Consent (Required) I agree
PARTICIPATION WAIVER AND RELEASE *
IN CONSIDERATION of the undersigned participant (“Participant”) being allowed to participate in the various Hugs Cafe Inc events (“Hugs Events”), and understanding and acknowledging that Hugs Cafe Inc, a registered 501(c), and the minor, the parent(s) and or legal guardian(s) of the Participant, jointly and severally, and intending to legally bind ourselves, and on behalf of our respective spouses, ex-spouses, grandparents, family members, guardians, heirs, executors, personal and legal representatives, estates, beneficiaries, administrators, successors and assigns (all of the foregoing, collectively the “Releasors”), do hereby waive, release and discharge, and covenant not to sue, Hugs Cafe Inc, their owners, lessees and/or managers of any facilities used for Hugs Events, all Hugs Events sponsors, advertisers, officials, and all of their respective affiliates, officers, directors, trustees, shareholders, members, managers, partners, employees, members, staff, volunteers, agents, contractors and supervisors and their successors and assigns or their respective affiliates, officers, directors, trustees, shareholders, members, managers, partners, employees, members, staff, volunteers, agents, contractors and supervisors and their successors and assigns (collectively, the “Releasees”) from any and all liability and/or claims, causes of action, suits, liabilities, negligence, damages, personal or bodily injury, disability, death, property damage, loss of consortium, costs and expenses whatsoever, whether arising at law or in equity, and whether arising before, during or after any Hugs Events (including, without limitation, Participant’s travel to and from Hugs Events), and whether caused by the sole or joint negligence or tortious act or omission of the Releasees or any third party (collectively, the “Claims”). The Releasors hereby agree to indemnify and hold the Releasees harmless from all such Claims. The Releasors acknowledge that the terms of this Release and Waiver are contractual and not a mere recital. The Releasors hereby knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule or common law which may limit the scope of the covenants and releases contained herein. IN THE EVENT THAT THIS WAIVER AND RELEASE IS FOUND TO BE INVALID, UNENFORCEABLE OR VOID, IN WHOLE OR IN PART, FOR ANY REASON WHATSOEVER, THEN THE RELEASORS ACKNOWLEDGE AND AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASEES, OR ANY OF THEM, SHALL THE RELEASEES’ AGGREGATE LIABILITY TO RELEASORS OR ANY OTHER PERSON EXCEED ANY AVAILABLE INSURANCE PROCEEDS, AND IN NO EVENT SHALL RELEASEES, OR ANY OF THEM BE LIABLE TO ANY PERSON FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY INDIRECT DAMAGES SUCH AS, BUT NOT LIMITED TO, EXEMPLARY DAMAGES OR LOST PROFITS, LOST REVENUES OR LOSS OF CONSORTIUM OR COMPANIONSHIP (EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED UPON STATUTE, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. The Releasors are aware of, and understand fully, the potential risks involved in connection with participation in Hugs Events and that there are inherent and unavoidable risks in participating and, although Hugs Cafe Inc. generally takes certain precautions for the safety of persons and property in connection with Hugs Events, events may and do occur that are beyond the reasonable control of Hugs Cafe Inc. Releasors assume full, sole and complete responsibility for, and risks of, death, personal or bodily injury, disability and/or property damage resulting from, in connection with, or in any way related to, Participant’s participation in Hugs Events. By their execution below, understanding that the Releasees are relying hereon in allowing Participant to participate in Hugs Events, the Releasors hereby represent and warrant to the Releasees, that (i) Participant’s spouse, if any, or if Participant is a minor, all of Participant’s living parents and/or legal guardian(s), as applicable, have duly signed this Release and Waiver, and (ii) Participant has no medical condition (physical or mental) which would or could impact on the Releasees allowing Participant to participate in Hugs Events; and (iii) the Participant is not taking any herbal or medicinal supplement or prescription that could impact on Participant’s participation in Hugs Events. Furthermore, the Releasors acknowledge that the Releasors have received the opportunity (and been strongly encouraged) to review this Release and Waiver, that the Releasors have carefully read and fully understand the contents of this Release and Waiver and have asked and received answers to all questions he/she/they may have, and that the Releasors have duly executed this Release and Waiver freely and voluntarily, intending and agreeing to be fully bound by the terms hereof. The Releasors hereby grant full consent to Hugs Cafe Inc. for the free use of the Participant’s picture, voice, likeness or name in any broadcast, telecast, print media, promotion or other on account of any of Hugs Events for any purpose whatsoever, without compensation. By entering the event premises, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, webcasts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Hugs Cafe Inc and its affiliates and representatives. Images, photos and/or videos may be used to promote similar Hugs events in the future, highlight the event and exhibit the capabilities of Hugs Cafe Inc. You release Hugs Cafe Inc, its officers, and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or sound recordings. You have been fully informed of your consent, waiver of liability, and release before entering the Hugs event.