READ THIS DOCUMENT (this "Liability Waiver") FULLY AND CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. AGREEING TO THE TERMS OF THIS LIABILITY WAIVER AND SIGNING IT ARE A CONDITION OF ACCESS AND PARTICIPATION IN THE QUESTIVAL. THIS LIABILITY WAIVER COVERS IMPORTANT LEGAL MATTERS INCLUDING WITHOUT LIMITATION: (i) ASSUMPTION OF ALL RISKS BY YOU, (ii) CONSENT TO PARTICIPATE, (iii) WAIVER OF LIABILITY AND RELEASE OF ALL CLAIMS, (iv) AN INDEMNITY BY YOU, and (v) A NAME AND LIKENESS WAIVER.
1. Risks of Event. Undersigned fully realizes, understands, acknowledges, and agrees with the risks and danger of participating in the Event, which risks and dangers include, without limitation, the danger and risk of the following:(i) injuries relating to or resulting from falling; drowning; near-drowning; heat and cold injuries; burns; overuse syndrome; exhaustion; motor vehicles for land and water; off-road vehicles; other vehicles for travel and recreation; animal bites and/or stings; contact with poisonous plants; watersports; climbing; biking; hiking; skiing; snow shoeing; traveling by boat, truck, car, train, bus, or other type of vehicle or mode of transportation; (ii) minor injuries, such as scratches; bruises; and sprains; (iii) major injuries relating to joints; muscles; back injuries; broken bones; dislocations; concussions; and other related injuries; (iv) catastrophic injuries, such as brain injuries, loss of limb, and permanent or temporary paralysis; and (v) ANY OTHER MENTAL, EMOTIONAL, AND PHYSICAL INJURY AND/OR DEATH. By signing this liability Waiver, Undersigned freely accepts and fully assumes responsibility for all such dangers and risks and the possibility of personal injury, death, property damages or loss resulting therefrom. Undersigned acknowledges and understands that the description of the risks and dangers listed above is NOT complete and that participating in the Event involves additional risks and danger, which may include, without limitation encounters with motor vehicles, other participants, varied weather conditions, equipment, and wildlife; limited access to and/or delay of medical attention; mental, emotional, and physical distress from participation in the Event; and the intentional or negligent acts of others.
2. Duties of Undersigned. Participant agrees to, and in the case of a Participant under the age of 16, Adult agrees to read and, if necessary, explain to Participant all posted signs and warnings. Participant must exercise caution and maintain control at all times while participating in the Event. Participant must be 16 years of age or older to be eligible to participate. Undersigned is responsible for reading, understanding and complying with all rules, instructions, and information concerning the Event. Undersigned acknowledges that Participant has the physical capabilities and knowledge to safely engage in the Event. Undersigned acknowledges and agrees that Undersigned is solely responsible for evaluating Participant’s physical fitness, mental fitness, technical skills, and experience in order to assess Participant’s suitability to engage in the Event. Undersigned waives any claim of any type against any person who may express an opinion on the same and do not place any reliance or attach any importance to such opinion, whoever may be expressing the same. Undersigned agrees that Participant is required to wear appropriate equipment and protective gear appropriate for each activity of the Event at all times while participating in the Event.
3. Release, Indemnity, and Assumption of Risk.
3.1. Release. UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, FOREVER DISCHARGES, AND AGREES NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature, whether currently known or unknown, which Undersigned has or which could be asserted on behalf of Undersigned in connection with Participant’s participation in the Event and any prizes awarded in connection with the Event, including, without limitation: (i) claims for any loss, damage, injury, illness, death, medical or other expense, and/or property damage that Undersigned may suffer or that any other party may suffer, due to any cause whatsoever; and (ii) claims of negligence, breach of warranty, breach of contract, and others.
3.2. Indemnity. UNDERSIGNED HEREBY AGREES TO HOLD HARMLESS, REIMBURSE, AND INDEMNIFY THE RELEASED PARTIES from any and all liability, cost, expense, or damage of any kind or nature whatsoever for any property damage or personal injury to any third party and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to Participant’s participation in the Event. Undersigned’s obligation to the Released Parties under this Section 3.2 survives the period of Participant’s participation in the Event.
