LIABILITY WAIVER AND RELEASE OF CLAIMS
IMPORTANT – READ CAREFULLY BEFORE PROCEEDING – THIS IS A BINDING LEGAL CONTRACT
I UNDERSTAND AND AGREE THAT BY CLICKING THE “SUBMIT” BUTTON AND/OR PARTICIPATING IN THE EVENT (DEFINED BELOW), YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS LIABILITY WAIVER AND RELEASE OF CLAIMS (THE “RELEASE”), WHICH INCLUDES INDEMNITIES TO THE RELEASED PARTIES (I.E., A REQUIREMENT THAT YOU DEFEND AND/OR REIMBURSE THE RELEASED PARTIES FROM/FOR CERTAIN LOSSES) AND A LIMITATION OF YOUR RIGHTS AND REMEDIES (E.G., YOU, ARE WAIVING YOUR RIGHT TO SUE, PERSONALLY IF YOU ARE INJURED DURING THE EVENT). IF YOU DO NOT AGREE TO THIS RELEASE, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE EVENT.
I, personally and on my behalf, and my personal representatives, heirs, next-of-kin, insurers, successors and assigns, agree as follows:
In light of the ongoing spread of SARS-CoV-2 and resultant disease COVID-19 (“COVID-19”), FanDuel, Inc. (the “Event Organizer”) as producer of certain Event-Organizer-hosted event(s) in which you wish to attend (each, an “Event”), has implemented measures designed to reduce the transmission of COVID-19, such as requiring you and all participants/attendees (individually, “I”, “you”, “me” or “attendee” and, together with all other participants or attendees of the Event, the “Event Attendees”) to practice “social distancing” and wear face coverings. Accordingly, I hereby acknowledge and agree:
1. Within the last fourteen (14) days, I have not:
i. experienced any symptoms of COVID-19, which include, but are not limited to, fever, cough, and shortness of breath;
ii. been notified of a confirmed or suspected case of an infectious disease;
iii. been in contact in the last fourteen (14) days with a person who has contracted or has suspected to be experiencing symptoms of COVID-19; or
iv. traveled either internationally or to a community in the United States that has experienced or is experienced sustained community spread of COVID-19.
2. To comply with all federal, state, and local laws, orders, directives, and guidelines (“Applicable Law”) related to the Event, including my attendance in connection with the Event.
3. To comply with all instructions and requirements of the Event Organizer with respect to attending the Event.
4. If at any time I believe: (i) the Event conditions are unsafe, (ii) I am no longer in proper physical condition to participate in the Event, or (iii) I begin to experience symptoms of COVID-19, I will immediately discontinue further participation in the Event by immediately leaving the Event.
5. Following the Event, if I begin to experience signs and symptoms of COVID-19, I will contact immediately Event Organizer.
6. My awareness of the contagious nature of infectious diseases, including, but not limited to, COVID-19.
7. I may be exposed and/or increase my risk of exposure to COVID-19 by engaging in the Event, which may result in serious illness, personal injury, disability and/or death.
8. I acknowledge the Event Organizer cannot guarantee that I will not be injured or become infected COVID-19 as a result of my attendance of the Event.
9. I AM VOLUNTARILY AND WILLINGLY ATTENDING THE EVENT WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED. 10. I ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ATTENDANCE AT THE EVENT.
I agree this Release is binding upon and enforceable against me, and my personal representatives, assigns, heirs (including my spouse (if applicable)) and next of kin without limitation, and to the fullest extent permitted by Applicable Law. I agree that this Release is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release shall be interpreted as broadly as possible under the Applicable Law of the jurisdiction(s) in which the Event takes place.
