FTX WAIVER | Echelon Front

Extreme Ownership FTX 003 Waivers

St. Louis, MO

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ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATED TO COVID-19
Before participating in the EF FTX (“EF Events”), please review the following information and submit if 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 to help reduce the spread of SARS-CoV-2 pursuant to the guidelines of the Centers for Disease Control and Prevention [1] (“CDC”) and in compliance with Federal,[2] State, and local 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 EF Events may place you in close physical contact with attendees, staff, vendors, and other persons at 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 any locations in use by EF 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 enter EF Events if my temperature is higher than 99° Fahrenheit or if I have any COVID-19 symptoms listed by the CDC[3], including, but not limited to, cough, loss of taste/smell, or shortness of breath. I further agree 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. I understand that EF will not enforce any mask or social distancing restrictions at EF Events and that my participation is at my own risk. 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 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 determines 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 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.

[1] https://www.cdc.gov/coronavirus/2019-ncov/index.html

[2] https://www.usa.gov/coronavirus

[3] https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html
Name*
First Last
Phone*
(###) ###-####
Email*
Signature
By signing and submitting your information, you confirm that you are over the age of eighteen and you agree to the terms as outlined above.
Signature
Date
MM slash DD slash YYYY

RELEASE OF LIABILITY WAIVER
INFORMED CONSENT/ASSUMPTION OF RISK: In consideration for being allowed to participate in the live field training events and activity sessions involving leadership training and personal fitness activities lead by Echelon Front, LLC, I declare that I have been informed, understand, and am aware that strength, flexibility, and aerobic exercises, are potentially hazardous activities. I also have been informed, understand, and am aware that such activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities with the full knowledge, understanding, and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death.
Intials*
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.
Intials*
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.
Intials*
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.
Intials*
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.
Intials*
I HAVE FULLY READ AND FULLY UNDERSTAND THE FOREGOING ASSUMPTION OF RISK, AND RELEASE OF LIABILITY AND I UNDERSTAND THAT BY SIGNING IT OBLIGATES ME TO INDEMNIFY THE PARTIES NAMED FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY MY NEGLIGENT OR INTENTIONAL ACT OR OMISSION. I UNDERSTAND THAT BY SIGNING THIS FORM I AM WAIVING VALUABLE LEGAL RIGHTS.
Signature*
Date
MM slash DD slash YYYY

Bing Field Waiver
Express Assumption of Risk Associated with Recreational Activities. I, hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the recreational activity generally described as Paintball/Airsoft, including the rental of equipment and transportation associated therewith of which I am about to engage in. Inherent hazards and risks include but are not limited to:

1. Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death.

2. Possible equipment failure and/or malfunction of my own or other’s equipment.

3. This activity takes place outdoors and therefore includes risks associated with exposure to elements, excessive heat, hypothermia, impact of the body upon the water, injection of water into my body orifices, encountering objects either natural or man-made, exposure to animals with the attendant risks of kicking, biting, running off or otherwise moving in an unanticipated manner causing injury and/or death.

4. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, rapids, weather, trails, and route location.

5. Attack by or encounter with insects, reptiles, and/or animals.

6. Accidents or illness occurring in remote places where there are no available medical facilities.

7. Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.

*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death Release of Liability, Waiver of Claims and Indemnity Agreement In consideration for being permitted to participate in the activity(ies) described above the related activities, I hereby agree, acknowledge and appreciate that.

1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releases.

2. To release the releasees, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify there in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.

3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforced.

4. BB’s and Paintballs used at the Bing Field will be purchased on location or from the BingShop. All others brought on to the premises will be disposed of. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforced.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN U
Name*
First Last
Address*
Street Address Address Line 2 City State ZIP Code
Email*
Signature*
Date
MM slash DD slash YYYY
Phone
For Participants of Minority Age, this is the clarify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heir, assigns, and next of kin.
Name Of Minor
First Last
Name Of Parent Or Guardian
First Last
Signature of Parent or Guardian of Minor Participant (Under 18 years of age)
Date of Birth
MM slash DD slash YYYY

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