3.3. Assumption of Risk. Undersigned agrees and understands that there are risks and dangers associated with participation in the Event, including, without limitation, the acts, omissions, representations, carelessness, and negligence of the Released Parties. Undersigned agrees and acknowledges that property loss, physical injury, and death are all possible from participation in the Event. RECOGNIZING THE RISKS AND DANGERS, UNDERSIGNED UNDERSTANDS THE NATURE OF THE EVENT AND VOLUNTARILY CHOOSES FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF PARTICIPANT’S PARTICIPATION IN THE EVENT WHETHER OR NOT DESCRIBED IN THIS LIABILITY WAIVER AND AGREEMENT, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. Undersigned hereby acknowledges and agrees that Undersigned is responsible for unreasonable risks while participating in the Event, including, without limitation, attempting activities or challenges Participant is not qualified to perform safely or causing any other participants/spectators unreasonable risk of harm, and that Undersigned shall follow correct safety procedures when in the Event.
3.4 Accept and follow all COVID-19 Guidelines and Protocols. Undersigned agrees and understands that participation in the Event during April 2021 means that the Participant’s participation is occurring during the COVID-19 global pandemic. While there is no physical event location, and this event is deemed "virtual", the Participant agrees and understands to form a team with close friends and/or family, or to participate virtually, meaning participants can complete tasks, challenges, activities individually (while still being a part of a team) to minimize contact with others. Additionally, the Participant agrees and understands to adhere to all local COVID-19 safety measures and protocols within their local community from where they are participating. The participant agrees and understands to wear a mask in all locations that legally require a mask to be worn, while participating in the Event. Further guidance the Participant agrees and understands to follow as such:
- Wearing a Mask: cover your mouth and nose with a face mask in all places where there are legal obligations to do so
- Social Distancing: maintain six feet of distance between yourself and anyone who doesn’t live within the same household while participating in the Event
- Washing Hands Frequently: Wash your hands with soap and water frequently. If soap and water are not available, use a hand sanitizer that contains at least 60% ethanol or 70% isopropanol.
- Additionally, all person(s) affiliated with the Event are advised to not gather in communal spaces and if they must do so, to meet outdoors and maintain a distance of six feet between others not living in the same household.
4. Digital Media. Undersigned acknowledges and agrees to irrevocably grant in perpetuity unlimited permission to Questival, LLC to use, reproduce, display, digitally enhance or alter in any manner, sell, license, and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of Participant’s participation in the Event or its related activities for any legitimate purpose and Undersigned understands that he or she shall not be entitled to any compensation therefore.
5. Insurance. Undersigned represents, warrants, and certifies that Participant is covered by medical insurance. Undersigned acknowledges and agrees that it is Undersigned’s responsibility to have any insurance including, without limitation, medical, accidental disability and death coverage and liability insurances, that Undersigned may wish to have or it is advisable to have in relation to Participant participating in the Event. Undersigned acknowledges that (i) the Released Parties and any other person associated with the Event does not, and will not have, insurance that covers Participant in connection with Participant’s participation in the Event, and (ii) Undersigned is not relying on the existence of the same in the decision to participate in the Event. Any insurance any of the Released Parties may have shall in no way diminish Undersigned’s obligation to obtain insurance coverage applicable to Participant, while Participant is participating in the Event. The foregoing does not diminish the requirement of any party to have any insurance required by law. Undersigned understands and agrees that Undersigned shall be solely responsible for any medical costs and expenses (including insurance costs) incurred directly and/or indirectly by Participant as a result of Participant’s attendance and participation in the Event.
6. Medical Care. In connection with any injury or illness Participant may sustain or medical conditions participant may experience during Participant’s participation in the Event, Undersigned authorizes any emergency first aid, medication, medical treatment deemed necessary by the attending personnel and/or Event staff and management.
7. Agreement to Follow Event Instructions and Rules (Section 15). Undersigned agrees that while Participant participates in the Event, Participant will follow all rules, conditions, and instructions governing Participant’s participation and follow the lawful direction of staff and management of the Event. Undersigned acknowledges and agrees that the Released Parties have the right, in their sole and absolute discretion, to postpone, cancel, or modify the Event due to weather conditions, Acts of God, federal, state, or local health directives (e.g., COVID-19 lockdowns) or other unforeseen circumstances that might affect the health and/or safety of the Participant.
