in the Event, whether arising out of the ordinary negligence of the Owner or any Releasees or otherwise, and (ii) any reliance I place on any of the content or information presented, endorsed or otherwise made available at the event. I covenant not to make or bring any such claim against the Owner or any other Releasee, and forever release and discharge the Owner and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Georgia law does not permit to be released by agreement.
- Code of Conduct; Harassment. I hereby acknowledge and agree that Company is dedicated to providing a harassment-free experience for everyone. Harassment includes, but is not limited to, offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion, technology choices, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. If I are asked to stop any harassing behavior, as determined in the Company’s sole discretion, I am expected to comply immediately. If I engage in harassing behavior, in the Company’s sole discretion, the Company and/or any of its agents may take any action they deem appropriate, including warning the offender, expulsion from the event with no refund, and/or contacting law enforcement. At all times during participation in the Event, whether virtually or in-person, I will act professionally in such conduct as is expected of a participant or attendee at a professional event, and Company shall have the right to expel me from the event if at any point it believes, in its sole discretion, I am not fulfilling that obligation. I agree that I will follow all instructions of any onsite property manager or other representative or agent of the Owner while on the Property.
- Video/Photograph Release. I hereby grant Company the irrevocable right and permission to use photographs and/or video recordings of me from the Event (including, arriving to and leaving the Event) on Company’s website and such other websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I also understand and agree that I may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Company. I hereby release, acquit and forever discharge the Company, its current and former agents, officers and employees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
- Intellectual Property. The Event and all of the information and content presented, endorsed or made available during or in connection with the Event is owned by Company and is protected by U.S. and international copyright laws. All such elements, including without limitation, text, information, content, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Company or its licensors, and are protected by U.S. and international copyright laws. You are expressly prohibited from capturing, recording, or otherwise affixing into any other medium any of the content, information, videos, instructions, logos, or images found on the Website.
- Indemnity. I shall defend, indemnify, and hold harmless the Owner and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Owner or any other Releasees arising out of or resulting from any claim of a third party related to my being on the Property or my participation in the Event, including any claim related to my own negligence or the ordinary negligence of the Owner.
- Consent to Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention while on the Property. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Owner from any claim based on such treatment or other medical services.
- Cancellations. I hereby acknowledge and agree that Company does not refund registrations in the event I cannot attend the Event. If you provide us advance notice of your inability to attend an Event, Company may, in its discretion, credit you a registration that can be applied to other Events at a future date. If you provide us advance notice of your inability to attend an Event, you may be able to transfer your registration to another colleague for the same date and location. Please contact us at firstname.lastname@example.org if you are unable to attend an Event.
- Miscellaneous. I represent that I am of legal age to independently enter into this Agreement. This Release constitutes the sole and entire agreement of the Company, Owner and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company, the Owner and me and our respective successors, assigns, heirs, executors, and personal representatives. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the state courts located in Cobb County, Georgia or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and I hereby consent to the exclusive jurisdiction of such courts.
BY ACCEPTING THE TERMS OF THIS AGREEMENT ONLINE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY AND THE OWNER.