My choice to participate in the Event is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Event involves inherent risks of accidents, property loss/damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my or others’ actions, inactions or negligence, or the condition of the facilities, equipment or location. There may be other risks not known to me or reasonably foreseeable at this time. I acknowledge that I am engaging in the aforementioned Event solely of my own accord. I have considered the risks involved, and I voluntarily choose to assume these risks. I hereby freely assume the above-mentioned risks and any harm, injury or loss that may occur to me or my property as a result of our participation in the Event -- including any injury or loss caused by the negligence of the Released Parties, any other sponsor/providers, and other Event participants. I acknowledge that I am participating in the Event during the coronavirus/COVID-19 pandemic, which has been recognized as a local, state, national and international emergency, and that, although Event Organizer is only a sponsor of the Event, I am undertaking the risk of contracting the COVID-19 virus and acknowledge, understand and agree that that risk cannot be eliminated. I acknowledge, understand and agree that the effects of contracting the COVID-19 virus ARE VERY DANGEROUS and present SERIOUS RISKS OF SEVERE ILLNESS, BODILY HARM, PERMANENT DISABILITY, OTHER INJURY, AND DEATH, which, if they occur, are likely to cause pain, suffering, financial loss due to various reasons, including, but not limited to, lost wages, lost earning capacity, medical expenses, rehabilitation expenses, continuing health care expenses, and other hardships. I also acknowledge, understand and agree that the risk also includes transmitting the virus to others, including my family members. I UNDERSTAND THAT THESE RISKS ARISE FROM NUMEROUS FACTORS. These factors include, but are not limited to, contracting the virus while traveling to and from the site of the Event, while at the site, through interacting with others involved in the Event and/or those not so involved but present for any reason, and coming into contact with items or surfaces. In addition, I acknowledge, understand and agree that knowledge regarding the COVID-19 virus, how it may be transmitted, and its potential short-term and long-term effects is incomplete and is currently being developed throughout the world. Therefore, I acknowledge, understand and agree that I may well be incurring additional serious risks which currently are unknown. With full knowledge and appreciation of these risks, I willingly and voluntarily desire to participate in the Event and WILLINGLY, KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THESE RISKS. In assuming these risks, I understand and agree that I AM ACCEPTING AND ASSUMING THE FULL RESPONSIBILITY FOR THESE RISKS AND THE DAMAGES THAT THESE RISKS CAN CAUSE ME, MY HEIRS, RELATIVES, SUCCESSORS, AND ASSIGNS, REGARDLESS OF WHO OR WHAT CAUSES THE RISK AND THE RESULTING DAMAGE. I also acknowledge, understand and agree that I have the sole responsibility to investigate and assess the dangers associated with engaging in the Event during the coronavirus/COVID-19 pandemic, and to make my own decision regarding whether I will participate in the Event.
In consideration of being permitted to participate in the Event, I accept and agree to the full contents of this Release and I fully and forever release and discharge Event Organizer, its parent company, and each of their respective subsidiaries, affiliates, directors, officers, shareholders, employees, agents, representatives and insurers, and all others involved in the Event (collectively, the “Released Parties”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Event, even if it is due to the negligence, act, omission or other fault of the Released Parties. I further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. I acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” I acknowledge the releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
I will defend, indemnify, hold harmless and reimburse the Released Parties from and for all damages, losses, costs, or expenses (including legal fees) incurred by the Released Parties or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Event. I will reimburse the Released Parties if anyone makes a claim against the Released Parties in connection with my participation in the Event, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, or other parties or property however caused.
I will not initiate any claim, lawsuit, other legal proceeding or demand against the Released Parties, nor join or assist in the prosecution of any claim for money, an injunction or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, or other parties (such as other Event Attendees) or my (or others’) property in connection with my participation in the Event, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any injury, loss, or damage sustained by me, or other parties or my (or others’) property in connection with the Event, even if it is due to the negligence, act, omission or other fault of the Released Parties. I waive my insurers’ right to make a claim against the Released Parties based on payments by insurers to me or my behalf for any reason. This means that my insurers have no rights of subrogation against the Released Parties. I acknowledge, understand and agree that it is my sole responsibility to ensure, at my sole expense, that appropriate insurance coverage exists which would cover my medical, rehabilitation and ongoing care expenses, as well as any income loss or lost earning capacity, as a result of any injuries I sustain as a result of the Event.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Release will be governed by and construed in accordance with the internal laws of the State of New York, USA without giving effect to any choice of law or conflict of law, rules, or provisions that would cause the application of any other laws. TO THE EXTENT THAT APPLICABLE LAW PREVENTS ANY PORTION OF THIS RELEASE FROM BEING ENFORCEABLE, I AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE EVENT WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL I BE PERMITTED TO OBTAIN ANY AWARD FOR, AND I, PERSONALLY HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; (D) MY REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND I IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF; AND (E) I AGREE TO FINALLY SETTLE ALL DISPUTES WITH THE RELEASED PARTIES THROUGH BINDING ARBITRATION AS SET FORTH IN SECTION 15 OF THE FANDUEL TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
If any term or provision of this Release 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. In the event that any provision of this Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Released Parties’ failure to enforce any term of this Release will not constitute a waiver of that provision. This Release is binding on and shall inure to the benefit of the Event Organizer and our respective successors and assigns. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Event-related materials, privacy policy or terms of use on a website and/or the terms and conditions of this Release, this Release shall prevail, govern and control.
I HAVE READ THIS RELEASE, FULLY UNDERSTAND ALL ITS TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND I AGREE TO THIS RELEASE FREELY AND VOLUNTARILY. I REPRESENT AND WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE RELEASED PARTIES’ DECISION IN ALLOWING ME TO ATTEND THE EVENT.