WAIVER OF LIABILITY, ASSUMPTION OF RISK, & MEDIA RELEASE

ADULT AND MINORS

I wish to participate in an off-site event or experience (the “Experience”) offered by Rivian, LLC or its affiliates (collectively referred to herein as “Rivian") and as consideration for that opportunity, I agree to the terms and conditions set forth in this Waiver of Liability, Assumption of Risk, & Media Release (this "Release").

Waiver of Liability

I AM AWARE AND UNDERSTAND THAT THE EXPERIENCE IS POTENTIALLY DANGEROUS AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF RIVIAN, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF RIVIAN. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE EXPERIENCE WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE EXPERIENCE, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF RIVIAN OR OTHERWISE.

I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against Rivian, and its officers, directors, managers, employees, agents, representatives,  members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to participating in the Experience, whether arising out of the ordinary negligence of Rivian or any Releasees or otherwise. I covenant not to make or bring any such claim against Rivian or any other Releasee, and forever release and discharge Rivian and all other Releasees from liability under such claims. 

I understand that by agreeing to this Release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Experience, including those claims that may be unknown to me, or which I do not suspect to exist at this time. 

I shall defend, indemnify, and hold harmless Rivian and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against Rivian or any other Releasees arising out of or resulting from any claim of a third party related to my participation in the Experience, including any claims arising out of my own negligence or the ordinary negligence of Rivian.

I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Experience. 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 acknowledge my agreement to be bound by Rivian General Terms and Conditions contained at Rivian.com/legal/terms (the “Terms”) and the Terms are incorporated into and made part of this Release, including the Dispute Resolution – Arbitration, Class Action Waiver section of the Terms which requires arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. 

Media Release

I hereby affirm and acknowledge that I have granted to Rivian and others working under its authority permission to photograph and take video and audio recordings of me and the minor(s) I accompany at the Experience in connection with the preparation of Rivian’s advertising and other internal and external materials (the “Materials”), and to use the products thereof (the “Photographs and Recordings”). I grant to or acknowledge the following rights of Rivian: 

(1)The unrestricted ownership of and right to use, reproduce, display, distribute, transmit, and publish the Photographs and Recordings of myself and the minor(s) I accompany for any reasonable business purpose, in any medium or any form of communication or distribution now or hereafter known, including without limitation the right to maintain and distribute the Photographs and Recordings in digital or electronic form (including without limitation on Rivian’s website and on social media platforms). I understand that the Photographs and Recordings may be used in whole or in part, in modified or altered form, and separately or in conjunction with other Photographs and Recordings and other material.

(2)The nonexclusive right to use my name, likeness, and biographic material (and the name, likeness, and biographic material of the minor(s) I accompany) for advertising, trade, and any other lawful and reasonable business purposes, including without limitation the Materials and other materials in which the Photographs and Recordings are used pursuant to the rights granted above.

I agree and acknowledge that, on behalf of myself and the minor(s) I accompany, as between us, Rivian is the sole owner of all rights in and to the Materials and the Photographs and Recordings, including all copyright interests, and I acknowledge that I have no interest or ownership in the Materials or the Photographs and Recordings, or the copyrights therein. I waive any right to inspect or approve any use of the Photographs and Recordings. I understand and agree on behalf of myself and the minor(s) I accompany, that I shall receive no compensation for my permission or connection with any use of the Photographs and Recordings, now or in the future. I agree that the exercise of my rights under this Release, including any publication of the Photographs and Recordings, shall constitute full consideration for this Release.

I warrant that I am at least 18 years of age, am the parent or legal guardian of the minor(s) I accompany, that I have full authority to enter into this Release on behalf of myself and the minor(s) I accompany, and that I am not restricted from doing so by any commitments to or agreements with other parties. On behalf of myself and of the minor(s) I accompany, I hereby forever release, discharge, and indemnify Rivian and any person or entity acting under its permission or authority or for whom it might be acting, including any firm publishing the Photographs and Recordings, from any and all claims known and unknown arising out of or in any way connected with use of the Photographs and Recordings pursuant hereto, including without limitation any and all claims for invasion of privacy, right of publicity, and defamation. The rights granted herein are perpetual and worldwide.

Race-Specific Terms

I know that running a road race is a potentially hazardous activity. I should not enter and run unless I am medically able to do so and properly trained. I assume all risks associated with taking part in this event, including, but not limited to: falls, contact with other participants, the effects of weather, traffic, and course conditions, and waive any and all claims which I might have based on any of those and other risks typically found in running a road race. I acknowledge all such risks are known and understood by me. I agree to abide by all decisions of any race official relative to my ability to safely complete the run. I certify as a material condition to my being permitted to enter this race that I am physically fit and sufficiently trained for the completion of this event and that a licensed Medical Doctor has verified my physical condition.

As it applies to my participation in this race, I agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC’s guidance at: https://www.cdc.gov. I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state, the community or by this race for my participation in this race.

This event follows the standard running industry policy: All entry fees are non-refundable. We reserve the right to postpone or cancel the event due to circumstances beyond our control such as a natural disaster or emergency or as required to protect the safety of participants and staff. No refunds will be issued under these circumstances. We reserve the right to change the details of the event without prior notice. I understand that my entry fee is nonrefundable and bib numbers are non-transferable.

General

This Release constitutes the sole and entire agreement of Rivian 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 held 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 Rivian and me and their respective heirs, 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 where the Experience is taking place 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 the state where the Experience took place or Orange County, California, and I hereby consent to the exclusive jurisdiction of such courts.

By submitting this entry, I hereby do consent to the terms and conditions of this Release for myself and the minor(s) listed above. I acknowledge and agree that this Release covers any and all liability related to the Experience.