2023 MBArk EXPO WEST RELEASE OF LIABILITY AND PHOTOGRAPHIC RIGHTS
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the MBArk program at Expo West organized by Joe Dobrow d/b/a MBArk LLC, of 1189 Hawk Ridge Road, Lafayette, CO, 80026, as well as Informa, New Hope Network and the Natural Products Expo West show (collectively, “Expo West”), and/or use of the property, facilities and services of the program, I agree for myself and (if applicable) for the members of my family, to the following:
- AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Joe Dobrow d/b/a MBArk LLC or the designated representatives thereof, and Expo West.
- ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Joe Dobrow d/b/a MBArk LLC and Expo West for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of the program, whether caused by the fault of myself, my family, Joe Dobrow d/b/a MBArk LLC and Expo West or other third parties.
- INDEMNIFICATION. I agree to indemnify and defend Joe Dobrow d/b/a MBArk LLC, and Expo West against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of the program. I further acknowledge that there may be separate indemnification agreements associated with the facilities that are part of the program, such as classrooms, buses, restaurants, food production and retail facilities and ski areas.
- FEES. I agree to pay for all damages to the facilities of Joe Dobrow d/b/a MBArk LLC, and Expo West, caused by any negligent, reckless, or willful actions by me or my family.
- APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Colorado law.
- NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
- ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
- ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
- PHOTO RELEASE. Additionally, I grant permission for MBArk LLC to use the Photograph(s) or Video footage taken during this event, in whole or in part, for advertising, promotion and publicity in connection with the MBArk program in all languages throughout the world in perpetuity, in all media now known or hereafter devised. I agree that the permission above is irrevocable, and I release and discharge MBArk LLC, its licensees, successors and assigns from any and all claims (including, without limitation, any claims for copyright infringement) arising out of or in connection with the use of this photographic material.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Once you digitally sign below, you will get a confirmation screen.