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Shadowing Waiver

Last Updated: 4/18/19

In order to shadow, you must agree to this shadowing waiver, effective upon booking or participation in a shadowing session, whichever occurs first.

Representation

You represent that you are at least 18 years old and if not, you meet the minimum age set out by your expert and have obtained the necessary permission to shadow without accompaniment. If you are 18 years of age or older and bringing a minor as a guest, you acknowledge and agree they you must supervise the minor throughout the duration of the session and have read this shadower waiver and agree to it on behalf of the minor. If you are booking a shadowing session on behalf of other guests, you acknowledge and agree that the terms “you” serve as reference to those on whose behalf you book and that each said guest has read and agrees to this shadowing waiver.

Assumption of Risks

You understand that recognize that that the shadowing session(s) you book may be hazardous, carrying the risk of physical injury, property damage, disability, permanent paralysis, illness and death. To the maximum extent permitted under applicable law you knowingly, voluntarily and freely assume all risks, both known and unknown, of participating in shadowing sessions, even if those risks arise from the negligence or carelessness of the expert or others, or defects in the equipment, premise or facility used during the session, or otherwise, and you assume full responsibility for participating in the shadowing session.

Release and Waiver

You acknowledge and agree that (a) you have reasonably evaluated the risks associated with shadowing and have made an informed and voluntary decision to participate, (b) you alone, and not your expert, are responsible for determining your fitness for shadowing and your ability to fully comprehend any instructions, directions or cautions presented, (c) you will not participate in any shadowing session if you have a physical, medical or mental disability that may limit or impede you from safely shadowing and (d) you will act reasonably and responsibly while shadowing, complying with all instructions, directions, or precautions as expressed verbally or otherwise by your expert and others and you will stop shadowing immediately if a hazard is present.

To the maximum extent permitted by law, you release and agree not to sue your expert for any claims, damages, demands, causes of action, expenses, costs, losses (both economic or non-economic) or liability of any nature whatsoever stemming from or in conjunction with your shadowing session(s), whether based on warranty, contract, tort (including negligence or carelessness), product liability or any other legal theory. To the maximum extent permitted by law, you intend this shadower waiver to be a complete and unconditional release of all liability. You acknowledge and agree that if any section of this shadowing waiver is found to be invalid, the balance shall continue, notwithstanding, in full legal force and effect.

Disclaimer of Warranties

To the maximum extent permitted by law, experts offer the shadowing session(s) “as is,” without warranties of any nature, whether expressed or implied and, without limited the foregoing, expressly disclaim any warranties of safety, fitness for a particular purpose, quiet enjoyment or sufficiency of the instructions and precautions provided to you.

Indemnification

You acknowledge and agree that if you or anyone on your behalf, despite this shadower waiver, make a claim against the expert relating to a shadowing session, you will indemnify and hold the expert harmless from any damages, demands, losses or liabilities, which the expert may incur as a consequence of such a claim. You confirm that you have read this shadower waiver and fully understand the assumption of risk, release, waiver and consent contained within it. Further, you understand that you have given up rights by agreeing to the terms in this shadowing waiver and have done so freely and voluntarily, without inducement or coercion.