This Release of Liability and Assumption of Risk Agreement (“Agreement”) is made to allow A-OK Collective, LLC, (“Producer”) and Producer’s respective licensees, designees, successors and assigns (each individually [including Producer] and all collectively, “Assignee”) to include me as a guest in the event listed below (the “Event”).
In consideration of the opportunity to be included in the Event, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I acknowledge, understand, and agree that:
- Participating in the Event will cause me to be exposed to extreme, hazardous and/or unnatural circumstances, the risks of which are significant, including, without limitation, the potential for harm, loss, physical and mental injury, emotional distress, death, disability, disfigurement, physical and mental illness, and loss or damage to person(s) or property (collectively “Loss”). I knowingly and freely assume all such risks of loss, both known and unknown, even if arising from the negligence of the persons and/or entities released from liability below, and I assume full responsibility for my participation in the Event. IN NO WAY HAVE I BEEN SUBJECTED TO ANY COERCION, PRESSURE OR UNDUE INFLUENCE BY PRODUCER OR ASSIGNEE TO PARTICIPATE IN THE EVENT. Without detracting from the foregoing, I agree to follow the instructions of Producer and Assignee and understand that Producer and Assignee shall not be responsible for any Loss that I may suffer as a result of my failure to follow such instructions.
- No representations or warranties of any kind whatsoever have been made to me regarding: (a) my qualifications or ability to participate in Event; or (b) the personnel, equipment or services to be used in connection with the Event. I acknowledge and agree that I will participate in the Event and use of such equipment or services is entirely at my own risk.
- I, for myself and on behalf of my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors, and assigns (the “Releasing Parties”) HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS Producer, each of the other participants in the Event, any and all Assignees, each one of them and each of Assignee’s parent and related companies, subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present, and future directors, officers, agents, representatives, employees, contractors, partners, shareholders, members, licensees, successors and assigns, and agents of all of the forgoing (the “Released Parties”) to the fullest extent permissible under law from any and all manner of liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, and whether at my instance or at the instance of any third party, related to any Loss that I or any third party may suffer arising out of or pursuant to the negligence of any of the Released Parties or otherwise, or arising out of my preparation for, participation, performance, or appearance in the Event, or any activity(ies) associated with the foregoing, whether occurring before, during, or after my actual participation in the Event, whether such Loss be direct, indirect, consequential, or otherwise (the “Released Claims”).
- I, on behalf of myself and the other Releasing Parties, hereby expressly waive and release any and all claims, rights and benefits under Section 1542 of the California Civil Code or any analogous state, local or federal law. Section 1542 of the California Civil Code reads as follows: “A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Notwithstanding Section 1542 of the California Civil Code or other similar provisions, this release shall constitute a full release in accordance with its terms. I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, on behalf of myself and the other Releasing Parties, and acknowledge and agree that this waiver is an essential and material term of this Agreement, and without such waiver I would not have been permitted to audition or become a participant in the Project. I hereby represent, on behalf of myself and the other Releasing Parties, that I and the other Releasing Parties have been advised of Section 1542, as well as other statutes, laws, or rules of similar effect by each of their legal counsel, and hereby acknowledges and understands the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.
- I and the other Releasing Parties irrevocably agree to defend, indemnify, and hold harmless Producer, Assignee and each of the Released Parties from and against all liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, by whomever asserted, with respect to: (a) any and all Released Claims; and (b) any conduct in which I may engage that has not been acknowledged and expressly authorized in writing by Producer or Assignee (including, but not limited to, actions taken outside of the scope of any instructions I have been given by Producer or Assignee).
- This Agreement and all related matters shall be governed and construed in accordance with the internal laws of the State of California entered into and fully to be performed entirely therein, without regard to the conflict of law principles thereof.
- No waiver of any breach of or default under any provision hereof shall be deemed a waiver of such provision, or of any subsequent breach or default.
- This Agreement has been prepared by an attorney and Producer has recommended that I consult with my attorney in connection with this Agreement. I represent and warrant that I have reviewed this Agreement with my own legal counsel prior to signing (or although I have been given a reasonable opportunity to discuss this Agreement with counsel of my choice, I have voluntarily declined such opportunity).
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY.