DEED OF WAIVER, RELEASE, CONSENT, ASSUMPTION OF RISK AND INDEMNIFICATION (New York 2024)

Shokz is glad to see your active participation in our activity(“Activity” or “Challenge”). This Terms and Conditions (the “Agreement”) is a binding agreement between you (“You”) and SHOKZ (SINGAPORE) PTE. LTD (“SHOKZ”).

IF YOU SIGN THIS AGREEMENT, WE MAY ASSUME THAT YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE (EIGHTEEN OR OLDER IN MOST CASES) TO ENTER INTO A BINDING AGREEMENT TO PARTICIPATE IN THIS ACTIVITY; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGH THIS AGREEMENT AND PROVIDE YOUR INFORMATION TO SHOKZ.

Rules: You are required to wear Shokz headphones while running on a treadmill for about 90 seconds. Then you will receive a gift (Drawstring Bag/Sportbelt/Cooling Tower, Valued around $10.00) from us. If you want to get our new headphones (OpenRun Pro 2, Valued at about $179.95), you can post a photo of the activity on Instagram as long as you get more than 100 likes before the end of the expo.

Eligibility: You must be at least 18 years old and in good physical condition, free from any medical conditions that could be exacerbated by physical exertion, including but not limited to heart conditions, respiratory issues, or injuries. You are responsible for determining your own ability to safely participate in the activity.

First Come, First Served: Prizes are available on a first come, first served basis while supplies last. SHOKZ reserves the right to limit the number of prizes distributed based on availability. Prize availability is subject to the actual on-site situation. Once the available prizes have been claimed, SHOKZ will not be obligated to provide additional prizes, regardless of participant entry or eligibility. Participants who arrive after prizes have been distributed will not be entitled to any compensation or substitute prize.

Prize Distribution:Prizes will be distributed on-site immediately following participation. You are required to collect your prizes at the event venue. SHOKZ will not be responsible for shipping or delivering any uncollected prizes after the event.

You acknowledge and agree with SHOKZ that the Activity is a form of physical activity which involves exertion and a certain level of health and fitness, meanwhile and the equipment used will be determined based on the actual situation on site. There are risks specifically associated with participation in such activities and accidents may and do happen, which may result in serious personal injury and/or property damage. While measures may be taken to reduce this risk, there will always remain a certain level of risk. Prior to undertaking the Activity, you have considered all of the possible risks involved.

You acknowledge and agree with SHOKZ that, if you are suffering from any medical or health condition, your participation in the Activity might be associated with increased or additional risks. you represent and warrant that you do not suffer from any such medical or health condition.

You knowingly and freely assume any and all of the aforesaid risks, both known and unknown, and therefore assume full responsibility for participating in the Activity.

If you observe any unusual hazard during your presence or participation, you will remove yourself from participation and bring such hazard to the attention of the nearest SHOKZ employee, officer or agent.

Subject to Clause above, you, intending to legally bind yourself, your heirs, executors and administrators, hereby irrevocably release SHOKZ, its affiliated companies, and their past and present officers, directors, agents, employees, representatives, successors and assigns and any person or entity acting for or on behalf of them (collectively “Releasees”) from any and all rights and claims for injuries and damages that maybe suffered by you in connection with your participation in the Activity. you agree to irrevocably waive all such rights and claims, and to indemnify the Releasees and hold them harmless from and against any and all losses, claims, liabilities and/or expenses arising from or otherwise connected with your participation on the Activity. For the avoidance of doubt, the provisions mentioned earlier shall not be interpreted as excluding or limiting Shokz's liability for death or personal injury caused by intentional misconduct or gross negligence.

You agree to allow SHOKZ to take, edit and use any and all images (moving or still) and sound recordings of you for the purpose of promotion and marketing of SHOKZ’s products, and exploitation of the same worldwide by all media, without any fee or obligation to you.

By participating in this event, you agree to provide your name and email address for the purposes of event management and future marketing communications. SHOKZ respects your privacy and is committed to protecting your personal information. Your email address may be used to send promotional content or updates about SHOKZ products and events. SHOKZ will not share, sell, or distribute your personal information to any third parties without your consent, except as required by law. All personal data will be securely stored, in accordance with applicable data protection regulations. You can unsubscribe from E-mails by the ways set forth in the Privacy Policy. For further information on how Shokz protects your data, please see Shokz Privacy Policy.

This Deed shall be governed by and construed in accordance with the laws of Singapore. you agree to exclusively submit any claim or dispute arising under or connected with this Deed and/or the Activity to the jurisdiction of the courts of Singapore.