RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

READ THIS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE clicking to accept or otherwise indicating your assent to this Agreement when this option is made available to you.  YOUR clicking to accept or otherwise indicating your assent to this Agreement shall hereafter be REFERRED TO as “acceptance”.  your acceptance INDICATES THAT YOU UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. BY YOUR ACCEPTANCE, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN THE EVENT OF INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE CENTER FOR INNOVATIONS IN EDUCATION d/b/a base 11, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION (“BASE 11”) AND ALL OF BASE 11’S AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS  (HEREINAFTER REFERRED TO INDIVIDUALLY AND COLLECTIVELY AS THE “RELEASED PARTIES”).

This Agreement governs any and all access and use of the B11SC Safety Training Course Curriculum or any other safety training information relating to the designing, building, testing, and launching of liquid propelled rockets (“Rocketry”) made available online by Base 11.  This safety training information shall be referred to hereafter as the “Safety Training Materials”.  The Safety Training Materials may be made available through online platforms including, but not limited to, Thinkific.  The Safety Training Materials were prepared by third parties unrelated to Base 11.  Base 11 did not create and shall not be deemed to have endorsed the Safety Training Materials.

In consideration for permission to access and use the Safety Training Materials, on behalf of myself, my personal representatives, heirs, next-of-kin, spouse and assigns (collectively, “I”, “me” or “my”), I hereby:

• Affirm that I am eighteen (18) years of age or older.
• Acknowledge that participation in Rocketry may be dangerous and could lead to injury, illness, death, or property damage.
• Assume any and all risks of injury, illness, death, or property damage arising from, relating to, or connected with the use of the Safety Training Materials in connection with Rocketry activities, whether caused by the ordinary negligence of Base 11 or otherwise. 
• Acknowledge that none of the Released Parties will be responsible or liable for any losses, liabilities, damages (including, without limitation, personal injury, illness, death or property damage) or claims of any kind or nature, or any related costs or expenses (including, without limitation, legal fees and disbursements of costs of investigation, litigation, settlement, judgment, interest, and penalties (collectively, “Losses”)), arising from, relating to, or connected with the use of the Safety Training Materials.
• Waive, release and forever discharge the Released Parties from liability for any and all Losses arising from, relating to, or connected with the use of the Safety Training Materials, whether caused by the ordinary negligence of Base 11 or otherwise.
• Covenant not to sue the Released Parties for any Losses on account of injury, illness, death, or property damage arising from, relating to, or connected with the use of the Safety Training Materials, or any other Losses whatsoever. 
• Acknowledge that WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR STATUTE IN ANY OTHER JURISDICTION. CALIFORNIA CIVIL CODE SECTION 1542 READS 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.

• Acknowledge and agree to indemnify, defend, release from liability, and hold harmless the Released Parties from and against any and all Losses arising from, relating to, or connected with the use of the Safety Training Materials, or any activities incidental thereto, including, without limitation, any third-party claims for injury, illness, death, property damage or otherwise.  I acknowledge and agree that the obligation to indemnify and hold harmless as set forth in this paragraph will survive the expiration, lapse, or termination of this Agreement. 
• Agree that this Agreement is governed by the laws of the State of California and is intended to be as broad and inclusive as is permitted by California law.   If any term or provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.  Any suit that I may bring against the Released Parties must be brought in California’s state or federal courts located in Orange County, California. If a lawsuit is filed against any Released Parties for any injury, damage or liability in breach of this Agreement, I will pay all attorneys’ fees and costs incurred by the Released Parties in defending such action.

I AM VOLUNTARILY ACCESSING AND USING THE SAFETY TRAINING MATERIALS TO ENGAGE IN ROCKETRY ACTIVITIES, WITH THE FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED IN ROCKETRY, AND WILLINGLY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR OTHER LOSSES OF ANY KIND OR NATURE. THROUGH MY ACCEPTANCE, I HAVE MADE A FREE AND DELIBERATE CHOICE TO ENTER THIS AGREEMENT AS A CONDITION TO THE RELEASED PARTIES ALLOWING ME TO ACCESS AND USE THE SAFETY TRAINING MATERIALS.