Terms & Conditions
RELEASE OF LIABILITY AND ASSUMPTION OF RISK (CORPORATE)
Syteline User Network company (referred to as “Corporate Participant”) desires to participate in periodic events (the “Activities“) provided by or sponsored by Syteline User Group, Inc. d/b/a Syteline User Network (SUN), a Kansas not-for-profit corporation with address of PMP #10085, 300 International Drive, Williamsville, NY 14221 (the “Company“) by allowing employees or officers of the Corporate Participant to participate in the Activities. As lawful consideration for being permitted by the Company to participate in the Activities/the intangible value that the Corporate Participant will gain by participating in the Activities, the Corporate Participant agrees to all the terms and conditions set forth in this agreement (this “Agreement“).
CORPORATE PARTICIPANT IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE FOR THE CORPORATE PARTICIPANT’S EMPLOYEE OR OFFICER. CORPORATE PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES THAT ITS EMPLOYEE OR OFFICER SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. CORPORATE PARTICIPANT ACKNOWLEDGES THAT IT IS AND ITS EMPLOYEE OR OFFICER IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
Corporate Participant hereby expressly waives and releases any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, directors, employees, agents, affiliates, members, successors and assigns (collectively, “Releasees“), on account of injury, death or property damage arising out of or attributable to its employee’s or officer’s participation in the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. Corporate Participant covenants not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
Corporate Participant shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party in a final non-appealable judgment, arising out or resulting from any claim of a third party related to the Activities.
This Agreement constitutes the sole and entire agreement of the Company and Corporate Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and Corporate Participant and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Kansas and I hereby consent to the exclusive jurisdiction of such courts.
The undersigned hereby represents and warrants to the Company that she or he has the full right, corporate power, and authority to enter into this Agreement and bind the Corporate Participant.
WITH ACCEPTANCE, CORPORATE PARTICIPANT ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT IT IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.