FUND LAUNCH LIVE WAIVER AND RELEASE OF LIABILITY (“Release”)
IN CONSIDERATION OF the risk of injury that exists while participating in Brains LLC’s Fund Launch Live seminars and ancillary promotional activities which may include, without limitation, race car driving, go kart racing, dining, air/car travel, alcoholic beverage consumption, and other educational and promotional diversions related thereto (each a “Promotional Activity” or collectively the “Promotional Activities”) on the approximate dates of April 27-30, 2022, in Las Vegas, Nevada at various locations including, but not limited to seminars conducted at the JW Marriott in Summerlin Nevada, and racing activities at the Las Vegas Motorsports Park; and
IN CONSIDERATION OF my desire to participate in said Promotional Activities and being given the right to participate in some or all of the Promotional Activities on the above approximate dates;
I HEREBY, am over the age of 18, and for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”), I knowingly and voluntarily enter into this ACTIVITY WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Promotional Activities; and
I HEREBY release and forever discharge Brains LLC, its affiliates, employees, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Released Parties”), from any injury or cause of action whatsoever, including but not limited to physical, financial or psychological injury that I may suffer as a direct or indirect result of my participation in the Promotional Activities.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED PROMOTIONAL ACTIVITIES AND I AM PARTICIPATING IN THE PROMOTIONAL ACTIVITIES ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE PROMOTIONAL ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE PROMOTIONAL ACTIVITIES, OR FROM CONDITIONS AT ANY PROMOTIONAL ACTIVITY LOCATION(S). NONETHELESS, I VOLUNTARILY ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THE PROMOTIONALACTIVITIES.
I FURTHER AGREE to indemnify, defend and hold harmless the Released Parties against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by or through me or anyone on my behalf, related in any way to my participation in the Promotional Activities, including attorney’s fees and any related costs.
I FURTHER AGREE that any dispute between me and the Released Parties concerning this Release or my participation in the Promotional Activities shall be resolved exclusively and only by arbitration under the American Arbitration Association Commercial Rules, in Salt Lake County, Utah, and in addition to any other award the prevailing party shall be entitled to recover all of its costs and attorney fees from the non-prevailing party.
I FURTHER ACKNOWLEDGE that the Released Parties are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific Promotional Activity on behalf of the Released Parties. In the event that I should require medical care or treatment, and am unable to give direction, I authorize anyone to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I represent to the Released Parties that I have health insurance which will completely cover any injury I might sustain in any of the Promotional Activities.
I FURTHER ACKNOWLEDGE that I will not participate in any Promotional Activity unless I am medically able and properly trained to participate in any Promotional Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE BRAINS LLC TOGETHER WITH ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of the Released Parties, and all of their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns.
I agree that this Release shall be governed for all purposes by law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all damages and costs associated with any such actions.
VIDEO AND PHOTO CAPTURE: I acknowledge that the Promotional Activities are being sponsored by the Released Parties which may record or photograph the Promotion Activities and my likeness while participating in the same, and all such recording or photography of my image or likeness while participating in any Promotional Activity on any media is the sole and exclusive property of the Released Parties, which may be used by the Released Parties for any promotional purpose without cost or royalty forever.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE PROMOTIONAL ACTIVITIES, DURING THE INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.