CHAIN BRANDS ASSUMPTION OF RISK, RELEASE AND WAIVER AGREEMENT
This Chain Brands Assumption of Risk, Release and Waiver Agreement (the “Agreement”) is being entered in return for your and anyone on whose behalf you are registering (including any accompanying minors) (individually or all together referred to herein as “Participant”) being allowed to participate in and/or attend one or more pop-up restaurant activations conducted by Chain Brands Inc. (collectively, the “Activities”). For the avoidance of doubt, any and all tickets to attend the Activities are governed by and subject to this Agreement, and by entering or participating in the Event, you are agreeing to the terms of this Agreement. This Agreement applies in addition to any other terms and conditions that apply to any of these specific events or activities. By registering for and/or attending or participating in any of the Activities, Participant, on behalf of themselves and anyone on whose behalf they are registering for the Activities (including any accompanying minors), acknowledges having read this Agreement and agrees to be bound by it.
INFORMED CONSENT AND ASSUMPTION OF RISK: Participant understands that the Activities – including without limitation attendance at the Activities and consumption of food and/or beverages (whether alcoholic or non-alcoholic) during the Activities - involve certain risks, including, but not limited to, weather conditions, negligent or willful acts of other participants, illness, serious injury and death, and other risks that are unknown at this time. Participant also understands that novel coronavirus SARS-COV-2 (together with any variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death. The CDC advises that senior citizens and those with underlying medical conditions are especially vulnerable. An inherent risk of exposure to Covid-19 exists in any public place where people are present.
Participant understands and agrees that the Released Parties (defined below) are not responsible for any personal injury (including death), exposure to communicable diseases, viruses, bacteria or illnesses, or the causes thereof, or lost, stolen or damaged property, arising out of the Activities, or use of facilities, premises, or equipment, whether or not related to the Activities, even if caused by the Released Parties’ ordinary negligence or fault. PARTICIPANT, ON BEHALF OF TEHMSELVES AND ANYONE ACCOMPANYING THEM (INCLUDING ANY MINORS), IS VOLUNTARILY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED, INCLUDING WITHOUT LIMITATION ALL RISKS RELATED TO EXPOSURE TO COVID-19, AND KNOWINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, AND ASSUMES FULL RESPONSIBILITY FOR THEIR PARTICIPATION IN THE ACTIVITIES.
Participant also agrees, on behalf of themselves and anyone accompanying them (including any minors), to abide by and comply with any posted rules relating to any of the Activities and that, prior to participating in the Activities, Participant will inspect the facilities and equipment to be used, and if Participant believes anything is unsafe, Participant will immediately refuse to participate and will inform the Released Parties. Participant acknowledges that Participant and anyone accompanying Participant (including any minors) is responsible for wearing appropriate attire and footwear for the activities in which they intend to participate.
Participant, on behalf of themselves and anyone accompanying them (including any minors), consents to administration of first aid and other medical treatment in the event of injury or illness. If Participant needs medical treatment as a result of their participation in the Activities, travel to and from the Activities, or any events incidental to the Activities, Participant agrees to be financially responsible for any costs incurred as a result of such treatment.
RELEASE AND WAIVER OF LIABILITY: Participant, for themselves and anyone accompanying them (including any minors), and on behalf of Participant’s and their children, family, estate, heirs, executors, trustees, personal representatives, successors and assigns, HEREBY RELEASES AND COVENANTS NOT TO SUE (i) Chain Brands Inc.; (ii) all owners, operators and lessors of premises on or in which any Activity takes place; (iii) any third-party sponsor of any Activities, whether or not disclosed or advertised as such (iv) the owners, shareholders, members, managers, partners, officials, affiliates and direct and indirect subsidiaries of each of the foregoing; and (v) each of the respective direct and indirect affiliates, corporate entities, administrators, officers, officials, directors, agents, representatives, employees, contractors, subcontractors, sponsors and licensees of all of the foregoing, and each and all of their respective successors and assigns (collectively the “Released Parties”), for, from and against any and all present and future liabilities, obligations, damages, losses, claims, actions, suits, procedures, demands, costs or expenses (collectively, "Claims"), including, without limitation, for property damage, personal injury, or wrongful death, exposure to communicable diseases, viruses, bacteria or illnesses, or the causes thereof, arising as a result of or relating in any way to the Activities or Participant’s participation therein, or use of facilities, premises, or equipment, whether or not related to the Activities, wherever, whenever, or however the same may occur, regardless of who is at fault and including as a result of the ordinary negligence or fault of any of the Released Parties (collectively, the “Released Claims”). Participant agrees, on behalf of themselves and anyone accompanying them (including any minors), that the opportunity to participate in and/or attend the Activities is a full and fair exchange for this release and waiver of the Released Claims.
