b) The undersigned is at least eighteen (18) year of age and has legal capacity and authority to enter into this Agreement on behalf of Participant, including on behalf of any minor child, other family member, invitee and/or visitor of the undersigned participating in the Event. The undersigned has read and explained the provisions in this waiver/release to any minor child, other family member, invitee and/or visitor of the undersigned participating in the Event, including the risks of the activity and their responsibilities for adhering to the rules of the Event.

c) ASSUMPTION OF RISK: Participant understands and acknowledges the risk and dangers associated with participation in the Event, including but not limited to, those arising from physical activity, traffic, surface conditions, weather, contact with other participants, the conduct of other participants, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life, loss of or damage to equipment/property, situations beyond the immediate control of NH, and other undefined, not readily foreseeable and presently unknown risks and dangers. Participant is fully aware of the risks and hazards inherent in the Event, AND VOLUNTARILY ASSUMES ALL RISKS OF LOSS, DAMAGE, OR INJURY THAT MAY BESUSTAINED BY PARTICIPANT IN CONNECTION WITH THE EVENT.

d) All NH materials and services are provided to Participant “as is” without representation or warranty of any kind whatsoever. Participant accepts the NH materials and services for the Event on an “as is” and “with all faults” basis.

e) Participant acknowledges that the risks and hazards being assumed by Participant may increase during the time Participant is participating in or observing the activities being conducted.

f) PARTICIPANT IS AWARE THAT THE PARTICIPATION IN OR OBSERVATION OF THE EVENT IS AN ACTIVITY BEYONDTHE CONTROL OF NH. PARTICIPANT DOES VOLUNTARILY PARTICIPATE IN OR OBSERVE THESE ACTIVITIES WITHTHE KNOWLEDGE AND APPRECIATION OF THE DANGER INVOLVED. PARTICIPANT HEREBY AGREES TO ACCEPTANY AND ALL RISK OF PROPERTY DAMAGE, PERSONAL INJURY OR DEATH ASSOCIATED WITH PARTICIPANT’S PARTICIPATION, EVEN IF CAUSED BY THE ACTIVE NEGLIGENCE OF NH.

a) COVID-19 SAFETY INFORMATION: Participant agrees to abide by the CDC and LADPH guidelines while participating in Event. Because the novel coronavirus, COVID-19 is extremely contagious and is spread mainly from person-to-person contact, New Horizons has put in place preventative measures to reduce the spread ofCOVID-19. However, New Horizons cannot guarantee that its Participants in attendance will not become infected with COVID-19. In light of the ongoing spread of COVID-19, Participant warrants the following statements are true and correct in relation to COVID-19, and understand that NH has relied on them in permitting Participant to participate in Event:

1. Participant is not currently or within the past ten (10) days, experiencing or exhibiting any COVID-19 related symptoms as outlined by the federal and state Center for Disease Control and Prevention (CDC)such as fever, dry cough, sore throat, or shortness of breath.

2. Participant has not travelled internationally within the past ten (10) days and/or has not been directly exposed to an individual contagious with COVID-19 in the past ten (10) days.

3. Participant has not been diagnosed with COVID-19 and is not yet cleared as non-contagious by state or local public health authorities or the healthcare team responsible for their treatment.

b) DUTY TO SELF MONITOR: Participant agrees to notify NH event representatives if they develop clear symptoms and/or receive a positive test for COVID-19 in the fourteen (14) days after event. Participant understands their personal information will be kept confidential, and CDC guidance for contact tracing and notification will be followed.

c) COVID-19 SAFETY PROTOCOLS: Participant agrees to follow all the Event Safety Protocols communicated to them by the Event Manager and/or Event Coordinator via e-mail or in-person communication and understands that any Participant not cooperating will be asked to leave.

d) ASSUMPTION OF RISK: Participant acknowledges the highly contagious nature of COVID-19 and voluntarily assumes the risk of exposure or infection by attending the Event, and that such exposure or infection may result in personal injury, illness, disability, and/or death to Participant and further understands that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of themselves and others, including but not limited to active negligence of NH.

3. Participant HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE NH, from all liability to Participant for all loss or damage and any claim or demands therefore, on account of injury or death to the person or property of Participant, in connection with the Event, including but not limited to exposure to or contracting an infectious disease, including COVID-19 (also known as corona virus), even if CAUSED BY THE ACTIVE NEGLIGENCE OF NH, to the extent permitted by law.

4. Participant agrees to indemnify, defend, and hold NH harmless of any and all claims, demands, liabilities, damages, costs (including attorney’s fees and expert fees) arising on account of injury to the person or property or resulting in death of Participant, WHETHER CAUSED BY THE NEGLIGENCE OF NH RESPECTING THE EVENT OR WHICH ARISE AS ARESULT OF THE PASSIVE OR ACTIVE NEGLIGENCE OR OTHER ACT OR FAILURE TO ACT OF NH OR PARTICIPANT WHILEPARTICIPATING IN OR OBSERVING EVENT AND RELATED ACTIVITIES CONDUCTED BY NH.

5. This Agreement shall remain effective from the date of execution hereof until revoked by writing to such effect delivered to NH. Participant understands that any such revocation shall not apply to activities covered by this Agreement occurring prior to such revocation. It is understood and agreed that all rights under Section 1542 of the Civil Code of California which provides as follows, “CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor,” are hereby expressly waived.

6. The releases under this Agreement shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.

7. Participant hereby grants full and complete permission for use of all photography, motion pictures, recording or any other record of Participant’s participation in the aforesaid event including all forms of internet use and the like for the promotion and support of the activities of New Horizons.