Youth Waiver

GENERAL WAIVER AND RELEASE FORM RELEASE OF LIABILITY

In return for being allowed to participate in the trip by Cultivate Institute and activities and all related service, pass, or arrangements, including any activities incidental to such participation (“Activities”), the undersigned Participant or Parent/Legal Guardian of Participant if Participant is under age 18 (hereafter referred to using “I”, “me”, or “my”) releases and agrees not to sue Cultivate Institute or its officers, directors, employees, sub-contractors, sponsors, agents and affiliates (“the Organization”) from all present and future claims that may be made by me, my family, estate, heirs, or assigns for any and all direct and indirect damages, property damage, personal injury, or wrongful death arising as a result of my participation in the Activities wherever, whenever, or however the same may occur. I understand and agree that the Organization is not responsible for any injury or property damage arising out of the Activities, even if caused by their ordinary negligence or otherwise. I understand that participation in the Activities involves certain risks, including, but not limited to, serious injury and death. I am voluntarily participating in the Activities with knowledge of the danger involved and I agree to accept all risks of participation. I also agree to indemnify and hold harmless the Organization for all claims arising out of my participation in the Activities. I understand that this document is intended to be as broad and inclusive as permitted by the laws of the state in which the Activities take place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect. I also acknowledge that the Organization has not arranged and do not carry any insurance of any kind for my benefit or that of Participant (if Participant is under 18), my parents, guardians, trustees, heirs, executors, administrators, successors and assigns. I represent that, to my knowledge, I am in good health and suffer no physical impairment that would or should prevent my participation in the Activities. I also understand that this document is a contract which grants certain rights to and eliminates the liability of the Organization.

In consideration of your participation in the any services, events, tours, activities, etc. of Cultivate Institute referenced above and any related activities (collectively, the "Event"), wherever the Event may occur, you hereby attest that, after reading this Waiver and Permission Form completely and carefully, including the notice above your signature, as required by Utah Statutes, you acknowledge that participation in the Event is entirely voluntary, and that you understand and agree as follows:

RELEASE OF LIABILITY

I agree, on behalf of myself and those in my party (whom I have obtained consent voluntarily), to waive and release all liabilities, claims, actions, damages, costs or expenses of any nature ("Claims") associated with all risks that are inherent to his or her participation in the Event specified above or other activities conducted in conjunction therewith (which risks may include, among other things, exposure to Naegliria Fowlerii and coliform bacteria, muscle injuries, heat and stress related issues, cuts, lacerations and broken bones, COVID-19 and other communicable diseases, injury, tort related claims, negligence, property damage etc.), whether such risks are open and obvious or otherwise. Further on behalf of myself, I hereby release, covenant not to sue, and forever discharge the Released Parties (as defined under "INDEMNITY/INSURANCE" below) of and from all Claims arising in any manner out of or in any way connected with my participation in the Event.

INDEMNITY/INSURANCE:

I agree to indemnify and hold each of Cultivate Institutes divisions and each of their respective parent, subsidiary and other affiliated or related companies; the Event Host, all Event sponsors and charities having a presence at the Event and their respective parent, subsidiary and other affiliated or related companies; and the officers, directors, employees, agents, contractors, subcontractors, representatives, successors, assigns, and volunteers of each of the foregoing entities (collectively, the "Released Parties") harmless from and against any and all Claims arising out of or in any way connected with my participation in the Event, wherever the Event may occur, including, but not limited to, all attorneys' fees and disbursements through and including any appeal. I understand and agree that this indemnity includes any Claims for damages (both direct and indirect) based on the negligence, action or inaction of any of the Released Parties and covers bodily injury (including death), property damage, and loss by theft or otherwise, whether suffered by me or those in my party before during or after participation in the Event. I agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit or that of myself or my party’s participation in the activities and the Event, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my child's or ward's participation in the Event, at my own expense. expense. I acknowledge that Cultivate Institute and their respective parent, subsidiary and other affiliated or related companies are not responsible for organizing, operating, producing, supervising or otherwise conducting the Event and make no representations or warranties, either express or implied, as to the condition or suitability of the venue for the Event.

PHYSICAL CONDITION/MEDICAL AUTHORIZATION:

I hereby certify that I and those in my party are physically fit for participation in the Event and has the skill level required in connection with the Event, and I have not been advised otherwise. I agree that before my participation in any activity conducted in conjunction with the Event, I will inspect all related facilities and equipment. In connection with any injury sustained or illness or medical conditions experienced during my attendance in connection with the Event, I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act. Additionally, I authorize medical treatment for myself, at my cost, if the need arises; however, I acknowledge that the Released Parties will have no duty, obligation or liability arising out of the provision of, or failure to provide, medical treatment.

