ELECTRIFY EXPO: ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY

The individual named below (referred to as “I” or “me”) desires to enter, attend, observe, explore, experience or otherwise participate in, or in any other way be involved for any purpose with (collectively, “Attend and Participate”), [an e-mobility festival featuring information and access to a variety of electric mobility brands including the opportunity to drive electric vehicles, ride e-bikes, e-motorcycles, e-scooters, e-motorbikes, e-foils, e-surfboards, e-skateboards and other forms of electric transportation including autonomous vehicles (the “Electrify Expo”) produced by Electrify Expo, LLC, a Texas limited liability company (the “Company”).  In consideration of being permitted by the Company to Attend and Participate in the Electrify Expo and in recognition of the Company’s reliance hereon, I, on behalf of myself, my personal representatives, my heirs, next-of-kin, insurers, successors and assigns, agree to all the terms and conditions set forth in this instrument (the “Waiver and Release”).

1. ASSUMPTION OF RISK.

A. Inherent Hazards:  I am aware that the Electrify Expo takes place on mechanical equipment including cars, trucks, bikes, motorcycles, skateboards, scooters, one-wheeled vehicles, watercraft and other forms of transportation that poses inherent hazards and is conducted on land, trails or terrain that pose additional risks, dangers and hazards including, but not limited to: uneven terrain, holes, drains, fencing, cones, bike rack, banners, branding, signage, ballast weights, ropes and tie downs, trees and tree stumps; creeks; rocks and boulders; forest deadfall; depressions on or beneath the land surface; cliffs; variable and difficult terrain, water, dirt, mud, snow, crevasses, travel on roads, road banks, fences, and other man-made structures, changing weather conditions, encounters with hunters or domestic or wild animals, uneven ground or pavement, and other exhibitors and attendees, any of which may involve, cause or result in drowning; falling; negligence of other persons; mechanical failure of an Exhibitor’s equipment or product, impact or collision with other persons or equipment; and failure to operate equipment safely or within one’s own ability.  

B. Potentially Dangerous Activity:  I AM AWARE AND UNDERSTAND THAT THE ELECTRIFY EXPO IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND OR PROPERTY DAMAGE.  I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY MY OWN ACTIONS, OMISSIONS OR NEGLIGENCE, THE ACTIONS, OMISSIONS OR NEGLIGENCE OF OTHERS, INCLUDING, WITHOUT LIMITATION, THE COMPANY OR THE COMPANY’S EXHIBITORS AT THE ELECTRIFY EXPO, ANY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS, INCLUDING, WITHOUT LIMITATION, OF THE COMPANY OR ITS EXHIBITORS, AND THE CONDITION OF THE FACILITIES, EQUIPMENT OR VEHICLES.  NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY AGREEING TO ATTEND AND PARTICIPATE IN THE ELECTRIFY EXPO WITH AN EXPRESS UNDERSTANDING OF THE RISKS AND DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH OR PROPERTY DAMAGE ARISING FROM MY ATTENDANCE AND PARTICIPATION IN THE ELECTRIFY EXPO, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY, ITS EXHIBITORS, MYSELF OR OTHERWISE.  I UNDERSTAND AND I HAVE CONSIDERED THE RISKS INVOLVED, AND I VOLUNTARILY AND FREELY CHOOSE TO ASSUME THESE RISKS.  

