By completing my ticket purchase, I hereby agree as follows:
1. ASSUMPTION OF RISK.
I am aware that Electrify Expo takes place on mechanical Equipment that poses inherent hazards and is conducted on land or trails that pose additional risks, dangers and hazards. This event may be conducted on terrain that involve many risks, dangers and hazards, including, but not limited to: trees and tree stumps; creeks; rocks and boulders; forest deadfall; holes and depressions on or beneath the land surface; cliffs; variable and difficult terrain, water, dirt, mud, snow, crevasses; travel on roads; road banks, fences, and other man-made structures; changing weather conditions; encounters with hunters or domestic or wild animals, uneven ground or pavement, fencing; drowning; falling; negligence of other persons; mechanical failure of an Exhibitor’s equipment/product, impact or collision with other persons or Equipment; failure to operate Equipment safely or within ones own ability; AND NEGLIGENCE ON THE PART OF ELECTRIFY EXPO, INCLUDING THE FAILURE BY ELECTRIFY EXPO TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN THIS EVENT, AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I AGREE TO FOLLOW THE INSTRUCTIONS GIVEN BY ELECTRIFY EXPO AND/OR EXHIBITOR STAFF IN OPERATING THE EQUIPMENT. HOWEVER, I AM NOT RELYING ON ANY SUCH TRAINING OR OTHER INFORMATION OR PROMISES BY ELECTRIFY EXPO OR EXHIBITOR STAFF OTHER THAN WHAT IS IN THIS AGREEMENT IN DECIDING TO PARTICIPATE IN THIS EVENT BY COMPLETING THIS TRANSACTION OR IN SIGNING THIS AGREEMENT.
2. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT.
A. I AGREE TO WAIVE ANY AND ALL CLAIMS OF ANY KIND that I have or may in the future have, whether directly or by subrogation or otherwise, against Electrify Expo (or any of its affiliates, employees, marketing agencies, contractors, agents or directors, exhibitor staff or contractors, exhibitor agencies and vendors) (collectively, Electrify Expo), and TO RELEASE ELECTRIFY EXPO from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from my participation in the demonstration ride DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF ARCTIC CAT, OR THIRD PARTIES AND ALSO INCLUDING THE FAILURE ON THE PART OF ELECTRIFY EXPO TO TRAIN ME OR SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
B. I AGREE TO HOLD HARMLESS AND INDEMNIFY ELECTRIFY EXPO from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in the demonstration ride;
C. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity;
D. I expressly waive any benefits I may have under Section 1542 of the California Civil Code, or any other law, that provides that a general release does not extend to claims with I do not know or suspect exist in my favor at the time of execution of this release, with if known by me must have materially affected my decision to sign this Agreement.
E. I undertake, during the time I participate at the event to respect and comply with all rules and regulations governing the attendance at the event or use of exhibitor’s products/equipment, to safely ride, not to ride under the influence of alcohol, drugs or anything that could impair my actions.
F. Any litigation between Electrify Expo and me relating to the event or this Agreement (whether arising under this Agreement or any statute, regulation, ordinance, or other rule of law or otherwise) shall be solely and finally settled by arbitration in Austin, Texas, in accordance with the United States Arbitration Act (9 U.S.C. 1 et. seq.), and the rules of the American Arbitration Association and Texas law; and
G. I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR, AND I AM AWARE THAT BY COMPLETING THIS TICKET PURCHASE AND HEREBY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST ARCTIC CAT.
On behalf of myself, as participant at the event, hereby acknowledge and agree as follows:
I accept and assume by this ACCIDENT WAIVER AND RELEASE OF LIABILITY (RELEASE) any and all risks and dangers of bodily injury, disability, death and/or property damage, even if caused by the negligence or carelessness of others;
I consent by this RELEASE to release and hold harmless Electrify Expo and the employees, representatives, contractors, exhibitors, vendors, such staff and contractors, and marketing agencies of (the Released Parties) from all liability for any loss, injury, disability, death or damage arising as a consequence of my participation at the event (Damages). I further specifically agree that I WILL NOT SUE or otherwise initiate a complaint against the Released Parties in connection with any such Damages.
