RELEASE, ASSUMPTION OF ALL RISKS AND BINDING ARBITRATION AGREEMENT

Marin Offsite (Tam Glad DBA), its and their employees, shareholders, subsidiaries, affiliates, officers, directors, successors, representatives and assigns (collectively Tam Glad Wellness and Adventures) does not own or operate any entity which provides, or is to provide, goods or services for your event including, for example, lodging facilities, transportation companies, food service or entertainment providers, equipment suppliers, operators of recreational, adventure or other activities (regardless of whether such activities are included as part of the Marin Offsite (Tam Glad DBA) event itinerary). As a result, Marin Offsite (Tam Glad DBA) is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party.

In addition, I acknowledge that I have voluntarily applied to participate in the event designated on this application. I am voluntarily participating in this event with the knowledge of the numerous risks and dangers involved including but not limited to: negligence in any manner on the part of Marin Offsite (Tam Glad DBA) including, without limitation, negligence in the conduct or arrangement of the event in any respect from inception to completion, negligence with regard to bicycle selection or maintenance, the use, installation or maintenance of any optional or add-on equipment such as pedals, odometers, mirrors, bar ends, etc., in the maintenance or operation of any van or other motor vehicle utilized to transport passengers, etc.; acts of God or force majeure; physical exertion for which I am not prepared; negligent or reckless cycling by the participant or others; inability to properly operate a bicycle; forces of nature; weather conditions; transportation failures or the failure of any transportation mechanism to arrive or depart timely or safely, whether by auto, boat, canoe, kayak, bicycle, by foot, or by any other conveyance; consumption of alcoholic beverages; risks associated with food; terrorism or the threat thereof; criminal activity; bites from or dangers associated with wild or other animals, pests or insects; negligence or willful misconduct by third parties; breakdown or failure of bicycles or other equipment; financial default of any supplier; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; epidemics or the threat thereof including, but not limited to, exposure to COVID-19 by any means of transmission; stolen, lost, or misplaced luggage or property; and theft or break-ins into vans, lodging rooms or elsewhere. I acknowledge that the enjoyment and excitement of adventure offsites is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.

I acknowledge that the cost of all Marin Offsite (Tam Glad DBA) events is based upon event participants executing this Release of Liability, Assumption of All Risks, and BindingArbitration Agreement. I agree that this Agreement shall be legally binding upon me personally, all members, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this event and to release Tam Glad Wellness and Adventures from any and all liability to the maximum extent permitted by law.

MISCELLANEOUS MATTERS: I understand that Marin Offsite (Tam Glad DBA) reserves the right to take photographic or film records of any of its events and hereby agree that Tam Glad Wellness and Adventures may use any such photographic or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom Marin Offsite (Tam Glad DBA) may engage in joint marketing, without any remuneration to me. I hereby assign all right, title, and interest I may have in or to any and all media in which my name or likeness might be used by Tam Glad Wellness and Adventures.

I agree to follow all written and verbal rules of safety presented to me by Marin Offsite (Tam Glad DBA). I understand that Marin Offsite (Marin Offsite Tam Glad DBA) reserves the right to refuse as a event participant, or remove from a event, without refund, any person it judges to be incapable of meeting the rigors and requirements of participating in the activities, or who is abusive to other event participants, leaders or third parties, or who it determines to detract from the enjoyment of the event by others. Marin Offsite (Tam Glad DBA) reserves the right to make itinerary and event modifications as required or desirable to improve the event quality and/or to accommodate the comfort and well-being of guests.

BINDING ARBITRATION: I agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my event, or the event itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) California law without consideration of the California Arbitration Act and will take place in Marin County, CA. Except for events in California, the California Vehicle Code will be inapplicable to my event or any claim arising therefrom. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. By agreeing to these terms and conditions, I, as well Tam Glad Wellness and Adventures, waive our right to a trial by jury.

KNOWING & VOLUNTARY EXECUTION: I understand that this is a legally binding and enforceable contract and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.