Tucson, Arizona

Startup Zones – Serving Tucson Innovators & Entrepreneurs

    EVENT PARTICIPATION WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

    STARTUP ZONES EVENT PARTICIPATION WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

    PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.

    This Event Participation Waiver, Release, Assumption of Risk and Indemnification Agreement (“Agreement”) applies to participation in any event, program, workshop, accelerator, seminar, meeting, networking event, pitch event, competition, mentoring session, training program, demonstration, tour, social gathering, volunteer activity, or other activity organized, sponsored, hosted, co-hosted, funded, supported, or facilitated by Startup Zones, Inc. a 501(c)(3) non-profit (“Startup Zones”), whether participation is paid or free (collectively, the “Event”).

    In consideration for being permitted to attend or participate in the Event, the participant (“Participant”) agrees as follows.

    1. VOLUNTARY PARTICIPATION

    Participant understands and agrees that participation in the Event is voluntary.

    Participant is responsible for determining whether Participant is physically, mentally, professionally, and otherwise capable of safely participating in the Event and any associated activities.

    Participant understands that Startup Zones may establish reasonable rules, safety requirements, codes of conduct, eligibility requirements, or other participation requirements and may remove a Participant from an Event for conduct that Startup Zones reasonably determines to be unsafe, disruptive, unlawful, threatening, harassing, inappropriate, or contrary to the purpose of the Event.

    2. ASSUMPTION OF RISK

    Participant understands that attending or participating in an Event may involve known and unknown risks.

    These risks may include, without limitation:

    • slips, trips, falls, collisions, or other accidents;
    • bodily injury, illness, disability, or death;
    • exposure to infectious or communicable illnesses;
    • food allergies or reactions to food or beverages;
    • travel to, from, or during an Event;
    • use of facilities, equipment, demonstrations, prototypes, machinery, laboratories, vehicles, or other property;
    • actions or omissions of other participants, vendors, speakers, mentors, exhibitors, contractors, volunteers, sponsors, or members of the public;
    • theft, loss, or damage to personal property;
    • technology, cybersecurity, Internet, or communications failures;
    • disclosure of ideas, business concepts, intellectual property, confidential information, or other information by Participant; and
    • other risks that cannot reasonably be anticipated or eliminated.

    Participant knowingly and voluntarily accepts and assumes the risks associated with attending and participating in the Event.

    3. RELEASE AND WAIVER OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Participant, on behalf of Participant and Participant’s heirs, representatives, estate, successors, and assigns, releases and agrees not to bring a claim against the Released Parties for personal injury, bodily injury, illness, death, property damage, property loss, economic loss, or other damages arising from or relating to Participant’s attendance at or participation in the Event, including claims arising from the ordinary negligence of one or more Released Parties, except to the extent such liability cannot lawfully be released or waived.

    For purposes of this Agreement, “Released Parties” means:

    Startup Zones, Inc., and its directors, officers, employees, agents, contractors, instructors, mentors, advisors, volunteers, representatives, sponsors, partners, hosts, co-hosts, affiliates, successors, and assigns;

    and, when the Town of Oro Valley is a sponsor, host, co-host, funding source, partner, venue provider, or otherwise associated with the applicable Event, the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, representatives, agents, and volunteers, individually and collectively;

    and any Event venue owner or operator, Event sponsor, participating educational institution, governmental entity, community partner, contractor, exhibitor, or other organization specifically identified as a Released Party in connection with the applicable Event.

    Nothing in this Agreement is intended to waive or release liability that cannot legally be waived or released under applicable law.

    4. INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS

    To the fullest extent permitted by law, Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against losses, claims, suits, demands, actions, judgments, liabilities, damages, expenses, reasonable attorneys’ fees, defense costs, and other costs or claims of any kind or nature to the extent arising from or caused by:

    1. Participant’s negligent, reckless, intentional, unlawful, or wrongful acts or omissions;
    2. injury or damage caused by Participant to another person or property;
    3. Participant’s violation of Event rules, safety requirements, laws, regulations, or this Agreement;
    4. materials, information, products, demonstrations, equipment, prototypes, or other property brought to or used at an Event by Participant;
    5. Participant’s infringement or alleged infringement of another person’s intellectual property, privacy, publicity, contractual, proprietary, or other rights; or
    6. a claim brought by a third party arising from Participant’s conduct or participation in the Event.