I acknowledge and agree that this RELEASE can be used and relied upon by the Released Parties, and shall constitute a part of the lawful consideration for me being permitted to operate and use the identified Electrify Expo branded products as agreed upon by Electrify Expo and me.
I WARRANT THAT I AM 18 YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO EXECUTE THIS RELEASE.
Events will be held in compliance with COVID-19 state and local public health guidelines. Facility and safety rules will be updated as the state Departments of Public Health release new requirements. Please be patient as we work to provide a safe environment for all.
I understand that participation in this event requires my agreement to the guidelines set forth in this waiver. I have read, understand and agree to the following rules and procedures set forth in this waiver.
• To the best of my knowledge, I do not have COVID-19.
• I have not been exposed to COVID-19 within the last three weeks.
• I have had no symptoms (fever, cough, etc.) for 14 days or more.
• I agree to wear a mask if one is required.
• I agree to practice social distancing if required
• I agree to comply with any COVID-19 screening measures the day of the event that may include temperature monitoring and COVID-19 pre-screening questionnaires.
• I understand that if I do not comply with these guidelines or refuse to comply, I will not be allowed into the event.
I am participating at this event at my own volition and am responsible for my own health. Electrify Expo is in no way liable for any present or future COVID-19 infection incurred at any time by any person, in attendance or not in attendance, before, during or after this event. I understand the COVID-19 virus is continually changing which means these guidelines may be adjusted as needed.
As a company, Electrify Expo respects you, the consumer, as our primary asset. We value the information you share with us. We strive to make every communication an opportunity for dialogue, and as relevant as possible.
HOW WE USE CONSUMER INFORMATION
Postal Addresses: We may solicit your opinion on different issues relating to Electrify Expo. We may send you periodic mailings with information on Electrify Expo.
Telephone Numbers: You may receive telephone contact from us with information regarding your purchases, new products and services or information on upcoming events.
E-Mail Addresses: The e-mail addresses we collect are used to provide relevant services and offerings to you for future communications and engagement.
Photos / Videos: By completing this ticket purchase or signing this document you hereby agree as follows:
I give and grant to Electrify Expo, its employees, agents, directors, exhibitors, marketing agencies and subcontractors and their respective licensees, successors and assigns (herein collectively called (Licensed Parties), the right to use, publish and copyright my name, picture, likeness and on-camera performance or portrayal with or without my name and/or a fictitious name in all forms of advertising and promotion for Advertiser and Advertisers product(s) and/or service(s) in the Media and in the Territory during the Term, as set forth above. In connection with this grant, I will make myself available for photography or filming, as applicable. I agree that all photographs of me used and taken by the Licensed Parties are owned by the Licensed Parties and that the Licensed Parties may copyright material containing the same. If I should receive any print, negative or other copy thereof, I shall not authorize use of such print, negative or copy by anyone else. I agree that no advertisement or other material need be submitted to me for approval and I also agree that I will not make any claim for any distortion, retouching or illusionary effect resulting from the publication of my picture, portrait or likeness.
If you would like us to remove your name from our lists, or to remove your name, address and/or telephone number from mailing and/or telemarketing lists nationwide please write to us at:
Electrify Expo: 440 East Saint Elmo, Bldg E-2, Austin TX 78745.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
TO PARTICIPATE AT THE EVENT, YOU ARE REQUIRED TO SIGN THIS AGREEMENT. BY COMPLETING THIS TICKET PURCHASE, I AM HEREBY SIGNING THIS AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SHOULD YOU SUFFER INJURY OR DEATH. YOUR SIGNAUTRE, IN ALL FORMS, INCLUDING ELECTRONIC, SHALL HAVE THE SAME LEGAL EFFECT AS A MANUALLY EXECUTED SIGNATURE AND BE DEEMED VALID AND ENFORCEABLE.