03/04/2019 Active Agreement and Waiver

ACTIVE AGREEMENT AND LIABILITY WAIVER (“Agreement and Waiver”)

PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS

YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT,
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT
AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.

Though you still need to read the entire document, some of the key points of this Agreement and Waiver are
highlighted here:

The activity for which you are registering (the “Event”) may be physically challenging and may pose a
risk of discomfort, illness, injury, and even death. You need to be satisfied that you are physically capable
of doing the Event without undue risk to your health or your life. We do not conduct health or fitness
checks on entrants.
The Event may involve inherent risks and dangers to participants and observers and, accordingly, you
participate or observe at your own risk.
Where you have registered or entered on behalf of anyone under the age of 18 or have accompanied
anyone under the age of 18 to observe the Event, you also agree to the contents of this Agreement and
Waiver on behalf of the person under 18.

In consideration of being permitted to register and/or participate in and/or observe the Event, on behalf of
yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons
supported by you (if relevant under the applicable laws), you understand that:

1. Authority to Register and/or to Act as Agent. You represent and warrant to Active Network, LLC (“Active”)
that you have full legal authority and capacity to complete the registration for the Event, including this
Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering
(the “Registered Parties”), including full authority to make use of the credit or debit card to which registration
fees will be charged. As used in this Agreement and Waiver, (a) “Active” means and includes Active Network,
LLC, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled
by, or are under common control with Active singly or together and its and each of their officers, employees,
contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b)
“you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are
registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.

If you are registering a child under the age of 18 or an incapacitated adult, you represent and warrant that you are
the parent or legal guardian of that party and have the legal authority and capacity to enter into this Agreement
and Waiver on his/her behalf and by proceeding with registration for the Event, you agree that the terms of this
Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each
person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party
(including, without limitation, any minor) agrees to indemnify, defend, and hold Active harmless from any
liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable
attorneys’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”) in the event the Liability
arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and
conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the
Registered Parties makes a claim against Active, you agree, immediately upon request or demand by Active, to
defend, indemnify, and hold Active harmless from all Liabilities which may be incurred as the result of such
claim.

2. ASSUMPTION OF RISK. IN CONSIDERATION OF THE ACCEPTANCE OF YOUR

REGISTRATION AND PARTICIPATION IN THE EVENT, YOU ASSUME FULL AND COMPLETE
RISK AND RESPONSIBILITY FOR ANY DISCOMFORT, ILLNESS, INJURY, OR ACCIDENT
WHICH MAY OCCUR WHILE YOU ARE PREPARING FOR THE EVENT, DURING THE EVENT,
WHILE YOU ARE ON THE PREMISES OF THE EVENT, OR WHILE YOU ARE TRAVELING TO

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OR FROM THE EVENT. YOU UNDERSTAND THAT PARTICIPATING IN THE EVENT MAY BE
HAZARDOUS, AND THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE
MEDICALLY ABLE AND PROPERLY TRAINED. YOU SHOULD CONSULT YOUR DOCTOR
BEFORE PARTICIPATING IN THE EVENT. IT IS YOUR RESPONSIBILITY TO CHECK AND TO
ENSURE THAT YOU ARE AT ALL TIMES MEDICALLY AND PHYSICALLY FIT TO PARTICIPATE
IN THE ACTIVITIES RELATED TO THE EVENT. YOU ACKNOWLEDGE AND AGREE THAT THE
EVENT MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING
THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. YOU ALSO
ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE EVENT MAY CARRY WITH IT
CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY
RANGING FROM RISK OF MINOR DISCOMFORT TO CATASTROPHIC INJURIES INCLUDING
PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF AND ASSUME ALL RISKS
ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING WITHOUT LIMITATION
RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH
OTHER PARTICIPANTS, ACTS OR OMISSIONS OF OTHER PARTICIPANTS, EFFECT OF
WEATHER, TRAFFIC AND CONDITIONS OF ANY ROAD.

