HEREBY AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYSâ FEES AND COSTS) OF ANY NATURE WHATSOEVER, BY WHOMEVER ASSERTED, WHICH THEY MAY INCUR OR SUFFER ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO (A) ANY BREACH OR ALLEGED BREACH OF ANY AGREEMENT, COVENANT, REPRESENTATION, WARRANTY MADE BY ME IN THIS AGREEMENT OR (B) MY TRAVEL IN CONNECTION WITH, AND PREPARATION FOR, ATTENDANCE AND PARTICIPATION IN THE SEMINAR OR THE ACTIVITIES ASSOCIATED WITH THE PROGRAM, WHETHER OCCURRING BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INJURY, ILLNESS, DAMAGE, LOSS, HARM OR DEATH I OR ANY THIRD PARTIES MAY SUFFER THEREFROM AND ANY STATEMENT, ACTION OR OMISSION OF MINE DURING OR IN CONNECTION WITH THE PROGRAM OR RESULTING DIRECTLY OR INDIRECTLY FROM THE PROGRAM (WHETHER BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE PROGRAM).
ACKNOWLEDGE AND UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASEES WILL NOT BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, I ACKNOWLEDGE AND UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE RELEASEESâ TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE PROGRAM, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED MY COST OF ADMISSION TO THE SEMINAR. I ACKNOWLEDGE AND UNDERSTAND THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND MY PARTICIPATION IN THE PROGRAM. IN THE EVENT THAT ANY LITIGATION OR ARBITRATION IS BROUGHT BY ME OR THE RELEASEES, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ALL THE REASONABLE COSTS, ATTORNEYSâ FEES AND OTHER EXPENSES INCURRED BY SUCH PREVAILING PARTY IN THE LITIGATION OR ARBITRATION.
ACKNOWLEDGE AND UNDERSTAND THAT THERE IS A POSSIBILITY THAT SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, I WILL DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN OR UNSUSPECTED AT THE TIME THIS AGREEMENT WAS EXECUTED, AND WHICH IF KNOWN BY ME AT THAT TIME MAY HAVE MATERIALLY AFFECTED MY DECISION TO EXECUTE THIS AGREEMENT. I ACKNOWLEDGE AND AGREE THAT BY REASON OF THIS AGREEMENT, AND THE RELEASE CONTAINED IN THE PRECEDING PARAGRAPHS, I AM ASSUMING ANY RISK OF THE EXISTENCE OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS. I HAVE BEEN ADVISED OF THE EXISTENCE OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE THVIE OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
NOTWITHSTANDING SUCH PROVISIONS, THIS RELEASE SHALL CONSTITUTE A FULL RELEASE IN ACCORDANCE WITH ITS TERMS. I KNOWINGLY AND VOLUNTARILY WAIVE THE PROVISIONS OF SECTION 1542, AS WELL AS ANY OTHER STATUTE, LAW, OR RULE OF SIMILAR EFFECT OF ANY JURISDICTION THROUGHOUT THE WORLD, AND ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS RELEASE. IT IS INTENDED, UNDERSTOOD AND AGREED THAT THE RELEASE SET FORTH HEREIN CONSTITUTES RELEASE BY MYSELF OF ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, REGARDING OR RELATING TO THE SERIES. I HEREBY REPRESENT THAT I HAVE BEEN ADVISED BY MY LEGAL COUNSEL (OR, IN the ALTERNATIVE, HAVE HAD OPPORTUNITY TO BE ADVISED BY MY LEGAL COUNSEL, AND HAVE CHOSEN NOT TO CONSULT SUCH COUNSEL), UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND CONSEQUENCE OF THIS RELEASE AND OF THIS WAIVER OF SECTION 1542 AND OTHER SUCH LAWS.
ACKNOWLEDGE AND UNDERSTAND THAT IF I INSTITUTE OR ANYONE ON MY BEHALF INSTITUTES, ANY SUIT OR ACTION AT LAW OR ANY CLAIM FOR DAMAGES OR CAUSE OF ACTION AGAINST ANY OF THE RELEASES BECAUSE OF INJURY TO MY PERSON OR PROPERTY, OR MY DEATH, DUE TO THE ACTIVITIES COVERED BY THIS AGREEMENT, THIS AGREEMENT CAN AND WILL BE USED IN COURT AS CONCLUSIVE EVIDENCE OF MY FULL INFORMED âCOVENANT NOT TO SUEâ RELEASES, AND IT IS MY FULL INTENT AND DESIRE THAT THIS WAIVER BE GIVEN FULL FORCE AND EFFECT TO PREVENT ANY LITIGATION BROUGHT BY MY ESTATE, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS WHO MAY ATTEMPT TO BRING SUIT AGAINST THE RELEASES. I HAVE FREELY RELINQUISHED MY RIGHT TO SUE AND THUS MY SUCCESSORS, HEIRS AND ASSIGNS SHALL BE EQUALLY BOUND IN LAW AND EQUITY BY THIS COVENANT NOT TO SUE. IT IS MY UNDERSTANDING AND INTENT THAT THIS AGREEMENT WILL BE BINDING NOT ONLY ON MYSELF, BUT WILL ALSO BE BINDING ON ALL OTHER PERSONS OR ENTITIES INCLUDING MY ESTATE, EXECUTORS, HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS OR OTHER SUCCESSORS AND ASSIGNS WHO MAY INITIATE ANY SUIT, ACTION, CLAIM OR OTHER PROCEEDING ARISING OUT OF MY PARTICIPATION IN ANY AND ALL ACTIVITIES, HOWEVER SUCH INJURIES, DAMAGES OR LOSSES ARE CAUSED.
ACKNOWLEDGE AND UNDERSTAND that any dispute, controversy, or claim (collectively, âClaimsâ) arising out of or related to this Agreement, or the creation, validity, interpretation, breach, or termination of this Agreement will be resolved under Minnesota law. All parties agree that all Claims shall be finally and exclusively resolved by binding arbitration, under the Expedited Arbitration rules of the American Arbitration Association. Such arbitration will be held in the City of Minneapolis, Minnesota, and may be initiated by any party by sending a written notice request arbitration to the other parties. The parties agree not to contest personal jurisdiction or venue in connection with any such proceeding. Disputes may only be resolved on an individual basis, and I may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. The arbitrator may not consolidate more than one personâs claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
ACKNOWLEDGE AND UNDERSTAND that this document constitutes the entire agreement and understanding between the parties concerning the subject matter hereof, and supersedes all prior or contemporaneous communications, whether electronic, oral, or written between the parties, and cannot be changed or terminated except by a written instrument signed by the parties hereto.