ACKNOWLEDGEMENT, RELEASE, WAIVER AND INDEMNITY AGREEMENT

IN CONSIDERATION of MX TECHNOLOGIES, INC., (“MX”) providing to you (the “Participant”) access to and participation in certain elective activities and events, including the Money Experience Summit (the “Activities”), Participant agrees to be bound by this Acknowledgement, Release, Waiver and Indemnity Agreement (the “Agreement”) in favor of MX as of today’s date and acknowledges and agrees to the terms and conditions set forth herein.

  1. Participation in the Activities. Participant agrees that participation in the Activities is strictly voluntary and is not a requirement of attending the Activities sponsored by MX. Participant further agrees that any participation by Participant and any personal guests attending and or participating in the Activities by, through or under Participant (collectively and together with Participant, the “Participants”) shall be done so reasonably, carefully and in accordance with any rules or regulations posted for the Activities or of which Participant or Participants are otherwise given notice either by MX, the applicable third-party provider, or the venues hosting the Activities. Further, Participants represent that: (i) they do not currently have any symptoms of Covid-19; (ii) they have not been in close proximity with anyone who has tested positive for Covid-19 in the previous fourteen (14) days; (iii) they have not been in a highly impacted area that would expose them to someone infected; and (iv) they have been vaccinated against Covid-19 or will wear a mask at all times during the Activities and otherwise follow the protocol in place to protect the health and safety of Participants and others, including Center for Disease Control (CDC) guidance. MX reserves the right to exclude any person from the Activities for failure to comply with this section or for any reason in its sole discretion.
  2. Acknowledgement of Danger; Assumption of Risk. Participant acknowledges and represents that Participant is familiar with the risks and potential dangerous nature of the Activities, including but not limited to death or serious bodily injury, which may result from participation in or attendance at the Activities. Participant further acknowledges that no matter what precautions MX may take, Participant `and Participants could experience injury or illness of a very serious nature and die as a result of an accident, fall or incident in, or may suffer damage to or theft of property as a result of participating in or attending the Activities. Participants, therefore, attend and participate in the Activities voluntarily and at their own risk, and Participant expressly assumes any responsibilities and liabilities to Participants pertaining to such risks, without limitation or qualification. There have not been any express or implied representations made to Participant regarding the Activities.
  3. Release, Waiver, Covenant Not to Sue and Indemnity. Except for any gross negligence or willful misconduct attributable to MX, the Participant unconditionally and irrevocably (a) releases and discharges MX and its affiliates, directors, officers, employees, agents, contractors, attorneys and representatives (collectively, the “Released Parties”) from, (b) waives, (c) covenants not to sue for, initiate legal, equitable or similar action or file a complaint or other action for controversy resolution in connection with, or otherwise seek, and (d) agrees to indemnify, defend and hold harmless the Released Parties against, any claims, liabilities, losses, damages, injuries (including personal injury, loss of life and damage to or theft of property), actions, causes of action, costs and expenses (including, without limitation, attorneys’ fees), known or unknown, suspected or unsuspected, fixed or contingent, arising directly or indirectly from attendance and or participation in the Activities, including negligence on the part of MX. This clause is intended to be as broad and inclusive as permitted by law.
  4. General Provisions. If either party brings suit to enforce or interpret this Agreement, the prevailing party shall be entitled to recover from the other party the prevailing party’s reasonable attorneys’ fees and costs incurred in any such action or in any appeal from such action, in addition to the other relief to which the prevailing party is entitled. This Agreement shall inure to the benefit of MX, and shall be binding on the Participant, and their respective successors and assigns. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws (excluding the choice of laws rules) of the state of Utah. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under applicable law; but, if any provision of this Agreement shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remainder of such provision or the remaining provisions of this Agreement. The parties subject themselves to the exclusive jurisdiction of the courts of the state of Utah and agree to commence and maintain any lawsuit related to this Agreement in such courts. The parties further agree that such courts are a convenient forum.

This Agreement shall be construed according to its fair meaning and not strictly for or against either party, as if both parties had prepared it.

BY CLICKING “I ACCEPT” BELOW, HAVING CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTANDING ITS CONTENTS AND KNOWING IT IS A BINDING AGREEMENT BETWEEN MX AND ME, I AGREE TO BE BOUND BY THESE TERMS.