2024 Covid Release and Waiver of Liability

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individual executing this release (referred to as "I" or "me") desires to attend or otherwise participate in the 2024 Specialty Coffee Expo (the "Event") held by the Association for Specialty Coffee, a California mutual benefit corporation doing business as Specialty Coffee Association ("SCA"), in Chicago, Illinois. In consideration of being permitted by the SCA to attend, compete, exhibit, volunteer or otherwise engage in the Event and the intangible value that I will gain by participating in the Event and in recognition of SCA's reliance hereon, I agree to all the terms and conditions set forth in this Release of Liability and Assumption of Risk (this "Release").

1.              I am aware and understand that the Event poses the risk of injury and property damage. I am also aware of the highly contagious nature of bacteria and viral diseases including but not limited to the 2019 novel coronavirus disease and its variants (COVID-19) (collectively, the "Disease") and the risk that I may be exposed to or contract the Disease by attending or participating in the Event, which may result in serious illness, personal injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of SCA employees, contractors, volunteers or others, including but not limited to negligent emergency response or rescue operations of SCA. I understand that, while the SCA has implemented measures to reduce the risk of injury from the Event and the spread of the Disease, SCA cannot guarantee that I will not be injured or become infected with the Disease due to my participation in the Event and that engaging in the Event may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE EVENT WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE EVENT, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SCA OR OTHERWISE.

2.              I hereby expressly waive and release any and all claims, now known or hereafter known, against SCA, and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in or attendance at the Event, other than claims arising from their gross negligence or wanton or reckless misconduct. I covenant not to make or bring any such claim against the SCA or any other Releasee, and forever release and discharge the SCA and all other Releasees from liability under such claims. I understand and agree that this is a full and final release covering all unknown and unanticipated injury, illness, disability, death, or property damage arising out of or attributable to my participation in or attendance at the Event. For that reason, I hereby waive any and all rights or benefits that I may have under the terms of California Civil Code §1542, which provides 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.

3.              I confirm that I will not attend or participate in the Event if I am experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), have a confirmed or suspected case of the Disease, or have come in contact in the previous 14 days with a person who has been confirmed to have or is suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Event and the Disease while participating in the Event, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of SCA at all times during the Event. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Event, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in or attendance at the Event.

4.              I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my attendance at or participation in the Event. 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. I hereby release, forever discharge, and hold harmless SCA from any claim based on such treatment or other medical services.

5.              This Release constitutes the sole and entire agreement of SCA 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 invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of SCA and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Orange County, California and I hereby consent to the exclusive jurisdiction of such courts.