INDEMNIFICATION AND HOLD HARMLESS: Participant, for themselves and anyone accompanying them (including any minors), further agrees to INDEMNIFY AND HOLD HARMLESS the Released Parties from any and all Claims brought by anyone (including, without limitation, medical providers and insurers) as a result of Participant’s or their involvement in the Activities, or use of facilities, premises, or equipment, whether or not related to the Activities, including, without limitation, any Released Claims, and to reimburse the Released Parties for any costs and expenses, including, without limitation, attorneys’ fees, incurred in defending such actions.
PUBLICITY RELEASE AND WAIVER: Participant, on behalf of themselves and anyone accompanying them (including any minors), understands that the Activities may be filmed, recorded or photographed and hereby grants irrevocable permission to the Released Parties to use, publish, distribute and/or modify Participant’s name and their image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, or images of the Activities for any purpose without further authorization or compensation, for any lawful purpose, including without limitation for the purpose of advertising related to the Activities, future events similar to the Activities, Chain Brands Inc., or any third-party sponsor of the Activities, and waives all claims and potential claims relating to such use unless prohibited by law. Participant shall have no right to inspect any materials produced hereunder, and no further consents will be required from Participant in order to create or disseminate the sale. Participant hereby releases and holds harmless the Released Parties from any claims arising from the use of such materials, including without limitation claims in the nature of blurring, distortion, or optical illusion.
GOVERNING LAW AND SEVERABILITY: Participant understands that this Agreement, and the releases, waivers, commitments, and covenants therein, are intended to be as broad and inclusive as permitted by the laws of the State of California and agrees that if any provision of this Agreement is deemed invalid, the remainder of this Agreement will continue in full legal force and effect.
CALIFORNIA SECTION 1542: Participant acknowledges that Participant has read and understands Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release ad that if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Participant hereby expressly waives and relinquishes all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims Participant may have against the Released Parties.
REPRESENTATIONS AND WARRANTIES: Participant acknowledges and represents that Participant: (1) is of the age of majority and is freely entering this Agreement, and intends their entering into it to be a complete and unconditional assumption of risk, release of liability, and covenant not to sue, to the greatest extent allowed by law; (2) has read this Agreement and understands that by signing it, Participant is giving up legal rights and remedies; and (3) Participant has obtained all necessarily rights in order to enter into this Agreement on behalf of any third party for whom Participant has procured tickets. Participant understands that Participant is responsible for determining whether participation in the Activities is advisable. In entering into this Agreement, Participant has not relied on any statements or explanations by the Released Parties or any of their representatives.
PARTICIPANT HEALTH PROMISE: Participant agrees, on behalf of Participant and anyone accompanying Participant, that Participant will not attend the Activities if, under the CDC’s guidelines in effect at the time of the Activities, it is recommended that, as of the date of the Activities, Participant stay at home, quarantine and/or isolate (e.g., as a result of testing positive, developing symptoms, or having a direct exposure to someone who has tested positive for COVID-19). Participant is solely responsible for making this determination, and for taking any necessary or advisable precautions – including without limitation obtaining a vaccination and/or booster, or wearing a mask. For reference, the CDC’s current recommendations are available here: https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOU MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT OR OTHER LEGAL PROCEEDING FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY.