POINT ONE VISION AGREEMENT AND LIABILITY WAIVER

Please read this waiver carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this document unless you have read and understood it in its entirety. By agreeing electronically, you acknowledge that you have both read and understood the text presented to you as part of the registration process You also understand and agree that events carry certain inherent dangers and risks which may or may not be readily foreseeable, including without limitation personal injury, property damage or death. Your ability to participate in the event(s) is/are subject to your agreement to the waiver and by agreeing herein, you accept and agree to the terms of the waiver and release agreement.

By indicating your acceptance, you understand, agree, warrant and covenant as follows:

By agreeing and submitting your registration, you agree and abide to the Waiver & Release with the full knowledge and appreciation that this event is potentially a hazardous activity. I assume all risks attendant thereto and thus release, waiver and forever discharge Point One Vision (the "Event") as well as the event director, sponsors, volunteers, land owners and any local, state, or government entity from any and all liability or responsibility for injuries and or property damage which may occur during any event put on by this event director. This waiver and release is applicable to all related programs, fundraisers and/or events under the Point One Vision name to include, but not limited to, Full Armor, SERVE trips and the Oahu Pentathlon. This waiver and release includes you and all parties herein, and all heirs, executors or administrators thereto, and is given in full awareness of its contents and in consideration of acceptance/entry into this event. Further I agree to abide by the rules and regulations of the event and any other local, state and municipal laws applicable.

 

REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and Waiver"):

1. Authority to Register and/or to Act as Agent. You represent and warrant that the Event Director for Point One Vision to have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the "Registered Parties"), including full authority to make use of the credit or debit card to which registration fees will be charged, if applicable. If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 18, you agree and consent to the collection of that child's information which you provide for the purposes of registration.

2. Waiver. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT is POTENTIALLY HAZARDOUS OR LIFE THREATENING, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS, OPEN WATER AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE ACTIVE FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.

3. Limitation of Liability; Disclaimer of Warranties The Event Director SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT. INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE EVENT DIRECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Indemnification. You agree to indemnify and hold the Event Director, Point One Vision and the property owner harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use.

5. Applicable Law; Consent to Jurisdiction. By completing this event registration and waiver, both you and the event director agree that the statutes and laws of the state in which the event is held in, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Agreement and Waiver, and the Terms of Use. You agree that exclusive jurisdiction for any dispute with Event Director resides in the courts of the state in which the Event is held and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the event State of or in connection with any dispute including any claim involving the Event Director or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of which the event is held and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.

7. COVID-19 Assumption of Risk and Liability: Please understand that despite all the precautions that you, other members, and/or BUSINESS ENTITY may take, we cannot guarantee your health or safety, and you may still be exposed to COVID-19, including through interactions with other individuals who have COVID-19. By executing this release and gaining access to the facility, you, on behalf of yourself, your heirs, beneficiaries, representatives, successors and assigns: (1) voluntarily assumeall risks associated with any exposure to COVID-19, including. but not limited to suffering any type of medical condition, illness and, potentially, death; and (2) knowingly and voluntarily waive, release, covenant not to sue, forever discharge, indemnify, and hold harmless BUSINESS ENTITY, its parents and subsidiaries and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns ("Released Parties") from any and all liability, damages, losses, suits, demands, causes of action to the fullest extent permitted by the laws of this state, or any other claims of any nature whatsoever, arising out of or relating in any way to your use of the facility and your potential exposure to COVID-19.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. ABSOLUTELY NO REFUNDS FOR ANY EVENT.

You must be over 18 years of age OR the parent/legal guardian of a minor under 18 years of age OR the legal guardian of an incapacitated and/or mentally challenged person in order to agree to the text above. By signing this Agreement without a parent or legal guardian's signature, the Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant. The undersigned parent or legal guardian shall be solely and singularly liable to the minor child for any physical injury, death and/or property damage sustained or purported to be sustained by the minor child as a result of the minor child's participation in a Point One Vision event.

By signing my name below I agree that I have read this waiver of liability, assumption of risk, and indemnity agreements above, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I agree with all of the above.