WAIVER AND RELEASE OF LIABILITY
FALL 2026 US HDGD TRAINING
This waiver and release ("WAIVER") is made between the below named individual and/or the individual's parent/legal guardian (hereinafter referred to as "ATTENDEE") and Tempered Minds LLC, Eric R. Jenko, his assistants, volunteers, and agents (hereinafter referred to as "ORGANIZERS") and DoubleTree by Hilton Hotel Pittsburgh - Green Tree, located at 500 Mansfield Avenue, Pittsburgh, PA 15205 (hereinafter referred to as "FACILITIES"). The ORGANIZERS and the FACILITIES, together with their respective owners, officers, employees, agents, insurers, and affiliates, are collectively referred to as the "RELEASED PARTIES."
I, the ATTENDEE, certify that I am in good physical health and may participate without limitation in strenuous physical activities. I agree that I am personally responsible for my safety and my actions and do hereby accept all risks of injury and assume all responsibility for my participation in the "Fall 2026 US HDGD Training" held from Wednesday, November 19, 2026 through Sunday, November 22, 2026, inclusive (hereinafter referred to as "EVENT"). I agree to comply with all EVENT policies, guidelines, signage, and instructions.
I acknowledge and understand that my participation in the EVENT is at my own risk and may result in serious injury to me, including, but not limited to, contracting COVID-19, concussion, broken bones, sprains, strains, permanent disability or death, or severe social and economic losses, due not only to my own actions, inactions, or negligence, but also to the actions, inactions, or negligence of others, or the conditions of the FACILITIES or of any equipment used. I agree that, prior to participating in the EVENT, I will inspect the equipment and FACILITIES to be used, and if I believe anything is unsafe or beyond my capability, I will immediately advise ORGANIZERS of such conditions and refuse to participate. I understand that in order to participate in the EVENT, I must be covered with full and adequate medical/health and/or accident insurance. I certify that I am covered by a medical/health or accident insurance plan, and I will provide proof of such coverage to ORGANIZERS if requested.
With full awareness and appreciation of the risks involved, I, the ATTENDEE, on behalf of myself, my spouse, estate, heirs, executors, personal representatives, administrators, and assigns, hereby covenant to not sue the RELEASED PARTIES and forever release, waive, and discharge the RELEASED PARTIES from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including legal fees, resulting from personal injury, accidents, illnesses (including COVID-19 and/or death), and property loss I may sustain arising out of or related to my use of the FACILITIES, my participation in the EVENT, or instruction provided by ORGANIZERS. In the event that I am incapacitated, injured, or ill during the EVENT, I authorize the RELEASED PARTIES to act as my agent to seek emergency medical treatment for me. I also agree to reimburse the RELEASED PARTIES for any such expenses incurred.
MINORS (IF APPLICABLE)
If I am signing this WAIVER as the parent or legal guardian of a minor participant, I acknowledge that under Pennsylvania law I cannot waive or release the minor's right to bring a claim for personal injury. By signing below, I represent that I have informed the minor of the risks described above to the extent reasonably appropriate for the minor's age and understanding, that the minor understands and voluntarily assumes those risks, and that I consent to the minor's participation in the EVENT.
By registering for the EVENT, I acknowledge and represent that I have read this WAIVER, understand it, and sign it voluntarily as my own free act and deed, including without limitation the release of liability and indemnification requirements contained in this WAIVER; I am sufficiently informed about the risks involved in attending the EVENT and have factored those risks into my decision to register; no oral representations, statements, or inducements, apart from this WAIVER, have been made; I am fully competent; and I execute this WAIVER for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this WAIVER and all matters concerning its interpretation, performance, or enforcement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
BINDING ARBITRATION AND WAIVER OF JURY TRIAL
PLEASE READ THIS SECTION CAREFULLY. BY SIGNING THIS WAIVER, YOU ARE AGREEING TO RESOLVE ANY DISPUTE THROUGH BINDING ARBITRATION INSTEAD OF GOING TO COURT, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY.
Any controversy, claim, or dispute arising out of or relating to this WAIVER, my participation in the EVENT, my use of the FACILITIES, or any injury or damage I sustain in connection with the EVENT (collectively, a "Dispute") shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, except as modified by this WAIVER. The arbitration shall be conducted in Allegheny County, Commonwealth of Pennsylvania.
What arbitration means:
Arbitration is a private process in which a neutral third party (the arbitrator) hears both sides and makes a final, binding decision instead of a judge or jury in court. By agreeing to arbitration, I am waiving my right to file a lawsuit in court and I am waiving my right to a trial by jury guaranteed by the Pennsylvania and United States Constitutions. The arbitrator's decision will be final and binding, and there are very limited grounds to appeal or challenge the arbitrator's award.
Arbitration procedures:
- Either party may initiate arbitration by filing a demand for arbitration with the AAA and serving a copy on the other party.
- The arbitrator will be selected in accordance with AAA rules.
- Each party will have the right to present evidence, call witnesses, and cross-examine the other party's witnesses.
- The arbitrator will apply applicable Pennsylvania law and will issue a written decision with findings of fact and conclusions of law.
- Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
Costs:
- Each party shall pay its own attorney's fees and costs, except as may be awarded by the arbitrator under applicable law.
- ORGANIZERS will pay the AAA filing, administrative, and arbitrator fees for any Dispute in which the ATTENDEE is claiming $75,000 or less in damages. For claims exceeding $75,000, the fees shall be allocated according to AAA rules and applicable law.
Exceptions:
This arbitration provision does not prevent either party from seeking provisional or emergency remedies (such as a temporary restraining order or preliminary injunction) in court if necessary to protect their rights pending the completion of arbitration.
Severability of arbitration clause:
If any portion of this arbitration provision is found to be unenforceable, the remainder of this arbitration provision shall remain in full force and effect. If this entire arbitration provision is found to be unenforceable, then any Dispute shall be resolved in the courts of the Commonwealth of Pennsylvania, sitting in Allegheny County, and I waive any objection to venue or personal jurisdiction in those courts.
If any of the provisions of this WAIVER are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the WAIVER as a whole.
ACKNOWLEDGMENT AND AGREEMENT
I HAVE READ THIS ENTIRE WAIVER, INCLUDING THE BINDING ARBITRATION AND WAIVER OF JURY TRIAL SECTION ABOVE. I UNDERSTAND THAT BY AGREEING TO THESE TERMS, I AM GIVING UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT AND THE RIGHT TO A JURY TRIAL. I AGREE TO THIS WAIVER VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
I have read and specifically agree to the Binding Arbitration and Waiver of Jury Trial provision above.
IF ATTENDEE IS A MINOR (UNDER 18 YEARS OF AGE):
I have read and specifically agree to the Binding Arbitration and Waiver of Jury Trial provision above on my own behalf (but not on behalf of the minor).