2. PUBLIC HEALTH WAIVER.

A. Disease Waiver:  I am aware of the highly contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (“COVID-19”), any COVID-19 variants and any other infectious diseases (collectively, the "Disease") and the risk that I may be exposed to or contract the Disease or other infectious diseases by being on the premises of the Electrify Expo (the “Premises”) and engaging in and Attending and Participating in the Electrify Expo. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including, without limitation, the Company, its employees and exhibitors and their staff. I understand that while the Company takes reasonable measures to follow all federal, state, and local laws, orders, directives and guidelines related to the Disease the Company cannot guarantee that I will not become infected with the Disease or other infectious diseases while on the Premises and that being on the Premises may increase my risk of contracting the Disease. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE, I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING THE PREMISES TO ENGAGE, ATTEND AND PARTICIPATE IN THE ELECTRIFY EXPO WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO THE DISEASE, ARISING FROM MY BEING ON THE PREMISES OR ENGAGING, ATTENDING AND PARTICIPATING IN THE ELECTRIFY EXPO, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

B. Disease Covenants:  I am familiar with federal, state, and local laws, orders, directive and guidelines related to the Disease, including state Departments of Public Health and Centers for Disease Control and Prevention (CDC) guidance to the Disease.  I will comply with all such orders, directives, and guidelines that Electrify Expo may impose at the Premises on any given event day. I agree not to enter the Premises if I am experiencing symptoms of the Disease (such as fever, cough, shortness of breath), have a confirmed or suspected case of the Disease, or have come in contact in the last fourteen (14) days with a person who has been confirmed to have or is suspected of having the Disease.  Premises and safety rules will be updated as the state Departments of Public Health and CDC release new requirements. I understand that participation in the Electrify Expo requires my agreement to the guidelines set forth in this Waiver and Release.

C. COVID-19 Screening Requirements: I agree that I may NOT enter the Premises unless I am able to affirm each of the following statements:  

• To the best of my knowledge, I do not have COVID-19.
• To the best of my knowledge, I have not been exposed to or in close proximity to any individual who tested positive for COVID-19 within the last fourteen (14) days.
• Neither I nor any member of my household have tested positive for COVID-19 within the past fourteen (14) days.
• I have had no symptoms of any fever, cough, shortness of breath, sore throat, chills, muscle or body aches, loss of smell or loss of taste, fatigue, nausea or vomiting, diarrhea, headache or fatigue within the last fourteen (14) days.
• I agree to wear a mask at all times or as otherwise expressly directed, if one is required at the Premises on the day of the event.
• I agree to practice social distancing.

I UNDERSTAND THAT IF I DO NOT COMPLY WITH THESE GUIDELINES OR REFUSE TO COMPLY, I WILL NOT BE ALLOWED INTO THE EVENT.

I am participating in the Electrify Expo at my own volition and am responsible for my own health. The Company is in no way liable for any present or future Disease incurred at any time by any person, INCLUDING MYSELF, in attendance or not in attendance, before, during or after the Electrify Expo event that I Attend and Participate. I understand the Disease is continually changing which means these guidelines may be adjusted as needed throughout my Attendance and Participation at the Electrify Expo.

3. PUBLICITY WAIVER

A. Name and Likeness:  The Company desires to use and publicize my name, likeness, and other personal characteristics and personal information for advertising, promotion, and other commercial and business purposes as also explained in the Electrify Expo Privacy Policy.  In consideration of being permitted by the Company to Attend and Participate in the Electrify Expo and other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I give the Company my permission for such use and publicity for such purposes, according to the terms and conditions set forth in this Waiver and Release.

B. Consent to Use of Name and Likeness:  I hereby irrevocably permit, authorize, grant, and license the Company and its affiliates, successors and assigns, vendors and service providers, exhibitors and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my name, image, likeness, and appearance, voice, professional and personal biographical information, signature and other personal characteristics and private information, and all materials created by or on behalf of the Company that incorporate any of the foregoing ("Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures and other print publications, electronic, magnetic, and optical media, motion pictures, television broadcast, cablecast, and satellite, home video and video on demand, radio broadcasts, display, point-of-sale, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, mobile applications, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of the Company and its affiliates, service providers and exhibitors and each of their respective businesses, products, and services, without further consent from or royalty, payment, or other compensation to me except as otherwise expressly provided in this Agreement.