8. Hazards. Undersigned agrees that if Participant observes any unusual hazard during Participant’s presence or participation at the Event, Participant will immediately remove himself/ herself from such presence and bring such hazard to the immediate attention of staff or management of the Event. Undersigned agrees that if Participant undertakes any activity in the Event, Undersigned shall carefully inspect the surroundings ensuring such is reasonably safe for such particular activity. If Undersigned has any doubts as to such safety and/or suitability, Participant agrees not to participate in the particular activity of the Event and immediately remove himself/herself from the perceived area of danger and bring such concerns to the immediate attention of staff or management of the Event.
9. California Waiver. UNDERSIGNED UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED. SAID SECTION READS AS FOLLOWS: "1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10. Regional Dangers. With respect to the Participant’s participation in the Event, Undersigned understands that certain activities of the Event may be located at different elevations and experience different weather conditions. Undersigned acknowledges that among other matters this means: (i) the air has less oxygen content than at sea level which may affect Participant physiologically; (ii) the air is less dense and is often dryer than at lower altitudes; and (iii) Participant is likely to be exposed to greater UVA and UVB rays which increases Participant’s risk of sun burn and dehydration and should take precautions accordingly. Undersigned understands that Participant is advised to consume more non-dehydrating liquids when participating in the Event than Participant might normally consume otherwise.
11. Participant Acknowledgment. Adult acknowledges that he or she is not only signing this Liability Waiver on Adult’s own behalf, but that Adult is also signing this Liability Waiver on behalf of Participant and that Participant is bound by all the terms of this Liability Waiver. Additionally, by signing this Liability Waiver as the parent or legal guardian of Participant, Adult understands that he or she is also waiving rights on behalf of Participant that Participant otherwise may have. Adult agrees that Participant would not be permitted to participate in the Event if Adult did not sign this Liability Waiver on Participant’s behalf. By signing this Liability Waiver without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he or she is at least 18 years of age. Adult represents that he or she is a legal parent or guardian of Participant. The minimum age to participate in the Event is 16.
12. Disputes. With respect to the Participant’s participation in the Event, this Liability Waiver is deemed to have been executed and delivered in the State of Utah, and should be governed and construed in accordance with the laws of the State of Utah, without regard to principles of conflict of laws, and to the exclusive jurisdiction of courts in the County of Salt Lake.
13. Binding Effect. This Liability Waiver shall be effective and binding upon Undersigned’s heirs, estate, next of kin, executors, administrators, successors, and assignees.
14. Miscellaneous. Undersigned further acknowledges and understands: (a) this Liability Waiver was made and executed in the State of Utah and shall be governed by, enforced in and construed in accordance with the laws of the State of Utah; (b) Undersigned in executing this Liability Waiver, is not relying on any inducements, promises, or representations made by the Released Parties; (c) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations, and ordinances; (d) this Liability Waiver constitutes the entire agreement and understanding between the parties and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter of this Liability Waiver; (e) this Liability Waiver is a contract and is binding to the fullest extent permitted by law; and (f) if any part of this Liability Waiver is deemed to be unenforceable, the remaining terms are an enforceable contract between the parties; and (g) Adult is acting on behalf of the Participant’s other parent or legal guardian in signing this Liability Waiver and has the authority to bind such other parent or legal guardian to the terms and conditions of this Liability Waiver on his or her behalf.
