AIPLA 2023 Mid-Winter Institute Trial Courtyard Waiver Release Form

At the 2023 American Intellectual Property Law Association’s ("AIPLA" ) Mid-Winter Institute being held at the Ranch Bernardo Inn, 17550 Bernardo Oaks Drive, San Diego, California (the "Hotel"), I wish to try certain exercise equipment, nutritional supplements and food made available to me by third-party vendors ("Vendors") (collectively the "Activity"). In consideration of being permitted to participate in the Activity and in recognition of AIPLA's reliance hereon, I agree to all the terms and conditions set forth herein (this "Release").

1.                  I am aware and understand that the Activity includes a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage as well as allergic or other adverse reaction (collectively, "Injury). I am also aware of the risk that I may suffer an Injury by engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of the Vendors, AIPLA employees or volunteers, or Hotel employees or others, including negligent emergency response or rescue operations of the Vendors, AIPLA or the Hotel. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL, BODILY OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM.

2.                  I hereby expressly waive and release any and all claims, now known or hereafter known, against AIPLA, the Vendors, and the Hotel, and its and their officers, directors, manager(s), employees, volunteers, agents, affiliates, shareholders, members, successors, and assigns (collectively, "Releasees") on account of personal, bodily or psychological injury, illness, pain, temporary or permanent suffering, disability, death, property damage, or financial loss arising out of my participation in the Activity. I covenant not to make or bring any such claim against any Releasee, and forever release and discharge each and all Releasees from liability under such claims. This Release does not extend to claims for gross negligence, willful misconduct, or any other liabilities to the extent applicable law does not permit such waiver or release by agreement. For clarity, this Release remains effective to the fullest extent permitted by applicable law.

3.                  I understand that by signing this Release below or accepting this Release online, I am waiving any and all claims of any kind arising out of or attributable to my engaging in the Activity and sustaining an Injury, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

4.                  I shall defend, indemnify, and hold harmless each and all 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 attorneys’ fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against any of the Releasees arising out of or resulting from any claim related to my participation in the Activity, including any claim related to the ordinary negligence of the Releasees.

5.                  I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.

6.                  This Release constitutes the sole and entire agreement of AIPLA and me 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 Release is held to be invalid, illegal, or unenforceable in any jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the fullest extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and shall inure to the benefit of AIPLA and me, and our respective successors and assigns.

7.                  I hereby agree that this Release is intended to be as broad and inclusive as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, without reference to any choice of law doctrine.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE AIPLA, THE VENDORS, THE HOTEL OR ANY OTHER RELEASEES.