Event Terms and Conditions
In consideration of the risk of injury while participating in Attentive Mobile Inc.’s (“Attentive”) sponsored event referred to as TopGolf with Attentive (the "Event"), and as consideration for the right to participate in the Event, I hereby, for myself, my heirs, executors, administrators, assigns, and personal representatives, knowingly and voluntarily agree to these terms and conditions (the “Event Terms and Conditions”) and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Event, and do hereby release and forever discharge Attentive, located at 221 River Street, Suite 9047 Hoboken, NJ 07030, its directors, officers, volunteers, representatives, parent companies, affiliates, managers, shareholders, attorneys, staff, predecessors, successors, assigns and agents (the “Released Parties”), for any physical or psychological injury, including but not limited to illness, disease, paralysis, death, damages, or economic or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Event, including traveling to and from an event related to this Event.
I am voluntarily participating in the aforementioned Event and I am participating in the Event entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Event, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disease, temporary or permanent disability, economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the Event location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Event, including travel to, from and during this Event.
I understand that in-person gatherings and events carry an inherent higher risk of exposure to COVID-19. Despite the protocols and requirements Attentive has put in place, Attentive cannot eliminate all risk that COVID-19 may be transmitted at the Events. COVID-19 is highly contagious and can lead to severe illness and death. I am aware and accept that my decision to attend the Event carries certain inherent risks related to contracting COVID-19.
When deciding to attend, attendees should consider risks involved and evaluate their individual risk tolerance. In particular, vulnerable individuals, such as individuals with pre-existing health conditions, should consider taking extra precautions that may not be required by law, the venue, or Attentive, to protect against COVID-19.
By attending, I hereby voluntarily, knowingly and freely accept and assume all such risks related to contraction of COVID-19, even if arising from the negligence or fault of Attentive or any Released Parties. I further acknowledge and assume full responsibility for risks inherent in any type of physical activity, including the activities at the Event location(s).
When providing information to Attentive regarding my health or vaccination status, I represent that all such information is accurate and truthful. If I am experiencing any symptoms associated with COVID-19 or if I test positive for COVID-19 within 72 hours of the Event, I will not attend the Event. If I begin experiencing any symptoms associated with COVID-19 or if I discover that I have tested positive for COVID-19 while at the Event, I will immediately inform Attentive.
I understand that Attentive may collect, manage and share personal information in accordance with Attentive’s Privacy Policy, which can be found at www.attentivemobile.com/privacy.
In addition to the categories listed in the Privacy Policy, I acknowledge that Attentive will also collect Event attendees’ health information, such as COVID-19 vaccination status, whether attendees have been tested for COVID-19 and the test results, and whether attendees are experiencing any symptoms that may be associated with COVID-19. Attentive will use this information to protect the health and safety of attendees by mitigating the risk of exposing individuals to COVID-19 and for other reasons as set forth in the Privacy Policy. Attentive will share attendees’ health information as necessary to achieve these purposes, including with service providers and state and local government authorities. Attentive will never sell attendees’ health information or use it for marketing or promotional purposes.
In addition to the above, I understand and acknowledge that when attending the Event, I must comply with federal, state, and local law, as well as the policies of the venue at the time of the event.
I agree to indemnify and hold harmless the Released Parties against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If the Released Parties incur any of these types of expenses, I agree to reimburse the Released Parties.
I acknowledge that the Released Parties are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or Event on behalf of the Released Parties.
I acknowledge that I have carefully read these Event Terms and Conditions and fully understand that it is a release of liability. I expressly agree to release and discharge the Released Parties from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against the Released Parties for personal injury or property damage or any other legal claim related to my participation in the Event.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Released Parties.
In the event that any damage to equipment or facilities or any bodily injury to another participant occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
These Event Terms and Conditions are entered into at arm's-length without duress or coercion. Both Attentive and I agree that the Terms and Conditions are clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of the Terms and Conditions, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within the Event Terms and Conditions shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of these Event Terms and Conditions shall be determined to be unlawful or otherwise unenforceable, the remainder of these Event Terms and Conditions shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of the Event Terms and Conditions to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
By checking the box in connection with my registration for the Event, I affirm that I am of the age of 18 years or older, and that I am freely signing the Event Terms and Conditions. By checking the box in connection with my registration for the Event, I certify that I have read the Event Terms and Conditions, that I fully understand its content and that this release cannot be modified orally. By checking the box in connection with my registration for the Event, I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
