PARTICIPANT RELEASE OF LIABILITY AND INFORMED CONSENT
The undersigned, on behalf of himself or herself if participating, and/or his or her minor child listed below if the minor child is participating (“Participant”), give permission for Participant to (1) visit the mobile laboratories, collision centers, and other facilities (including but not limited to STEM Laboratories, Resource Centers, TAP Centers, and TAB Hubs) of Caliber Holdings LLC (or its subsidiaries or affiliates, including Protech Electronics LLC, d/b/a Protech Automotive Solutions, Caliber Holdings LLC, d/b/a Caliber Auto Glass, and/or Service First Automotive LLC, d/b/a Caliber Auto Care) (collectively, “Caliber”); Learning Undefeated, Inc. (“Learning Undefeated”); and TechForce Foundation (“TechForce”), (2) to take part in the activities on such facilities of Caliber; Learning Undefeated; and TechForce, and (3) to handle and use sensitive equipment, computers, materials and chemicals (collectively referred to as the “Activities”).
1. Voluntary. Participant’s participation in the Activities is completely voluntary. The undersigned and Participant voluntarily assume all responsibility and all risk of loss, damage, illness and/or injury to person or property which Participant may sustain in connection with Participant’s participation in the Activities.
2. Release. In consideration of Participant’s voluntary participation in the Activities, to the fullest extent permitted by law, the undersigned and Participant expressly release and forever discharge, on their behalf and on behalf of their heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors-in-interest, assigns, and all other persons and entities claiming through them, Caliber; Wand TopCo, Inc.; Learning Undefeated; TechForce and their parents (direct or indirect), affiliates, subsidiaries (direct or indirect), insurers, employees, partners, officers, directors, members, and associates (collectively referred to as the “Released Parties”) from all duties, obligations, demands, claims, actions, causes of action, suits, damages, rights or liabilities of any nature and description whatsoever, whether arising under local, state or federal law, whether by Constitution, statute, regulation, judicial interpretation, tort, contract (express, implied or otherwise), common law or equity or otherwise, whether known or unknown, concealed or hidden, suspected or unsuspected, anticipated or unanticipated, asserted or unasserted, foreseen or unforeseen, actual or contingent, including without limitation all claims in any way resulting directly or indirectly from Participant’s voluntary participation in the Activities.
By signing this Participant Release of Liability and Informed Consent (“Agreement”), the undersigned and Participant accept and assume full responsibility for any and all injuries, damages (both economic and non- economic), death, and losses of any type, which Participant may incur by participating in the Activities, regardless of whether such result is, in whole or in part, from the negligence of the Released Parties.
The undersigned and Participant expressly agree to indemnify and hold the Released Parties harmless against all claims, demands, damages, rights of action, or causes of action, of any person or entity, which may arise from injuries or damages resulting from Participant’s voluntary participation in the Activities.
2. Follow Rules. Participant agrees to abide by and follow all applicable laws and expectations, and to comply with all rules, directions, instructions, and standards of conduct imposed by the Released Parties and their personnel. The Released Parties reserve the right to limit or terminate Participant’s participation if, in their sole discretion or the discretion of their personnel, Participant’s actions or conduct do not conform to the foregoing, or otherwise are dangerous, destructive, or disruptive.
3. Medical. The undersigned and Participant represent and warrant: (a) that Participant has adequate medical, health and/or other insurance, and (b) that Participant has no physical, medical, health related or other problems which would preclude or restrict Participant’s participation or otherwise render Participant’s participation in the Activities dangerous or harmful to Participant or to others. Should Participant require emergency medical treatment or first aid as a result of illness or injury arising out of or relating to Participant’s participation in the Activities, the undersigned and Participant consent to such emergency medical treatment or first aid.
4. Severability. Any invalid or unenforceable provision of this Agreement shall be severed and the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
5. Governing Law. Any controversy or claim arising out of or relating to this Agreement or its breach will be submitted to arbitration in the state where the claim arises and shall be referred to a single arbitrator. This Agreement and any arbitral award shall be construed and enforced under and subject to the laws of the State of Texas.
THE UNDERSIGNED HAS READ AND FULLY UNDERSTANDS THIS AGREEMENT AND VOLUNTARILY EXECUTES THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.