15. Event Instructions and Rules. Upon event ticket purchase the Participant will receive a unique code to input into the Questival app to connect for the Event. The Questival app can be downloaded through Apple App Store and on Google Play. The Participant must sign liability waiver to be eligible to participate in the Event. Every Participant on a team must register for the Event.The Participant will be able to accomplish all event tasks through the app. A week before the Event begins (Friday, April 16, 2021), the Participant will receive a set of extra challenges that are optional to participate in and complete, in order to earn extra points before the Event officially starts. The day before the Event begins, the full challenge list will be released for participants to make their plan in order to complete challenges in the Event. The event officially starts at 5pm Mountain Standard Time on Friday, April 23, 2021 and will be live for a 24-hour period, ending officially at 5pm Mountain Standard Time on Saturday, April 24, 2021. There will be a 3-hour period of time where the Questival app automatically shuts down (1am-4am Mountain Standard Time, April 24, 2021) in order to encourage Participant to take a break and get sleep. The Participant and their team are encouraged to complete as many challenges as possible during the 24-hour Event timeframe. On Sunday, April 25, 2021, all Participants will be encouraged to react to other teams’ challenge successes in order to receive more points to count towards their final score. In the event of a tie, the potential winner will be determined by being given a separate set of additional challenges to complete to break the tie. A team of Cotopaxi employees will personally judge these final challenges. For more information about the Event and the applicable challenges, see https://www.cotopaxi.com/products/cotopaxi-x-hoka-questival-2021. The Event is sponsored by Global Uprising, PBC (Cotopaxi).The Event is in no way sponsored, endorsed, administered by, or associated with Recreational Equipment, Inc.
15.1 Participant Location. Undersigned agrees and understands that in order to be eligible to participate in Event that they must be a U.S. Citizen and have a U.S. address at time of participation. If teams choose to participate either together (in person in the same city) or virtual (as individuals in different locations participating on the same team), that they can participate outside of the U.S. but must have a U.S. address and citizenship to be eligible for participation per age requirements listed above.
15.2 Prize Details and Eligibility. The top 5 teams are the only teams eligible for prizes. The 5 teams with the most points will be deemed potential winners, subject to verification of eligibility by Global Uprising, PBC (Cotopaxi). Each winning team can have no more than 6 individual members and each Participant may only be on one team. In the event a potential winner does not respond to the prize notification or is deemed ineligible, an alternate winner will be selected based on the next highest number of points. There will be one (1) grand prize team, which is the team who has received the most points. There will be four (4) runner up teams with point totals that follow the grand prize team in numerical order. Each member of the grand prize team will receive one (1) REI Flexlite Camp Chair, a three-hundred-dollar ($300) Cotopaxi product credit and a two hundred ($200) HOKA ONE ONE product credit. Product credits will be redeemable via gift card or email detailing out which Cotopaxi and HOKA products the winners would like to receive. All members of the four (4) runner-up teams will receive a one-hundred-dollar ($100) Cotopaxi product credit and one hundred dollar ($100) HOKA product credit. The runner-up prizes will also be redeemable via gift card or email, detailing out which Cotopaxi and HOKA products the runner-up winners would like to select to receive. All prize product is subject to availability on each respective brand’s website. Except for applicable manufacturer’s standard warranties, the prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose).
15.3 Winner Announcement. Winners will be announced on Cotopaxi Social Media Channels (Facebook, Instagram) and notified individually via email on Monday, April 26th, 2021 and no later than 9pm Mountain Standard Time on this date. Each team member of the grand prize team and each member of the 4 runner-up teams are eligible to receive their respective prizes. All prizes will be fulfilled no later than May 5, 2021, pending reply of each winner to Cotopaxi redeeming their prize product credit.
16. Definitions. As used herein:
16.1 "Adult" means the undersigned parent or legal guardian, being at least 18 years old, signing on behalf of the Participant named below if Participant is under the age of 18, so that the Participant will be permitted to engage in the Event.
16.2 "Event" means traveling to or from or spectating, participation, or involvement in any activity, skill, challenge, task, adventure, competition, race, or related activity in any capacity related to the event known as the Questival.
16.3 "Participant" means the person named below who will be participating in the Event.
16.4 "Released Parties" means (i) the equity holders or members, managers, directors, officers, agents, partners, sponsors, affiliates, employees, independent contractors, volunteers and guests of any and each of the following: Questival, LLC or any subsidiary, parent, affiliate, or company under common control with one or more of the previously named companies, Deckers Brands, HOKA ONE ONE®, or Recreational Equipment, Inc.; (ii) any person present at the Event in a capacity as a journalist, reporter or representative of the media and/or is shooting stills and/or moving pictures in any media; and (iii) any other person who has signed a waiver who is present at the Event.
16.5 "Undersigned" means the Participant, and in the event Participant is under 18 years of age, Adult and Participant collectively.