NAIOP San Diego WAIVER, RELEASE AND INDEMNITY AGREEMENT FOR NAIOPalooza 2023

For and in consideration of permitting the undersigned to participate in the NAIOPalooza (the “Event”), on Friday, November 3, 2023 with the activities occurring at North Beach Del Mar, 3200 Camino Del Mar, Del Mar, California, the undersigned hereby voluntarily releases and forever discharges NAIOP San Diego and their parents, subsidiaries, affiliates, agents, representatives, partners, employees and all other persons whether named or referred to herein or not (collectively, “Releasees”) from any and all actions, causes of action, claims, demands, obligations, liabilities, losses, costs or expenses for, without limitation, personal injury, property damage or wrongful death occurring to the undersigned arising out of the participation in the Event or any activities incidental thereto wherever or however the same may occur and for whatever period said activities may continue, and agrees that under no circumstances will he/she or his/her heirs, executors, administrators or assigns present or prosecute any claim for, without limitation, personal injury, property damage or wrongful death arising out of the Event against the Releasees for any of said causes of action whether the same shall arise by the negligence of any of said persons or otherwise. The undersigned acknowledges, understands, and assumes the risks inherent in the activities connected with the Event and understands that said activities entail risks to his/her person and property and the undersigned is participating with full knowledge of said risks. The undersigned acknowledges, understands, and assumes the risk, if any, arising from the conditions of the location of the Event and acknowledges and understands that included within the scope of said waiver and release is any action or causes of action arising from the performance of, or failure to perform, maintenance, inspection, supervision, control or security of said areas and for the failure to warn of dangerous conditions existing on or near said locations. The undersigned, for himself/herself, his/her heirs, executors, administrators or assigns agrees that in the event any claim for the undersigned’s personal injury, property damage or wrongful death arising out of the undersigned’s participation in the Event shall be prosecuted against Releasees he/she shall indemnify and save harmless Releasees from any and all claims or causes of action by whomever or whatever arising out of the undersigned’s participation in the Event. Further, it is agreed that the foregoing indemnity and agreement to hold harmless does not require the Releasees to have made payment to a third party claimant as a condition precedent to recovery of the indemnity granted pursuant to this paragraph. THE UNDERSIGNED ACKNOWLEDGES THAT HE/SHE IS AWARE THAT HE/SHE IS RESPONSIBLE FOR HIS/HER CONSUMPTION OF ALCOHOL AND SAFE TRANSPORTATION HOME AFTER THE EVENT, AND, IN ADDITION TO THE GENERAL RELEASE SET FORTH ABOVE, COMPLETELY RELEASES AND INDEMNIFIES THE RELEASEES IN CONNECTION WITH SUCH ALCOHOL CONSUMPTION AND AGREES TO HANDLE HIS/HER ALCOHOL CONSUMPTION RESPONSIBLY. The undersigned acknowledges that he/she has read the foregoing paragraphs, has been fully and completely advised concerning same and is fully aware of the legal consequences of signing this document. By signing, I certify I am over the age of 21 years.