Community Partnered Events Participation Form
Registering for Carsyn Neille Foundation Community Partners Event
GROUP PARTICIPATION AGREEMENT
THIS GROUP PARTICIPATION AGREEMENT (this “Agreement”) is entered into as of the last date of execution on the signature page hereto (“Effective Date”), by and between WILDANDFREE, LLC, a Virginia limited liability company (“Company”), and the individual set forth on the signature page hereto (“Participant”) (Company and Participant each a “Party” and collectively, the “Parties”).
1. Participation. The Company has licensed its intellectual property and materials relating to homeschooling communities under the brand “Wild + Free” (the “Wilde + Free IP”) to certain individuals (each a “Group Leader” or Authorized Person") for the purpose of creating homeschool co-ops and communities (each a “Wild + Free Group”). Participant will participate in Wild + Free Group event(s) offered by a Group Leader affiliated with Company at various location(s) and at various time(s) (collectively, the “Group Events”), and Company will enable Participant to participate in such Group Events, on the terms and conditions set forth in this Agreement.
2. Release of Liability. Participant understands that the Group Events are completely voluntary. Participant acknowledges that the Company and its managers, members, employees, contractors, agents, representatives, successors, and assigns or a Group Leader (collectively, the “Company Parties”) are not responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf, on the Company’s behalf, or otherwise related to the Group Events. Participant fully and forever releases and discharges the Company Parties from, and expressly waives, any and all liability, claims, and demands of whatever kind or nature, hereunder, at law, or in equity, that may arise related to the Company, the Group Events, or this Agreement. Participant covenants and agrees not to make or bring any such claim or demand against the Company Parties, and fully and forever releases and discharges the Company Parties from liability under any such claims or demands.
3. Waiver. To the fullest extent permitted by applicable law, Participant hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including, without limitation, claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement or the production, exhibition, advertising, promotion, exploitation, or other use of the Recording or the Materials, and whether resulting in whole or in part from the negligence of Company or any other person, covenant not to make or bring any such Claim against any Authorized Persons or Company, and forever release and discharge such Authorized Persons and Company from liability under such Claims. Additionally, Participant recognizes and acknowledges that it is Participant’s sole responsibility to care for and supervise Participant’s children that may attend a Group Event and in no event will any Company Parties be responsible or held liable for Participant’s failure to supervise Participant’s children or any resulting injury to such Participant’s child.
4. Disclaimer of Warranties. ALL EDUCATIONAL MATERIAL, GROUP EVENTS, CONTENT, INSTRUCTION, AND OTHER INFORMATION TRANSMITTED BY A GROUP LEADER OR COMPANY PARTY RELATED TO THE GROUP EVENTS OR THIS AGREEMENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND THAT THE GROUP EVENTS OR PARTICIPANT’S INVOLVEMENT WITH COMPANY OR A WILD + FREE GROUP WILL IN ANY WAY ACHIEVE ANY INTENDED RESULT OR BE ERROR-FREE.
5. Limitation of Liability. IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY (A) INCREASED COSTS, DIMINUTION OF VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, (B) LOSS OF GOODWILL OR REPUTATION, (C) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY MATERIALS, (D) COST OF REPLACEMENT GOODS OR SERVICES, OR (E) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY GROUP EVENTS, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID TO COMPANY BY PARTICIPANT FOR THE GROUP EVENTS. THE FOREGOING LIMITATION APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6. COVID-19 Disclosure and Waiver. Participant acknowledges that he or she derives personal satisfaction and benefit by virtue of participation in Group Events, and willingly engages in such Group Events hereunder. Participant acknowledges and understands that (i) Participation in the Group Events includes possible exposure to and illness from infectious diseases including COVID-19, (ii) Participant knowingly and freely assumes all such risks related to illness and infectious diseases, including COVID-19, even if arising from the negligence or fault of Company Parties, and (iii) Participant hereby knowingly assumes the risk of injury, harm, and loss associated with the Group Events, including any injury, harm, and loss caused by the negligence, fault, or conduct of any kind on the part of any Company Party.
7. Miscellaneous. This Agreement is the sole agreement and understanding between Company and Participant concerning its subject matter, and it supersedes all prior agreements and understandings between the Parties with respect to such matters. This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. All Parties submit to both the jurisdiction and exclusive venue of the state and federal courts located in the City of Norfolk, Virginia. Any notice hereunder shall be given in writing at the address of each Party as set forth on the signature page hereto, or to such other address as a Party may substitute by written notice to the other Party. In any legal action or other negotiation or proceeding brought to enforce the terms of this Agreement, the non-prevailing Party shall pay to prevailing Party all costs and fees incurred by such prevailing Party in such action, including, without limitation, all reasonable attorneys’ fees and out-of-pocket expenses. Neither this Agreement nor any right hereunder or interest herein may be assigned or transferred by Participant without the prior written consent of Company. Company may assign this Agreement. This Agreement may be amended or modified only by a writing signed by both Parties. Waiver of any term or provision of this Agreement or forbearance to enforce any term or provision by either Party does not constitute a waiver as to any subsequent breach or failure of the same term or provision or a waiver of any other term or provision. In the event any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision. This Agreement is the result of the joint efforts of Company and Participant, and there shall be no construction against either Party based on any presumption of that Party’s involvement or role in the drafting of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.