DOXAcon Release and Waiver of Liability
By registering for a DOXA Talent, Inc. (“DOXA”) event (“Event”), and for and in consideration of DOXA allowing me to register, attend, and participate in the Event, I, for myself and on behalf of my spouse, children, guardians, heirs, and next of kin, and any legal personal representatives, executors, administrators, successors, and assigns, agree to the following terms (“Release and Waiver”), which include a release and waiver of liability.
I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable law, and additionally agree to waive any general release limitations provided by applicable law or any rights granted to me under applicable law. I acknowledge that I have read and understood all the terms of the covenants and agreements below and that I am voluntarily giving up substantial legal rights, including the right to sue. This Release and Waiver will be construed and interpreted as broadly as possible under applicable law.
- Assumption of Risk. I understand that participation in the Event contains inherent risks and dangers of accidents, including but not limited to risks from transportation, attendance, or participation in any or all activities of the Event. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, including those that may not be known or reasonably foreseeable, and voluntarily choose to assume these risks.
- Release from Liability. I fully and forever discharge and release DOXA and its respective affiliates, directors, officers, managers, shareholders, employees, agents, and insurers, and all others involved in the Event (collectively referred to in this Release and Waiver as “Sponsor”) from all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind to me, my property, or any other person, directly or indirectly arising out of my participation in the Event, even if they are due to the ordinary negligence, injudicious act, omission, or other fault of Sponsor. Note that this waiver and release does not extend to claims for gross negligence, intentional misconduct, or any other actions that applicable law does not allow to be released by agreement.
- Covenant Not to Sue. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Sponsor, nor join or assist in the prosecution of any claim for money or other damages that anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Event. I waive any right I may have to do so. This waiver and covenant means that I cannot sue to hold Sponsor responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Event, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of Sponsor.
- Representations. I am over 18 years of age. If at any time I believe conditions to be unsafe or that I am no longer in proper condition to participate in the Event, I will immediately stop participating in the Event.
- Covenants. I will follow any and all instructions, recommendations, and cautions of Sponsor at all times during the Event. I will comply with all applicable laws while participating in the Event.
- Publicity.
- Release of Likeness. For good and valuable consideration, and in exchange for the opportunity to participate in the Event, I authorize and grant to Sponsor a royalty-free, absolute, perpetual, and irrevocable right and license to (i) record, photograph, and/or film my likeness, voice, appearance, and image while participating in the Event (collectively, the “Likeness”); and (ii) publish, reproduce, portray, distribute, and otherwise use the Likeness in all media formats (whether now known or existing in the future), worldwide, solely in connection with the distribution, promotion, and publicity of both the Event (including future editions of it) and Sponsor’s general business, services, or products.
- Release of Content. From time to time, certain parts of the Event may allow you to submit, share, post, create, or otherwise distribute (collectively, “Distribute” or “Distributing”) content, which may include but is not limited to messages, text, sound, images, videos, data, or other materials originating from you (collectively, the “Participant Content”). For good and valuable consideration, and in exchange for the opportunity to participate in the Event, you acknowledge that by Distributing any Participant Content as part of the Event, whether to Sponsor directly or at the Event generally, you authorize and grant to Sponsor a royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, assignable, unrestricted right and license to publish, reproduce, portray, modify, adapt, transmit, distribute, create derivative works from, and/or otherwise use the Participant Content in all media formats (whether now known or existing in the future), worldwide, solely in connection with the distribution, promotion, and publicity of both the Event (including future editions of it) and Sponsor’s general business, services, or products.
- Representations and Warranties of Intellectual Property. The “Likeness” and all “Participant Content” will collectively be defined as your “Intellectual Property.” Regarding the Intellectual Property, you represent and warrant that:
- You are the creator and owner of any Intellectual Property or otherwise have obtained the necessary rights and authority to transfer these rights.
- To the extent the Intellectual Property contains the Likeness, name, marks, or other biographical or identifying information of you or any third parties, you consent (or have gotten required consents and licenses from the third parties) to the use of the Intellectual Property by Sponsor, solely as described in this Release and Waiver.
- Sponsor may exercise the rights granted in this Release and Waiver without any additional financial liability, including but not limited to any compensation, royalties, residuals, or fees to you or any relevant third parties.
- You have no ownership in any media created by Sponsor that incorporates the Intellectual Property (however, you will retain any ownership in the underlying Intellectual Property itself).
- There is no expectation of attribution to you.
- Sponsor may use the Intellectual Property in any manner or media without first notifying you or any third party, and you waive any right to inspect or approve that use.
- The Intellectual Property will not (a) infringe, violate, or misappropriate any third-party rights or proprietary rights and (b) defame or slander any other person or legal entity.
- The Intellectual Property will not violate any applicable laws.
- Limitation of Liability. If Sponsor finds it necessary to cancel or postpone this Event for any reason, including but not limited to low registration, strikes, acts of nature, war, terrorist acts, or other circumstances beyond Sponsor’s control, then Sponsor’s liability will be limited to refund of registration fees paid to Sponsor.
- No Substitution. I agree not to allow any other individuals to attend the Event in my place.
- General.
- Enforceability. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver will be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations.
- Severability. If any portion of this Release and Waiver is held invalid, the remainder will not be affected and will continue in full legal force and effect. That continuation will include modifying the Release and Waiver 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.
- Term. The terms of this Release and Waiver will continue from this date forever.
- Entire Agreement. This document is the entire agreement between Sponsor and me and supersedes any previous or contemporaneous discussions or agreements between us about these matters.
- Governing Law and Venue. All matters arising out of or relating to this Release and Waiver will be governed by the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in King County, Washington for any legal suit, action, or proceeding from this Release and Waiver.
- Electronic Agreement. I agree to this Release and Waiver electronically under the laws of the United States and the State of Washington, including but not limited to the Electronic Signatures in Global and National Commerce Act, and the Uniform Electronic Transactions Act, and other similar laws, rules, and regulations. I consent to receive communications from Sponsor electronically, including by e-mail. I agree that all agreements, notices, disclosures, and other communications provided by Sponsor satisfy any legal requirement that such communications be in writing.
By registering for the Event, I understand that I have read and agree to abide by these terms. Please print a copy of this agreement for your records. If you do not accept these terms, please discontinue your registration for the Event.