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Company: Exponential Interactive, Inc. d/b/a VDX.

tv and its Affiliate Companies


2340 Powell Street, #378, Emeryville, California 94608 (“Company”)

Event: 2022 Turkey Summit (04 September 2022 – 01 October 2022) (“Event”)

Hotel: FUN SUN FAMILY Club Saphire (“Hotel”)

Premises: Mahallesi Sehit er Hasan Yilmaz Caddesi No: 18, Tekirova, Kemer 07995 Turkey
Phone: +90 242 212 1887 (“Premises”)

RELEASE AND WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT

In consideration of being permitted to participate in the Event, I, ______________________ (“Participant”,


“I”, “me”, “my”), agree and consent to the following terms and conditions on behalf of myself:

1. I understand that Company does not require me to participate in this Event and that attendance at the
Event is optional.

2. I assume full responsibility for any risk of loss, damage, or personal injury, including any COVID-19-
related injury, illness or loss, that I or my property may sustain as a result of participating in the Event.

3. I acknowledge that I know of no medical reason that would prevent me from safely participating in the
Event. If I develop symptoms or test positive for COVID-19 before or during the Event, I agree to
immediately notify Company and withdraw from the Event and all subsequent activities associated with
the Event.

4. If medical services are required for me during the Event, Company will attempt to reach my emergency
contact of record or my spouse or registered domestic partner, if any, and engage professional medical
services for me if such services are necessary. Only a qualified medical professional, not Company, may
make medical decisions for me and only to prevent imminent death or additional severe bodily harm. I
agree that if I am a consultant, I will be responsible for payment of all medical services rendered to me.
If I am an employee of Company, to the extent that the costs are not covered under my Company’s
insurance policies or by the Hotel, I will be responsible for payment of medical services rendered to me.
I consent to the disclosure of my emergency contact information with the Hotel.

5. I understand that alcohol may be served at this Event, and that I must act responsibly regarding my
alcohol consumption. I further acknowledge that there are swimming pools and other fitness/recreational
facilities on the Premises and understand that there are inherent risks of property damage and personal
injury including without limitation, death, in utilizing such facilities. I agree that I will not use such facilities
in any way that endangers me or others.

6. I acknowledge participation in this Event, and Event activities, includes inherent risks. I freely assume
these risks, including transportation to and from the Event, and any injury, illness or loss caused by the
Company or its employees, agents, officers or directors and/or other Event participants, whether by
negligence or otherwise. I recognize my responsibility to participate only in those activities for which I am
fit and have the required skills. I understand that Company shall have no responsibility to pay for medical
treatment and related costs if I am injured.

7. I understand and agree to the following prohibitions at the Event and on the Premises: (1) no outside
guests, except for those specifically permitted by Company; (2) no smoking; and (3) no pets.

8. I grant the Company the right to photograph or otherwise digitally record or collect my name, image,
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likeness, voice, or sound, in relation to the Event for legitimate purposes. If I object to any specific use
by Company, I will notify Company in writing of such objection.

9. To the extent permitted by law, I release, waive, discharge, and covenant not to sue the Company, its
parents, subsidiaries, or other affiliates, officers, agents, employees, contractors, and each of them
(“Releasees”) from any and all liability, claims, demands, actions, and causes of action of any kind or
nature arising out of or related to any loss, damage, or injury, including death, that I, my property may
sustain resulting from or in any way connected with my participation in the Event, regardless of whether
such liability arises in tort, contract, or otherwise. For the avoidance of doubt, the Hotel is not a Releasee.
I acknowledge and understand that this Release is not intended to operate as, nor shall be construed as,
a release or waiver of any rights and/or claims that cannot be released or waived as a matter of law.

10. I further agree, as permitted by law, to indemnify, defend, and hold harmless the Releasees from any
loss, liability, damage, or costs, including attorneys’ fees and court costs, that may incur arising out of or
related to my participation in the Event, whether caused by the negligence of the Releasees or otherwise.

11. In the event that my acts or omissions at the Event cause damage or loss to any third party, including to
their real estate or personal property, and Releasees incur any liability as a result, I accept liability for
any such damage or loss. Additionally, where applicable, I agree that if I am an employee of Company,
I may be subject to disciplinary action for such acts or omissions.

12. I understand that signing this Release does not release me from any professional obligations or
responsibilities to the Releasees, including without limitation to performance of job duties and compliance
with all applicable policies and procedures. If I am an employee of Company, I understand that this
Release may be retained in my employee file and that any violation of this Release may lead to
disciplinary action.

13. It is my express intent that this Release and Waiver of Liability and Indemnification Agreement
(“Release”) bind my family members, spouse or domestic partner, heirs, assigns, personal
representatives and anyone else entitled to act on my behalf to the extent they act on my behalf, and is
deemed as a release, waiver, discharge, and covenant not to sue the Releasees.

14. I agree that this Release is governed by the laws of: 1) for U.S. employees/residents: the U.S. state in
which I reside; 2) for non-U.S. employees/residents: the local laws of the country in which the Company
Affiliate-employer is located; 3) U.S. entity consultants: New York state; 4) India entity consultants: laws
of India. Any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken
without any effect on the enforceability of the Release as a whole to the full extent authorized by
applicable law.

15. I affirm that I have read and understand this Release as set forth above and that I may be giving up
substantial rights by signing it. I affirm that I am voluntarily signing this Release.

Participant: Date:

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