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ACKNOWLEDGEMENT, WAIVER, RELEASE OF LIABILITY, COVENANT

NOT TO SUE & IMAGE RELEASE

In consideration of my (“I”, “my” or “myself”) and/or on behalf of my child/ward’s (each a “Ward”) participation as a participant, volunteer (or other staff member), camper and/or spectator (any of the foregoing, a “Participant”) in a YES Express, LLC, Sauders Hardscape Supply or Pave Tool Innovators (collectively hereafter “Sponsors”) sponsored event(any of the foregoing and any ancillary events/activities/operations related thereto, an “Event”), I, on behalf of myself and/or Ward, acknowledge, accept and agree to the following:

(1) The risk of serious injury and/or death from the activities involved participating in any Event, as a Participant, is significant and may include, without limitation, the following: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries, including burns, heat-related illness and hypothermia; (vii) over-use syndrome; (viii) injuries involving the acts or omissions of other Event participants or vehicles; (ix) animal bites and/or stings; (x) contact with poisonous plants; (xi) accidents involving, but not limited to, paddling, climbing, biking, hiking, skiing, snow shoeing, travel by boat, truck, car or other convenience, falling from heights; (xii) heart attack; (xiii) exposure to high altitudes and the risks associated; (xiv) permanent paralysis; and/or (xv) death. While I confirm that the Releasees have taken reasonable steps to promote my/our safety and I confirm that I shall follow all rules, protocols and recommended event preparation, because I am expressly assuming the risks of my participation, Sponsors are not liable for any harm I suffer, including personal injury, theft, loss or damage of or to my personal property by any third party. I appreciate and knowingly, intelligently and voluntarily accept the risk of loss to myself and my property.

(2) AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, ON BEHALF OF MYSELF AND MY WARD, I (undersigned) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS and assume full responsibility of all such risks for myself and/or my Ward’s participation in the Event.

(3) I knowingly and voluntarily agree to comply with any stated customary terms and conditions (which have been made available to me) for Participant’s participation in an Event and any instruction given by Event officials. If, however, I observe an unusual and/or significant hazard during my presence at the Event, I will remove myself or my Ward from participation and bring such hazard to the attention of the nearest Event official.

(4) To the fullest extent permissible by applicable law, I, on behalf of myself, and/or my Ward (if applicable), and our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE SPONSORS OR OPERATOR(S) and their respective owners, officers, directors, employees, contractors, representatives, agents and affiliates and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, heir, assign, media partners, associated charity, sponsor or medical providers of any of the foregoing (collectively, the “Releasees”) WITH RESPECT TO ANY, CLAIMS, OR LOSS AND ALL INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH MY OR MY WARD’S PARTICIPATION IN THE EVENT, OR OTHERWISE. I further agree to indemnify, defend and hold harmless Releasees from any loss liability, cost, claim and/or damages arising from Participant’s participation in or association with the Event, including, but not limited to, reasonable attorney’s fees.

(5) I, on behalf of myself, and/or my Ward, attest and verify that: (i) unless indicated below, I am over 18 years of age and am legally signing on behalf of myself or, if applicable, Ward; (ii) Participant is free from all illnesses, injuries and defects that could interfere with any person’s (including his or her) safe participation in an Event; and (iii) Participant is physically fit and sufficiently trained to participate in all activities associated with the Event. I acknowledge that Participant, and I, as Ward’s parent/ legal guardian (if applicable), am aware and informed of the inherent risks in participating in the Event and that Participant’s participation in an Event is entirely voluntary.

(6) I, on behalf of myself, and/or my Ward, consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with participation in the Event and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment and/or services. I further consent and agree to obtain, furnish and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services and or treatment, and to sign any additional documents that may be requested by such providers, in connection with such information or services.

(7) The Sponsors reserve the right, in their sole determination, to postpone, cancel, or modify the Event due to weather conditions or other factors beyond the control of the Releasees that might affect the health and/or safety of Participants. Sponsors will not be obligated to refund any Participant any registration fees due to a cancelled Event.

(8) In consideration and in return for being allowed to participate in the Event, I, on behalf of myself, and, if applicable, my Ward, grant permission to Releasees to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of Participant or my or Ward’s participation in an Event or related activity for any legitimate purpose in connection with the promotion of the Event, the business of Sponsors and/or BrandYOU Media LLC in perpetuity and I understand that Participant will not be entitled to any compensation in connection therewith. I further hereby grant permission to the Releasees to film, videotape and record the performance of the Participant in the Event and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner Releasees shall deem appropriate in connection with the promotion of the Event, the business of Sponsors and/or the business of BrandYOU Media LLC. Such permission shall include granting the rights to Releasees, without compensation of any kind to Participant, to use, reproduce or broadcast, Participant’s name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the promotion of the Event, the business of Sponsors and/or the business of BrandYOU Media LLC. I acknowledge that Releasees shall have the right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about Participant and all or any portion of the Event in which Participant may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity in connection with the promotion of the Event, the business of Sponsors and/or the business of BrandYOU Media LLC and without compensation to Participant.

(9) In consideration and in return for being allowed to participate in the Event, Participant releases and agrees not to sue the Releasees from all present and future claims regarding Participant’s participation in events organized by the Releasees, including the Event, by Participant and his/her heirs, assigns, spouses, partners, personal representatives and/or next of kin.

(10) If any claim related to my/our participation in the event is made, same shall be submitted first to mediation through the Monroe County Court of Common Pleas voluntary mediation program. Further, if any of the provisions of this Waiver, Release of Liability, Covenant Not to Sue & Image Release (“Waiver”) shall be deemed by a court of competent jurisdiction invalid or unenforceable in any respect, then, to the fullest extent permitted by applicable law, all other provisions hereof shall remain in full force and effect. I hereby consent to jurisdiction in the Monroe County Court of Common Pleas, regardless of where my/our loss or claimed loss occurred.

(11) I understand that as part of the program, I may be exposed to plans, strategies, techniques or information the use of which is intended and expected to increase my business revenues. Sponsors provide no guarantee that my use of any plan, strategy, technique or information gained through participation in this program will, in fact, increase my business revenue or in any way positively impact my business. While it is expected that such results will be enjoyed by my business, due to unique market conditions, acts of God, my implementation of the plans, strategies, techniques and information learned through my participation in Sponsors’ event, the Sponsors cannot guarantee, warrant or promise that I will not instead experience a loss of revenue or an unrewarded investment of time, effort and/or money.

I HAVE READ AND FULLY UNDERSTAND THIS WAIVER. I UNDERSTAND THAT I HAVE GIVEN UP, ON BEHALF OF MYSELF AND MY WARD, SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY.