2021 Muster Waiver
RELEASE OF LIABILITY WAIVER
INFORMED CONSENT/ASSUMPTION OF RISK: In consideration of the services of Echelon Front, LLC their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as “EF”) I agree as follows:
Although EF has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, EF has informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. EF does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks.
I am aware that EF entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.
I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of EF has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.
RELEASE: In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by Echelon Front, and with my full understanding of all of the above, I hereby waive, release and discharge Echelon Front and its agents, officers, principals and employees and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in Echelon Front’s leadership event and morning workout sessions, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf.
PHYSICAL CONDITION: I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation or use of equipment or machinery. I acknowledge that I have been informed that participation in the morning workout sessions is voluntary and I may need a physician’s approval to participate in these activities. I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in the exercise activities without the approval of my physician and do hereby assume all responsibility for my participation in said activities.
INDEMNIFICATION: I recognize that there is risk involved in the types of activities offered by Echelon Front. Therefore, I accept financial responsibility for any injury that I may cause either to myself or to any other participant due to my active or passive negligence. Should Echelon Front, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Echelon Front, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent act or omission, whether active or passive, or intentional act or omission while participating in the offered activities.
USE OF PICTURE(S)/FILM/LIKENESS: I agree to allow Echelon Front, its agents, officers, principals, employees and volunteers to take picture(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for this purpose, I agree that I must inform Echelon Front of this in writing.
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATED TO COVID-19
Before participating in the Extreme Ownership MUSTER, please review the following information and submit it you agree to the terms of this Assumption of Risk and Waiver of Liability Related to COVID-19 (“Release”).
Echelon Front, LLC (“EF”) takes the coronavirus pandemic very seriously and has put in place a Safety Action Plan 1 to help reduce the spread of SARS-CoV-2 pursuant to the guidelines of the Centers for Disease Control and Prevention2 (“CDC”) and in compliance with Federal3, State4 and local5 guidelines, rules, and regulations. However, even with these preventative measures, EF cannot guarantee that you will not become exposed to SARS-CoV-2 or infected with COVID-19. It is possible that attending the EF FTX may place you in close physical contact with attendees, staff, vendors, and other persons at EF FTX Events (“EF Events”), which could increase the risk that you could be exposed to or contract SARS-CoV-2.
In consideration for entry to EF Events, the undersigned, on behalf of myself, invitees, representatives, assignees, executors, heirs, employees, and, if applicable, on behalf of my minor child or children (collectively, “I”) agree that at any time while I am at EF Events, SARS-CoV-2 exposure or COVID-19 infection could result in personal injury, illness, sickness, disease, permanent disability, or death. I understand SARS-CoV-2 exposure or COVID-19 infection while at EF Events may result from the actions, omissions, or negligence of myself, or others.
ASSUMPTION OF THE RISK: I hereby acknowledge and assume the foregoing risk of any personal injury—including, but not limited to, sickness and disease, bodily injury, damage, and death attributable to any cause, including communicable diseases such as COVID-19. I assume the risk of ordinary negligence of EF, and its managers, members, owners, employees, representatives, agents, volunteers, officials, affiliated and associated agents, companies, and organizations, that own or are responsible for EF Events (collectively, “Released Parties”). I assume the risk of negligent compliance, supervision, or enforcement of the Safety Action Plan by the Released Parties as well as negligent compliance with any rules or regulations by others who are at the any locations in use by Echelon Front at any time.
RELEASE AND WAIVER OF LIABILITY: I hereby fully and forever release, waive, and discharge the Released Parties from any claims, demands, actions, causes of action, liabilities, damages, costs, or expenses that I may have against the Released Parties arising from the Released Parties’ active or passive negligence or out of my actions or inaction, including, but not limited to, any misrepresentations about my health during EF Events.
AGREEMENT FOR ACCESS: I agree that I will not be allowed to enter EF Events if my temperature is higher than 99° Fahrenheit, and that I have not tested positive or been in contact with anyone who has tested positive for COVID-19 within two weeks of attending EF Events. At all times during EF Events, I will wear a face mask and will practice social distancing to the best of my abilities. I agree to accept email and text messages from EF Events.
ARBITRATION: YOU AND EF AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO EF EVENTS OR THE VIOLATION, ENFORCEMENT, OR INTERPRETATIONS OF THIS RELEASE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, WILL BE DETERMINED BY ARBITRATION WITH JUDICIAL ARBITRATION AND MEDIATION SERVICES (JAMS) IN ITS DALLAS, TEXAS OFFICE. THE ARBITRATION WILL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AND TO THE EXTENT NECESSARY WILL COMPLY WITH THE JAMS CONSUMER MINIMUM STANDARDS FOR ARBITRATION PROCEDURES.
Judgment on the award may be entered in any court having jurisdiction. This clause does not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
This Release and the rights of the parties hereunder is governed by and will be construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Release evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16).
In any arbitration arising out of or related to this Release, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
I agree this Release extends to all acts of ordinary negligence of Released Parties and is intended to be as broad and inclusive as is permitted by law. If any portion of this Release is held invalid, the remaining potions will continue to have full legal force and effect.