C. Ownership and Control of Materials:  To the extent permitted by law, the Company shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to the Company my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by the Company, and that the Company has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from Company's editing, alteration, or use of the Materials, or the Company's presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by the Company in the Company's sole discretion. The Company has no obligation to create or use the Materials or to exercise any rights given by this Agreement.

D. Publicity Covenants:  I represent and warrant to the Company that I will provide only true and correct statements and other information in connection with this Agreement, and the Authorized Persons' use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection herewith.

4. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT.

A. Waiver and Release:  I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, whether directly or by subrogation or otherwise, against the Company and its affiliates, officers, managers, members, employees, marketing agencies, contractors, agents, officers or directors, exhibitors, exhibitors’ staff or contractors, exhibitor agencies, vendors, successors and assigns and all others involved in the Electrify Expo (collectively, “Electrify Expo Releasees”), on account of property damage, injury, disability or death (including, without limitation, death or disability that I, or that my next of kin, may suffer resulting from my Attendance and Participation in the Electrify Expo), personal or psychological injury, illness, pain suffering, or financial loss arising out of or attributable to (i) my Attendance and Participation in the Electrify Expo, (ii) my being on the Premises or Attending and Participating in the Electrify Expo and being exposed to or contracting the Disease, and/or (iii) the Company’s exercise of its rights under this Waiver and Release or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, in each case, whether arising out of the ordinary negligence of the Company or any Electrify Expo Releasees or otherwise.

B. Covenant Not to Sue:  I covenant not to make or bring any such claim against the Company or any other Electrify Expo Releasee, and forever release and discharge the Company and all other Electrify Expo Releasees from liability under such claims. This Waiver and Release does not extend to claims for gross negligence, intentional or reckless misconduct or any other liabilities that California law does not permit to be released by agreement.

C. Section 1542 Waiver of Unknown Claims:  I understand that by signing this Waiver and Release, I am waiving any and all claims, of any kind arising out of or attributable to my Attendance and Participation in the Electrify Expo, including those claims that may be unknown to me, or which I do not suspect to exist at this time.  WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, OR ANY OTHER LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES OR OTHER JURISDICTION, OR PRINCIPLE OF COMMON LAW, WHICH IS SIMILAR, COMPARABLE OR EQUIVALENT TO CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES THAT  A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH I DO NOT KNOW OR SUSPECT EXIST IN MY FAVOR AT THE TIME OF EXECUTION OF THIS WAIVER AND RELEASE, WHICH, IF KNOWN BY ME, WOULD HAVE MATERIALLY AFFECTED MY DECISION TO SIGN THIS AGREEMENT.  CALIFORNIA CIVIL CODE SECTION 1542 READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if know by him or her, would have materially affected his or her settlement with the debtor or released party.

D. General Release:  I specifically acknowledge and agree that this document is intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state laws, ordinances, statutes, rules and regulations (collectively, “Applicable Law”), and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW.  

E. Choice of Law:  This Waiver and Release shall be construed and interpreted as broadly as possible under the Applicable Law of the jurisdiction in which the Electrify Expo which I Attend and Participate takes place.

F. Indemnification:  I shall defend, indemnify and hold harmless the Company and all other Electrify Expo 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, fees, the costs of enforcing any right to indemnification under this Waiver and Release, and the cost of pursuing any insurance providers, incurred by or awarded against the Company or any other Electrify Expo Releasees, arising out of or resulting from any claim of a third party related to my Attendance and Participation in the Electrify Expo, including any claims arising out of my own negligence or the ordinary negligence of the Company or the Electrify Expo Releasees and any breach of any representation and warranty or other covenant made by me in this Waiver and Release.

5. COVENANTS

A. Authority:  I represent and warrant to the Company that I am at least eighteen (18) years of age, and I have full right, power, and authority to enter into this Waiver and Release and grant the rights hereunder. I further represent and warrant to the Company that I will provide only true and correct statements and other information in connection with this Waiver and Release, and the Authorized Persons' use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection herewith.

