Trust Fund Virtual Activities Waiver Agreement

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(Including assumption of risks and agreements of release and indemnity). Please read this document carefully.

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In consideration of being allowed to participate in the virtual amusements and activities offered by the UAW/UMass Health & Welfare Trust Fund (the “Fund”) I, for myself, my heirs, personal representatives and assigns acknowledge and agree as follows:

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Activities and Risks

I understand that I share the responsibility for managing the risks of activities, supervised or not, including not participating in an activity for which I feel I am not qualified or which includes harmful conditions. I understand that I must follow all policies, rules, and regulations. I acknowledge that I have been able to ask any questions about the nature and physical demands of the activities and their risks in advance of my participation.

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I understand that the risks of any virtual activities include, among others, the following: (1) possibly harmful contact with persons, structures and objects (fixed and moveable); (2) failure of the facilities, and other equipment; (3) mental or physical health problems of participants and others; (4) lack of training and conditioning; and (5) carelessness and misjudgements, including negligence, of participants and staff, by failing to follow proper procedures, instructions and operating policies.​ These and other risks are inherent in certain activities. These and other risks can result in losses, including property damage, bodily injury, permanent disability, paralysis, and even death.

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Assumption of Risks

My participation in the virtual activities is voluntary. I hereby acknowledge the risks described above and their inherency, and that other risks, known and unknown, inherent and otherwise, may be encountered.

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I expressly knowingly assume all the risks, known and unknown, inherent or not, and whether or not described above, of participation in a virtual amusement or activity of the Trust Fund. I understand that I should consult my physician regarding the applicability of any recommendations and follow all safety instructions before beginning any exercise program.

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Release and Indemnity

I, my heirs, personal representative or assigns do hereby agree (to the maximum extent allowed by law), to release and discharge the Trust Fund from, and covenant not to sue (or otherwise assert a claim against) the Trust Fund, its trustees and its staff with respect to, any and all claims (resulting in personal injury, accidents, or illness, including death), liabilities, losses, damages or expenses (including attorneys’ fees) in any way arising from or connected with my participation in an activity of the Trust Fund.

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I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) the Trust Fund, its trustees and its staff from any claim and from any liability, loss, damages or expenses (including attorneys’ fees) resulting from my involvement in the activities of any virtual vendor paid by the Trust Fund to provide virtual programming.

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If the Activity Involves Downloading an Application or Files

In consideration of downloading and using Zoom  (and any related) application(s) developed by Zoom.us on my mobile phone or other personal computing or media device (each a “Device”) through the arrangement between the Trust Fund (the “Fund”) and Zoom.us, Inc. (collectively with the Zoom applications, “Zoom”), or downloading any applications or files involved in participating in any virtual programming:

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I for myself, my heirs, personal representatives and assigns acknowledge and agree as follows:

• I understand that I must follow all Zoom, Daily Burn (and any other virtual programming) policies, rules, and regulations.

• I understand the risks of downloading and using Zoom, Daily Burn (and any other virtual programming) include, without limitation, the possibility of downloading a virus or other file(s) that may corrupt my Device.

• I understand that any such corruption may cause my Device to malfunction or weaken its security, which may expose any information stored or imputed into my Device to a third parties.

• My use of Zoom, Daily Burn (and any other virtual programming) is voluntary. I hereby acknowledge the risks described above and their inherency, and that other risks, known and unknown, inherent and otherwise, may be encountered.

• I expressly knowingly assume all the risks, known and unknown, inherent or not, and whether or not described above, of the use of Zoom, Daily Burn (and any other virtual programming).

• I, my heirs, personal representative or assigns do hereby agree (to the maximum extent allowed by law), to release and discharge the Fund from, and covenant not to sue (or otherwise assert a claim against) the Fund, its trustees and its staff with respect to, any and all claims, liabilities and losses in any way arising from or connected with my download or use of Zoom, Daily Burn (and any other virtual programming)

• I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) the Fund, its trustees and its staff from any claim and from any liability, loss, damages or expenses (including attorneys’ fees) resulting from my download or use of Zoom, Daily Burn (and any other virtual programming).

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Additional Provisions

I acknowledge and agree that I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it shall be effective and binding upon me and my family, heirs, executors, administrators and representatives. I agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Massachusetts and if any portion of this Agreement is held by a court of competent jurisdiction to be invalid, the balance of this Agreement shall continue in full force and effect.

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