    Participant’s indemnification obligation applies only to the extent permitted by applicable law. It is not intended to require Participant to indemnify a Released Party for liability that applicable law prohibits the Released Party from transferring to Participant.

    5. PERSONAL PROPERTY

    Participant is solely responsible for Participant’s personal property, equipment, computers, prototypes, vehicles, documents, and other possessions.

    Startup Zones and the other Released Parties are not responsible for loss, theft, disappearance, destruction, or damage to Participant’s property except to the extent liability cannot lawfully be excluded.

    6. MEDICAL TREATMENT AND EMERGENCY ASSISTANCE

    If Participant becomes injured or ill during an Event and is unable to make an informed treatment decision, Participant authorizes Startup Zones, Event personnel, venue personnel, or emergency responders to obtain or provide reasonable emergency assistance on Participant’s behalf.

    Participant understands that Startup Zones does not undertake a duty to provide medical care and that professional emergency or medical services may not be immediately available.

    Participant is responsible for medical, transportation, ambulance, hospital, or other expenses incurred on Participant’s behalf, except to the extent another party is legally responsible for those expenses.

    7. IDEAS, INTELLECTUAL PROPERTY, AND CONFIDENTIAL INFORMATION

    Participant understands that Startup Zones Events may involve discussions of business concepts, inventions, technologies, customer information, products, strategies, research, intellectual property, startup concepts, and other potentially valuable information.

    Unless a separate written confidentiality or nondisclosure agreement expressly states otherwise, participation in a Startup Zones Event does not create a confidential relationship between Participant, Startup Zones, mentors, speakers, judges, investors, sponsors, other participants, or other attendees.

    Participant is responsible for determining what information Participant wishes to disclose and for taking appropriate steps to protect Participant’s patents, patent rights, trade secrets, copyrights, trademarks, confidential information, proprietary information, and other intellectual property.

    Participant should not disclose information that Participant is not authorized to disclose.

    Startup Zones does not acquire ownership of Participant’s intellectual property merely by Participant’s participation in an Event.

    8. MENTORS, SPEAKERS, INVESTORS, AND INFORMATION

    Startup Zones Events may provide access to entrepreneurs, mentors, advisors, speakers, investors, educators, government officials, business leaders, subject-matter experts, and other individuals.

    Their statements, recommendations, comments, opinions, questions, feedback, and suggestions are their own unless expressly stated otherwise.

    Information provided during an Event is generally intended for educational and informational purposes. It should not automatically be considered legal, accounting, tax, investment, medical, engineering, financial, or other regulated professional advice.

    Participant remains responsible for Participant’s own decisions, actions, business activities, investments, contracts, intellectual-property decisions, and professional advice.

    Startup Zones does not guarantee that participation in an Event will result in funding, investment, customers, employment, partnerships, commercial success, intellectual-property protection, business formation, revenue, or any other particular result.

    9. CONDUCT AND RESPONSIBILITY FOR GUESTS

    Participant agrees to act responsibly and respectfully toward other participants, Event personnel, volunteers, speakers, mentors, sponsors, venue personnel, and members of the public.

    Participant is responsible for any guests Participant brings to an Event and agrees that guests may be required to execute this Agreement separately.

    Startup Zones may refuse admission or require a Participant or guest to leave an Event when Startup Zones reasonably believe doing so is necessary to protect safety, property, Event operations, or other participants.

    10. PHOTOGRAPHY, VIDEO, AND RECORDING

    Events are typically photographed and partially recorded. When events are streamed and recorded in full, Participants will be advised in advance.

    In either case, unless Participant notifies Startup Zones in writing before the Event that Participant does not consent to identifiable use of Participant’s image, Participant authorizes Startup Zones to photograph, record, reproduce, publish, display, distribute, and use Participant’s name, image, likeness, voice, and appearance captured in connection with the Event for Startup Zones’ educational, informational, archival, promotional, marketing, fundraising, website, social-media, and nonprofit purposes without additional compensation.

