RELEASE OF LIABILITY

Read Carefully - This Affects Your Legal Rights

Last updated April 8, 2024

By registering for the casino event on April 27, 2024 hosted by The Hummingbird Project, at 10412 E. Robs Camp Road, Scottsdale, Arizona, 85255, you ("Event Registrant), acknowledge and agree for yourself and (if applicable) for the members of your family, to the following:

1. Agreement To Follow Directions. You agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by The Hummingbird Project, or the employees, representatives, or agents of The Hummingbird Project.

2. Assumption of the Risks and Release. You recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to yourself and (if applicable) your family members, and further release and discharge The Hummingbird Project for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of The Hummingbird Project, whether caused by the fault of yourself, your family, The Hummingbird Project or other third parties.

3. Indemnification. You agree to indemnify and defend The Hummingbird Project against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from you or your family's use of or presence upon the facilities of The Hummingbird Project.

4. Fees. You agree to pay for all damages to the facilities of The Hummingbird Project caused by any negligent, reckless, or willful actions by you or your family.

5. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Arizona law.

6. No Duress. You agree and acknowledge that you are under no pressure or duress to sign this agreement and that you have been given a reasonable opportunity to review it before acknowledging and accepting. You further agree and acknowledge that you are free to have your own legal counsel review this agreement if you so desire. You further agree and acknowledge that The Hummingbird Project has offered to refund any fees you have paid to use its facilities if you choose not to acknowledge and accept this agreement.

7. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

8. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

9. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:

Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

YOU HAVE READ THIS DOCUMENT AND UNDERSTAND IT. YOU FURTHER UNDERSTAND THAT BY COMPLETING THE REGISRATION FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS RELEASE OF LIABILITY AGREEMENT AND VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.