TriNet’s Colleague Engagement Initiatives
Physical Activities
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT (“Release”)
Last Modified: April, 2016
Colleague engagement is very important to TriNet. To encourage it, TriNet and various teams or departments within TriNet sometimes sponsor activities intended to promote colleague engagement, among other things. Such activities, which may include fitness challenges, charitable events, and team building exercises (by way of example and not limitation), are herein referred to as “Colleague Engagement Initiatives.” In light of the fact that Colleague Engagement Initiatives may involve physical activities, TriNet has developed this Release to ensure that there is an understanding between TriNet and you as to the voluntary nature and risk of such activities, and as to your assumption of that risk to the full extent allowed by applicable law.
As physical exercise can be strenuous and subject you to risk of serious injury, TriNet urges you to obtain a physical examination from a doctor before participating in any physical activities affiliated with its Colleague Engagement Initiatives. You agree that if you engage in any such physical activities, you do so entirely at your own risk. In consideration of being permitted to participate in TriNet’s Colleague Engagement Initiatives, you agree and represent, for yourself and your personal representatives, heirs, and next of kin, that you are physically and mentally capable of participating in the activities and that you are voluntarily participating in any such activity, and you assume all risks of injury, illness, or death.
This Release includes, without limitation, all injuries which may occur as a result of: (1) your use of all amenities and equipment, including the sudden and unforeseen malfunctioning of any such equipment, in connection with TriNet’s Colleague Engagement Initiatives; (2) your participation in any activity, class, or program in connection with TriNet’s Colleague Engagement Initiatives; (3) related instruction, training, supervision (or lack thereof); and (4) your related slipping and/or falling, if any, while on TriNet’s premises, including adjacent sidewalks and parking areas, or offsite. In addition, TriNet is not responsible for the loss or destruction or theft of any of your personal property.
In addition, you understand and agree that by participating in Colleague Engagement Initiatives, photographs and/or videos (“Media”) may be taken by TriNet or their vendor that include your likeness and/or voice and TriNet may publish, send or distribute any such Media for promotional purposes, both internally and/or externally.
You acknowledge that you have carefully read this Release and fully understand that it is a release and waiver of liability. You expressly agree to release and discharge TriNet, and all affiliates, directors, officers, employees, agents, representatives, successors, or assigns (“Releasees”), from any and all claims or causes of action related to your participation in physical activities affiliated with TriNet’s Colleague Engagement Initiatives, and you agree to voluntarily give up or waive any right that you may otherwise have to bring any related legal action against Releasees, whether for personal injury, wrongful death, property damage or loss, or otherwise.
To the extent that applicable statute or case law does not prohibit releases for negligence, this Release is also for negligence on your part or on the part of the Releasees. This Release also extends to any intentional act or other contributory act by you or the Releasees. You also agree to indemnify and save and hold harmless the Releasees from any loss, liability, damage or cost they may incur due to your negligent, intentional or contributory act in connection with any physical activities affiliated with TriNet’s Colleague Engagement Initiatives.You further expressly agree that the foregoing Release is intended to be as broad and inclusive as is permitted by law. If any portion of this Release shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this Release shall remain in full force and effect.