B. Rules:  In addition, I agree to abide by all rules, guidelines, policies, or codes of behavior implemented by the Company, its affiliates, including service providers and exhibitors, and by the owners of the Premises.

6. DATA COLLECTION AND PRIVACY POLICY

A. Collection of Information:  Electrify Expo respects you and the information you share with us. Before entering the Electrify Expo, please read the Electrify Expo Privacy Policy, which incorporated into this Waiver and Release and can be found at electrifyexpo.com and can be seen in Exhibit A. We share and may sell your personal information that you provide during the Electrify Expo and with Electrify Expo Services. The Electrify Expo Privacy Policy sets forth what type of information we collect, how we use and share that information, and your rights concerning that information.  By signing below, you affirmatively consent to our collection and sharing of information pursuant to the Electrify Expo Privacy Policy.  If you desire to opt-out of having your personal information shared with third-parties, please contact Electrify Expo at team at electrifyexpo dot com.

B. Age 13 and under:  We do not collect personal information of individuals thirteen or younger. If you are an individual aged thirteen or younger, you cannot provide personal information to Electrify Expo. Additionally, individuals thirteen or younger may not engage with Electrify Expo Services without parental consent and we do not collect their personal information.  

Privacy Policy Page

7. MISCELLANEOUS

A. Binding Effect: This Waiver and Release shall be binding upon and enforceable against me, my personal representatives, executors, administrators, spouse, assigns, heirs and next of kin, in the event of my death or incapacity, without limitation. It is my intent that the words, terms, provisions, covenants and remedies contained in this Waiver and Release shall be enforceable to the fullest extent permitted by applicable law. If any portion of this Waiver and Release is held invalid, the remainder shall not be affected and shall continue to full legal force and effect. That shall include modifying the Waiver and Release to allow any remaining claims to be waived, released and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Waiver and Release shall continue from this date forever.  This document constitutes the entire agreement between the Company and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters.

B. Jurisdiction and Venue:  Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Austin, Texas, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.

I HAVE READ THIS WAIVER AND RELEASE AND THE ELECTRIFY EXPO PRIVACY POLICY, AND FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAVE SIGNED THIS WAIVER AND RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE OF ANY NATURE BEING MADE TO ME BY THE COMPANY OR ANYONE ELSE AFFILIATED WITH THE ELECTRIFY EXPO.  

BY PURCHASING A TICKET OR RECEIVING ENTRY INTO ELECTRIFY EXPO I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND THAT BY RECEIVING ENTRY INTO THE EVENT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS UNDER THIS WAIVER AND RELEASE, INCLUDING THE RIGHT TO SUE THE COMPANY AND THE ELECTRIFY EXPO RELEASEES, AND I AM PROVIDING THE COMPANY WITH MY ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, ALLOWING THE COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT MY NAME, LIKENESS AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE, ALL IN EXCHANGE FOR THE RIGHT TO ATTEND AND PARTICIPATE IN THE ELECTRIFY EXPO.  

TO ATTEND AND PARTICIPATE AT THE ELECTRIFY EXPO, I AM REQUIRED TO SIGN THIS AGREEMENT. YOUR SIGNATURE, IN ALL FORMS, INCLUDING ELECTRONIC, SHALL HAVE THE SAME LEGAL EFFECT AS A MANUALLY EXECUTED SIGNATURE AND BE DEEMED VALID AND ENFORCEABLE. A COPY OF THIS WAIVER AND RELEASE CAN BE DOWNLOADED BY CLICKING ON THE QR CODE FOUND ON THE [POSTERS] AT THE FRONT ENTRANCE OF THE EVENT OR BY SENDING AN EMAIL TO [https://www.electrifyexpo.com/contact]

This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party’s signature is captured on a device, email, digital signature or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures, including a finger signature capture as executed during the ticketing process at Electrify Expo.

LINK TO ATTENDEE ELECTRIFY EXPO ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY

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