    This authorization does not transfer ownership of Participant’s independently created presentations, inventions, demonstrations, or other intellectual property.

    Where an Event uses a separate photography or media-consent election, that election will control over this paragraph.

    11. EVENT CHANGES AND THIRD-PARTY SERVICES

    Startup Zones may modify Event schedules, locations, speakers, mentors, activities, programming, or other Event details when reasonably necessary.

    Third-party venues, websites, software platforms, transportation providers, caterers, sponsors, vendors, and other service providers may have their own terms, policies, waivers, or requirements. Participant is responsible for reviewing and complying with those requirements when applicable.

    12. PAID AND FREE PARTICIPATION

    This Agreement applies regardless of whether Participant pays a registration fee, receives a scholarship or complimentary registration, attends as a guest, speaker, mentor, volunteer, exhibitor, judge, sponsor representative, student, founder, employee, investor, community member, or otherwise participates without payment.

    Payment of an Event fee does not alter the allocation of risks established by this Agreement.

    Separate registration, cancellation, transfer, and refund policies may apply to paid Events.

    13. GOVERNING LAW

    This Agreement will be governed by and interpreted in accordance with the laws of the State of Arizona, without regard to its conflict-of-laws principles.

    To the extent permitted by law, any legal proceeding relating to this Agreement or Participant’s participation in the Event shall be brought in a court of competent jurisdiction located in Pima County, Arizona, unless applicable law requires otherwise.

    14. SEVERABILITY

    If any portion of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable when legally permissible.

    If it cannot be made enforceable, it will be severed, and the remaining provisions will fully continue in effect permitted by law.

    15. PARTICIPANTS UNDER 18

    A Participant who is under 18 years of age must disclose that fact during registration and may participate only with the authorization required by Startup Zones for that Event.

    Startup Zones should use a separately reviewed Parent/Legal Guardian Consent, Assumption of Risk, and Indemnification Agreement for minors rather than relying solely on the adult Participant Agreement above.

    16. ACKNOWLEDGMENT, ACCEPTANCE, AND AGREEMENT TO BE BOUND

    Participant acknowledges and agrees that acceptance of this Agreement does not require a handwritten or electronic signature.

    By registering for an Event, purchasing, accepting, receiving or using an Event ticket or guest pass, accepting an invitation to participate, checking in for an Event, electronically accepting this Agreement, signing this Agreement, entering or remaining at an Event after receiving notice of these terms, or otherwise attending or participating in an Event, Participant acknowledges that Participant has had notice of and an opportunity to review this Agreement and agrees to be bound by its terms.

    Acceptance may include, without limitation:

    • physically signing this Agreement;
    • electronically signing this Agreement;
    • typing Participant’s name as an electronic signature;
    • checking an acknowledgment or acceptance box;
    • clicking an “I Agree,” “Accept,” “Register,” “RSVP,” “Reserve Ticket,” “Get Ticket,” or similar button when notice of this Agreement is provided;
    • registering for an Event, whether directly or through a third-party registration or ticketing platform;
    • accepting, receiving, or using a complimentary, sponsored, transferred, or guest ticket or invitation when notice of this Agreement is provided;
    • checking in for an Event after being provided notice that participation is subject to this Agreement;
    • entering or remaining at an Event after being provided notice that attendance constitutes acceptance of this Agreement; or
    • otherwise participating in an Event after being provided a reasonable opportunity to review these terms.

    Participant agrees that an electronic record, electronic signature, electronic acknowledgment, registration record, ticket record, check-in record, or other record evidencing Participant’s acceptance may be used to establish Participant’s agreement to these terms to the fullest extent permitted by applicable law.

    IF PARTICIPANT DOES NOT AGREE TO THESE TERMS, PARTICIPANT MUST NOT REGISTER FOR, ENTER, REMAIN AT, OR PARTICIPATE IN THE EVENT.

    By attending or participating after receiving notice of this Agreement, Participant represents that Participant has read, understands, accepts, and intends to be legally bound by this Agreement.