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KORE CONNECT LLC

ACCIDENT WAIVER; RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individual named below (referred to as “I” or “me”) desires to participate in group or 1:1 wellness sessions either in person or online. This will also extend into any marketing, advertising, promotional or content creation production, online course filming, event, activation or related activities, which may include a video or photoshoot, conducted during the sessions (collectively, the “Sessions”) for KORE CONNECT LLC, a Wyoming limited liability company, doing business as Kore Vibration, registered as a foreign entity to conduct business in the State of Hawaii (hereinafter, “KORE CONNECT”). As lawful consideration for my participation in the Sessions, I agree to all the terms and conditions set forth in this Accident Waiver and Release of Liability and Assumption of Risk (collectively, the “Release”).

 

1. I acknowledge and understand that my participation in the Sessions may expose me to risks of injury or damage to my property that may arise from factors including, but not limited to: demonstrating volleyball and/or sports-related technique, drills, athleticism, movements, skills, strength, conditioning, or rehabilitation; delayed emergency medical response and assistance; dangerous or defective equipment; equipment malfunction or breakdown; failure by participants to follow safety rules and precautions; or negligence or carelessness on the part of the person or entities being released.

 

2. I am aware of the highly contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (COVID-19) (collectively, the “Disease”) and the risk that I may be exposed to or contract the Disease by participating in the Sessions including traveling to or from the Sessions. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including KORE CONNECT and its directors, officers, employees, owners, employees, instructors, staff volunteers, licensees, representatives, agents, successors, and assigns (collectively, the “Releasees”). I understand that while KORE CONNECT has implemented preventative measures to reduce the spread of the Disease, KORE CONNECT cannot guarantee that I will not become infected with the Disease or other infectious diseases while participating in the Sessions and that participating in the Sessions and the activities that involves, may increase my risk of contracting the Disease.

 

3. I certify that I am physically fit, have sufficiently prepared or trained for participation in this Sessions. I acknowledge that the Sessions may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants but are also present for volunteers. I certify that I have not been advised to not participate in the Sessions by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this Sessions.

4. I agree to be instructed on the safety rules and precautions for the Sessions. I also agree to strictly observe and practice these safety rules and precautions at all times, for my own safety as well as for the safety of KORE CONNECT and all other Releasees.

 

5. I understand, however, that participation in the Sessions carries inherent risks of injury or property damage beyond the control of KORE CONNECT and other participants, even if I follow all safety precautions. Because of these inherent risks, I acknowledge and understand that KORE CONNECT cannot guarantee my complete personal safety.

 

6. NOTWITHSTANDING THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THE SESSIONS AND BEING EXPOSED TO OR CONTRACTING THE DISEASE, AND UNDERSTANDING, ACKNOWLEDGING AND AGREEING TO ALL THE RISKS AND HAZARDS INVOLVED WITH MY PARTICIPATION IN THE SESSION AND BEING EXPOSED TO OR CONTRACTING THE DISEASE, I ACKNOWLEDGE THAT I AM FREELY AND VOLUNTARILY PARTICIPATING IN THE SESSION WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE SESSIONS AND BEING EXPOSED TO OR CONTRACTING THE DISEASE, WHETHER CAUSED BY THE NEGLIGENCE OF KORE CONNECT, ALL OTHER RELEASEES, OR OTHERWISE. I understand and agree that this Release will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children. I acknowledge full and sole responsibility for my own medical expenses, and I am responsible for any and all medical expenses incurred on my behalf.

 

7. I HEREBY EXPRESSLY WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL LIABILITY AND CLAIMS, INCLUDING BUT NOT LIMITED TO, LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF KORE CONNECT OR ALL OTHER RELEASEES, for my death, disability, personal injury, property damage, property theft, or actions of any kind arising out of or attributable to my participation in the Sessions and being exposed to or contracting the Disease, whether arising out of the negligence of KORE CONNECT or all other Releasees. I covenant not to make or bring any such claim against KORE CONNECT or any other Releasee, and forever release and discharge KORE CONNECT and all other Releasees from liability under such claims. I acknowledge that KORE CONNECT and all other Releasees are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.

 

8. I SHALL DEFEND, INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE KORE CONNECT AND ALL OTHER RELEASEES against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, and the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to my participation in the Sessions or the Disease due to my engaging in the Sessions.

9. I acknowledge that this Release will govern my actions and responsibilities at the Sessions. The Release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

 

10. This Release constitutes the sole and entire agreement of KORE CONNECT and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of KORE CONNECT and me and our respective successors and assigns. This Release shall be governed by and construed under the laws of the State of Wyoming, notwithstanding its conflict of law provisions. Any action or proceeding brought to enforce the terms of this Release or adjudicate any dispute arising out of this Release shall be exclusively brought in the State of Wyoming. The parties will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of Wyoming.

 

11. I represent and warrant that I have the full power and authority to provide the permissions and releases set forth above, and I am at least 18 years of age or, if I am under 18 years of age, my parent or legal custodian approves my participation in this Sessions, has read this document, and signed where indicated below.

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