PUBLICITY RELEASE

In return for being allowed to participate in the Mastermind Week by Cultivate Institute and activities and all related activities, including any activities incidental to such participation (“Activities”), the undersigned Participant or Parent/Legal Guardian of Participant if Participant is under age 18 (hereafter referred to using “I”, “me”, or “my”) hereby grants to the Organization, and each of its subsidiaries, affiliates, agents, advertising or promotional agencies, and partners, and all such entities’ officers, directors, agents, employees, respective successors and assigns (collectively, “Authorized Parties”), the absolute and irrevocable right and permission to use, publish, broadcast and/or copyright the use of Participant’s name, address, voice, photograph and/or likeness, caricature, and personal information, in its current form or as retouched, digitized, cropped, altered, distorted or modified in any way, in any and all advertising, promotional, or other materials based upon or derived from the Activities in any manner, in any media whatsoever for any and all purposes, including by way of example but without limitation advertising, promoting or publicizing products and services throughout the universe, in perpetuity, in any and all media now known or hereafter devised (including without limitation on the Internet), without additional compensation. I further agree that anything derived therefrom will be owned solely by the Authorized Parties. I shall not authorize the use of any print, negative or other copy thereof by anyone other than the Authorized Parties. I understand that this document is intended to be as broad and inclusive as permitted by the laws of the state in which the Activities take place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect.

Third-Party Beneficiaries: I acknowledge and agree that any individual for whom I have purchased a service, ticket or pass or made or received a reservation or who uses a service, pass, or reservation made, purchased, or received by me is and is intended to be a third-party beneficiary of that ticket, pass, or reservation made, purchased, or received by me. Waiver of California Civil Code § 1542: I acknowledge and agree that I am familiar with, understand, and do waive any rights and benefits of the provisions of Section 1542 of the California Civil Code, and any similar provisions of other jurisdictions, which provides that: 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. Indemnity/Insurance: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to indemnify and hold each of the Released Parties harmless from and against any and all Claims made or incurred by anyone, including myself, and any individual who uses a service, pass, or arrangement made by me, or who accompanies me to a tour, meeting, or event, arising out of or in any way relating to my purchase of Cultivate Institute services, my making or receipt of a reservation(s), and/or my participation in tour(s), meeting(s), or event(s), and subsequent visit to and/or participation in services, transportation, activities, tours, meetings, and events at Cultivate Institute and arising out of any and all risks described above in the section titled Assumption of Risk or in any other way related to any activities, services or event participation in general as well as any exposure to COVID-19 and any other communicable or infectious disease, wherever such activities may occur and whether suffered before, during, or after such participation. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals. I understand and agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative to my visit to and/or participation in services, transportation, activities, tours, meetings, and events at Cultivate Institute, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my visit to and/or participation in services, transportation, activities, tours, meetings, and events at Cultivate Institute, at my own expense. Term: The Waiver and Indemnity provided for in this COVID-19 and Other Communicable/ Infectious Disease Waiver applies to any and all visitation to and/or participation in attractions, transportation, activities, tours, meetings, and events at Cultivate Institute and/or presence on the Released Parties’ property arising out of the purchase of an admission ticket(s) or pass(es), the making or receipt of a reservation(s), and/or the participation in tour(s), meeting(s), or event(s), pursuant to which I and the Released Parties agreed to this COVID-19 and Other Communicable/Infectious Disease Provision, from the date of execution.

Payments & Billing

A non-refundable deposit (“Deposit) is required as a retainer fee to confirm a reservation for a Service or Event. This Deposit amount is due upon the execution/signing of this Agreement between the Parties. The full price for the services is due 90 days before the scheduled service. When Company or Individual provides payment information, it represents and warrants that the information is accurate, that it is authorized to use the payment method provided, and that it will notify us of changes to the payment information. Cultivate Institute reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.

Right of Cancellation

Company or Individual may have the right to cancel an order placed for an Event or Service– depending on the nature of the Service or the date for which the Service will take place. Please read the following information carefully so you understand your right of cancellation. Reservations can be cancelled 90 calendar days or more prior to the service start date. Such a refund will be equal to the purchase price (minus the 10% non-refundable deposit). Cancellations for services or events that occur between 31-89 calendar days before the scheduled service will receive 50% of the total price back minus the non-refundable deposit and any third party fees owed to outside companies (hotels, event centers, tours, etc.). The total price becomes nonrefundable, unless otherwise stated in your Confirmation, for anything less than 30 days before the scheduled services date.

Service & Exclusions

Service and Events offered by Cultivate Institute do not include fees or pricing for alcohol, tips, airfare or insurance. By signing the above Agreement, Company Individual acknowledges and agrees that it will be responsible for any tips, airfare, insurance or alcohol it chooses to use or purchase and will indemnify and waive all responsibility for the above for Cultivate Institute.