PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
IMPORTANT: THIS IS A RELEASE OF LEGAL RIGHTS. PLEASE READ AND BE CERTAIN YOU UNDERSTAND IT BEFORE SUBMITTING YOUR EVENT REGISTRATION.
THIS PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK (referred to as the “Release”) is made and granted by the registered participant on the date an event registration is submitted, to and in favor of Eastern Crossing Seminar, Inc., and its directors, officers, members, managers, employees, servants, agents, representatives, sponsors, vendors, underwriters, insurers, consultants, volunteers, lessors, successors, assigns, and any party or parties who claim a right or interest through them (collectively referred to as the “Organization”).
NOW, THEREFORE, for and in consideration of receiving permission from the Organization to attend and/or participate in the Organization’s event, conference, and/or seminars listed on the foregoing event registration page (“Event”), by submitting the event registration, the registered participant (referred to in this Release as a “Participant” or “I” ) and on behalf of the Participant’s heirs, personal representatives, trustees, estate, successors, assigns, and any party or parties who claim a right or interest through the Participant, thereby acknowledges, agrees and represents as follows:
1. Participant agrees to exercise good judgment and act in a responsible manner while participating in the Event and to follow and obey all posted and oral safety rules, warnings, patron education signs, and Organization and/or hotel or venue directions, including but not limited to COVID-19 safety protocols. Failure of Participant to comply with this policy and all applicable safety protocols may result in being denied entry to or asked to leave the event without a refund.
2. Participant fully understands and appreciates participating in the Event could result in serious bodily injury, death, worsening of any medical or physical condition Participant may have, accidents or slips and falls, malfunction of equipment, Participant’s exposure to or contraction of illnesses, COVID-19 or other infectious diseases, and/or other injuries. These risks and dangers may be caused by the action, inaction or negligence of the Participant or others, including, but not limited to the Organization, the relevant Event hotel or venue, or other participants.
3. KNOWING THE DANGERS, HAZARDS, AND RISKS OF THE EVENT, AND IN CONSIDERATION OF DESIRING TO PARTICIPATE IN THE EVENT, THE PARTICIPANT AGREES TO ACCEPT SOLE RESPONSIBILITY AND ASSUME ALL THE RISKS, DANGERS, HAZARDS, AND FULL RESPONSIBILITIES OF ANY NATURE SURROUNDING PARTICIPATION IN THE EVENT, EVEN IF ARISING FROM THE NEGLIGENCE OF ORGANIZATION. Participant hereby forever, irrevocably and unconditionally releases, waives, discharges, relinquishes, covenants not to sue, and agrees to defend, indemnity and save the Organization harmless from and against any and all liabilities, claims, suits, proceedings, actions, causes of action, demands, judgments, rights, obligations, damages, losses, debts, costs, charges and expenses (including, but not limited to, attorney’s fees) of whatever kind or nature, in law, equity or otherwise, whether known now and/or unknown, suspected or unsuspected, and whether or not concealed or hidden, directly or indirectly, arising from or out of, related to, in connection with or resulting from the Event to the maximum extent permitted by applicable law, including, but not limited to, the loss of life, personal injury or bodily harm, illness, damage to property, or expense of any kind, whether caused wholly or in part by any negligent act or omission of Organization, or others, the inherent dangers, hazards, and risks of the Event, the failure to warn of dangerous conditions or other omissions in connection with the Event, the condition, maintenance, inspection, supervision, or control of the Event venue and/or facilities, equipment and/or Event areas. It is Participant’s express intent that this Release shall bind the members of Participant’s family, spouse, estate, heirs, trustees, personal representatives, successors, assigns, or any party or parties who claim a right or interest through the Participant.
4. The Organization assumes no responsibility for providing any medical assistance for any injury or damage which might arise out of or in connection with any medical emergency; however, Participant hereby gives consent to Organization to provide emergency medical care or other treatment that may become necessary, and Participant agrees, without limiting the generality of the foregoing, to be solely responsible for, and reimburse Organization for, all medical costs of any kind that may be incurred for Participant’s benefit.
5. Participant agrees Organization may record and use, sublicense, sell, edit, adapt, modify, and transfer, royalty free, in perpetuity, photographs, recordings, videos, and/or digital, electronic, mechanical or other means of the Participant’s likeness and/or voice captured during the Event for any purpose, including derivative works created therefrom, in any medium worldwide, in whole or in part, in composite or distorted form, in color or otherwise, including, but not limited to, social media, websites, online or print publications, advertising, promoting, exploiting or publicizing in any Organization facility, or otherwise, and Participant waives any and all claims Participant may have in connection with the foregoing.
6. This Release shall be governed and construed in accordance with the laws of the State of Maryland. This Release contains the entire agreement between the parties hereto in respect of the subject matter hereof and supersedes all other oral, written, or implied agreements or understandings between them. This Release may be modified or amended only by the Organization by posting an updated Release on the Event registration page with or without notice. The invalidity or unenforceability of any provisions of this Release shall not affect or limit the validity and enforceability of the other provisions hereof and this Release shall be construed broadly to the maximum extent permissible under Maryland law as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify this Release so as to affect the original intent of the parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.
7. All disputes arising from or in connection with the Event and/or this Release shall be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association for abbreviated proceedings before a single arbitrator. The prevailing party in such arbitration proceeding shall be reimbursed for its expenses, costs and reasonable attorneys’ fees with respect thereto by the other party. The decision of the arbitrator shall be binding and conclusive upon the parties and shall be enforceable by a court of competent jurisdiction in the State of Maryland in accordance with the Maryland Rules of Procedure. There shall be no right of appeal from the decision of the arbitrator. Any arbitration proceeding occurring under this Release shall occur in a location in the Washington D.C./Baltimore metropolitan area as is selected by the arbitrator. The date and time of the arbitration shall be reasonably acceptable to the parties, however, if they are unable to agree on a date and time, the arbitrator shall select the date and time of arbitration. Any judicial enforcement of the arbitrator’s decision shall occur in the Circuit Court for Charles County, Maryland.
8. BY SUBMITTING THIS REGISTRATION, SPONSOR AGREEMENT, BOOTH SPACE AND/OR BOOTH STAFF REGISTRATION TO ORGANIZATION, EITHER PERSONALLY OR THROUGH THE DESIGNATED REPRESENTATIVE FOR MY ORGANIZATION, PARTICIPANT REPRESENTS AND WARRANTS THAT: PARTICIPANT IS 18 YEARS OF AGE OR OLDER, PARTICIPANT HAS READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTANDS THAT PARTICIPANT HAS GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO BE BOUND BY ITS TERMS IN EXCHANGE FOR PARTICIPATION IN THE EVENT, AND HAS AGREED FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO PARTICIPANT, AND PARTICIPANT INTENDS FOR THIS RELEASE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, AND PARTICIPANT AGREES TO BE BOUND BY THE TERMS STATED IN THIS RELEASE.