3. Representations. You represent and warrant that you are in good physical condition, are able to safely
participate in the Event, and have no medical condition that would make your participation in the Event more
hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to
you and understand that this Agreement and Waiver extends to any liability arising out of or in any way
connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
You understand that no medical care may be available, but if it is, you assume liability for any and all medical
expenses incurred as a result of your participation in the Event (where such medical expenses are not provided
on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited
to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe
and obey all posted rules and warnings, to follow any instructions or directions provided to you by Active or the
Event organizer and to abide by any decision of any Event official relative to your ability to safely participate in
or attend the Event. You understand and agree that you are expected to exhibit appropriate behavior at all times
while at the Event and to obey all applicable laws while participating in or attending the Event. This includes,
generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss
you, without refund, should your behavior, in the opinion of Active or the Event organizer, endanger the safety
of or negatively affect the Event. You understand and agree that you are responsible for taking care of your own
personal belongings during the Event and, to the maximum extent permitted by law, neither Active nor the Event
organizer is responsible for any personal item or property that is lost, damaged or stolen at the Event. You
understand and agree that the Event organizer reserves the right to cancel the Event in the event of weather
(including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of
war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event
participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any
other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the
Event organizer. You agree to hold Active harmless from any liability, claim, demand, cause of action, damage,
loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature, related to any
cancellation or disruption of the Event.

4. RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT
TO SUE AND FOREVER DISCHARGE ACTIVE AND ALL OTHER PERSONS ASSOCIATED WITH
THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE
AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION
AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY
LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE
PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF
ANY OF THE ABOVE PARTIES, OR OTHERWISE.

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ACTIVE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT
LIMITING THE FOREGOING, ACTIVE WILL NOT BE RESPONSIBLE FOR (A) THE USE OR THE
INABILITY TO USE THE ACTIVE SITES, PRODUCTS OR SERVICES; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ACTIVE SITES; (C) YOUR
PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ACTIVE; (D)
PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
ACTIVE SITES; (G) ANY OTHER MATTER RELATING TO THE ACTIVE SITES, OR ACTIVE
PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT
ACTIVE’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER,
SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY ACTIVE FROM YOU.

NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR

EXCLUDING ACTIVE'S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR
PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT
MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL
OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY
RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

5. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ACTIVE AND
ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FROM ALL LIABILITIES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR PARTICIPATION IN THE EVENT,
INCLUDING WITHOUT LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE (INCLUDING
ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ACTIVE, (B) YOUR USE
OF ACTIVE, OR (C) ANY VIOLATION BY YOU OF ANY TERMS OF THIS AGREEMENT AND
WAIVER AND/OR THE TERMS OF USE LOCATED AT
HTTP://WWW.ACTIVENETWORK.COM/INFORMATION/TERMS-OF-USE.HTM.

6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF ACTIVE’S

SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. ACTIVE MAKES NO WARRANTY THAT ACTIVE SITES’ SERVICES WILL
BE UNINTERRUPTED, SECURE, OR ERROR FREE. ACTIVE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. ACTIVE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF
ANY INFORMATION ON, OR PROVIDED IN CONNECTION WITH, THE ACTIVE SITES. ACTIVE
IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED
FROM THE USE OF SUCH INFORMATION.

7. Use of Likeness. You hereby irrevocably grant Active and the Event organizer permission to record your voice
and photograph you in conjunction with the Event. You understand and agree that the term "photograph" as used
herein encompasses both still photographs and video recordings. You further grant Active and the Event
organizer permission to use your photograph, voice, and likeness taken in conjunction with the Event, in any
form, including edited versions, in or over any medium including without limitation streaming audio and/or
video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time,
worldwide for any legitimate purpose including, without limitation, any commercial purpose, without
compensation to you. Your further waive any right of inspection of any such recordings and photographs. You
understand that any such recordings and photographs recorded by Active and/or the Event organizer shall
become the sole property of Active and/or the Event holder, as applicable.

