In consideration of being permitted to enter a Property and attend an Event, and in recognition of the Organizer’s reliance hereon, you agree to the following terms and conditions:

1. Capitalized terms shall have the meaning set forth below or otherwise in this Release:

“Affiliate”

means an entity that controls, is controlled by, or is under common control with a party, where “control” means the direct or indirect ownership of more than 50% of the voting securities or other ownership interest of an entity;

“Event”

means a ProductTank event posted in a Group that you sign-up to attend;

“Group”

means the ProductTank group that you agreed to, or are agreeing to, become a member of;

“MTP”

means Pendo.io, Inc., a Delaware corporation dba Mind the Product on behalf of itself and its Affiliates;

“Organizer”

means the person(s) named in the Group as the organiser(s) of Events;

“Property”

means the property where the venue for an Event is located; and

“Property Owner”

means the owner of the Property.

1. YOU ARE AWARE AND UNDERSTAND THAT ACCESSING THE PROPERTY AND ATTENDING THE EVENT MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE ORGANIZER OR THE PROPERTY OWNER, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE ORGANIZER OR THE PROPERTY OWNER. NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ACCESSING THE PROPERTY AND ATTENDING THE EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE ORGANIZER, PROPERTY OWNER OR ANY RELEASEE OR OTHERWISE.
2. You hereby expressly waive and release any and all claims, now or hereafter known, against the Organizer, Property Owner and MTP, and their officers, directors, manager(s), employees, agents, Affiliates, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to your being on the Property or your participation in the Activity, whether arising out of the ordinary negligence of a Releasee or otherwise. You covenant not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that cannot legally be released by agreement. If any portion of this waiver is found to be unenforceable in a particular jurisdiction, the remainder shall remain in full force and effect.
3. You agree that you will follow all instructions of the Property Owner and Organizer, and any representative or agent thereof, while on the Property.
4. You hereby consent to receive medical treatment deemed necessary if you are injured or require medical attention while on the Property. You understand and agree that you are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. The Organizer will facilitate emergency medical assistance to the extent reasonably practicable but shall not be liable for the provision, quality, cost of such medical services, or any other liability for any underlying incident or reason resulting in receipt of medical treatment. This does not limit any obligations imposed on the Organizer by applicable local laws regarding emergency medical care. You hereby release, forever discharge, and hold harmless all Releasees from any claim based on such treatment or other medical services.
5. You grant the Organizer the right to take photographs and video recordings of you during the Event. You consent to the use of these photographs and video recordings by the Organizer and by MTP for promotional, marketing, and other business-related purposes, including but not limited to social media, websites, and printed materials. You may withdraw this consent at any time by providing written notice to the Organizer and MTP (via producttank@mindtheproduct.com). Upon withdrawal, we will cease using your image in new materials, though materials already distributed may remain in circulation. You acknowledge that you will not receive any compensation for the use of such media and waive any rights to inspect or approve the finished product or the use to which it may be applied.
6. This Release constitutes the sole and entire agreement of the Organizer and you 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 the Organizer and you and our respective successors, assigns, heirs, executors, and personal representatives. 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 North Carolina without giving effect to any choice or conflict of law provision or rule whether of the State of North Carolina or any other jurisdiction. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Wake County, North Carolina and you hereby consent to the exclusive jurisdiction of such courts.