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8. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and
inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be
unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and
enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all
portions of any provisions containing any such unenforceable provision that are not themselves unenforceable)
shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable
provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect
of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.

9. ACCEPTANCE. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER,

YOU ARE AFFIRMING THAT YOU HAVE READ THIS AGREEMENT AND WAIVER AND FULLY
UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES
ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU
ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY
AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY
LAW. IF THE PARTICIPANT IS A MINOR OR INCAPACITATED ADULT, YOU CERTIFY THAT
YOU ARE THE PARTICIPANT'S PARENT OR GUARDIAN AND AGREE TO THIS WAIVER AND
RELEASE FROM LIABILITY ON BEHALF OF THE PARTICIPANT.

10. Applicable Law; Consent to Jurisdiction; Other Jurisdiction-Specific Provisions.

Provisions Applicable to Events Held in Australia: You agree that this Agreement and Waiver is governed by
the law of New South Wales and you irrevocably and unconditionally submit to the exclusive jurisdiction of the
courts of New South Wales for all matters relating to this Agreement and Waiver.

Provisions Applicable to Events Held in Hong Kong: You agree that the laws of Hong Kong will apply to all
matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any
dispute with Active relating to this Agreement and Waiver shall be the courts of Hong Kong.

You irrevocably grant Active and the Event organizer permission to exhibit, edit, circulate, publish and use your
personal data (as defined in the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong)).

This Agreement and Waiver is written in English and Chinese. In case of discrepancies between the two
versions, the English version shall prevail.

Provisions Applicable to Events Held in Ireland: You agree that the laws of the Ireland will apply to all matters
relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with
Active relating to this Agreement and Waiver shall be the courts of Ireland.

You agree to release Active, the Event organiser and all or any other Occupiers (“Occupiers” has the meaning
given to the term “Occupier” by section 1 of the Occupiers Liability Act, 1995 ) for the time being from any
claims that might otherwise subsist under the Occupiers Liability Act, 1995, to the maximum extent permitted by
law.

Provisions Applicable to Events Held in New Zealand: You agree that this Agreement and Waiver is governed
by the law of New Zealand and you irrevocably and unconditionally submit to the exclusive jurisdiction of the
courts of New Zealand for all matters relating to this Agreement and Waiver.

Provisions Applicable to Events Held in Singapore: You agree that the laws of Singapore will apply to all
matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any
dispute with Active relating to this Agreement and Waiver shall be the courts of the Republic of Singapore.

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Provisions Applicable to Events Held in the United Kingdom: You agree that the laws of England and Wales
will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive
jurisdiction for any dispute with Active relating to this Agreement and Waiver shall be the courts of England and
Wales.

Provisions Applicable to Events Held in the United States of America: Except as prohibited by law, you agree
that any claim, controversy or legal dispute arising out of or relating to this Agreement and Waiver (hereinafter, a
“Dispute”) will be resolved through binding arbitration. This arbitration agreement is intended to be broadly
interpreted and includes claims, controversies or disputes arising out of or relating to any aspect of the
relationship between you and Active, whether based in contract, tort, statute, fraud, misrepresentation, or any
other legal theory, all of which shall be considered within the definition of “Dispute.” This Agreement and
Waiver fully incorporates by reference the entire Arbitration Agreement contained in Active’s Terms of Use
(including, but not limited to, the waiver of a right to a jury trial and waiver of class-wide proceedings)
(“Arbitration Agreement”), which is located at: http://www.activenetwork.com/information/terms-of-use.

You affirm you have had the opportunity to review the Arbitration Agreement and affirm you are expressly
agreeing to comply with and be bound by the entirety of the Arbitration Agreement. This Agreement and Waiver
evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (the “FAA”) governs the
interpretation and enforcement of your agreement to arbitrate all Disputes hereunder. Delaware state law and
procedures concerning arbitration shall apply any Disputes arising out of or relating to this Agreement and
Waiver to the extent that they do not conflict with and are not inconsistent with the FAA.

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