RELEASE OF LIABILITY, VOLUNTARY ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
I hereby enter this RELEASE OF LIABILITY, VOLUNTARY ASSUMPTION OF THE RISK AND INDEMNITY AGREEMENT (“Agreement”) with Elysian Brewing (“Company”) to RELEASE Company, Company’s wholesalers, and their respective corporate parents, related and affiliated entities, subsidiaries, directors, officers, shareholders, insurers, employees and agents (collectively, the “Released Parties”) with regard to my opportunity to participate in the Scary Good Delivery on October 27th and 28th 2021 in Washington state (hereinafter “the Event”).
I recognize that the Event poses known and unknown risks of serious personal injury, death and/or damage to or loss of property, including but not limited to, exposure to and infection with COVID-19. I have voluntarily agreed to participate in the Event despite the recognized and inherent dangers existing and despite the known and unknown risks of serious personal injury, death and/or damage to or loss of real or personal property. I further acknowledge that through this Agreement I have been fully and adequately warned of the risks. Finally, I agree to follow all Event rules and protocols related to COVID-19, even when the rules and protocols exceed minimum requirements under federal, state, and local law. I acknowledge that the Event organizer can prohibit my attendance at the Event, or remove me from the Event premises at any time, if I fail to adhere to all Event rules and protocols.
THEREFORE, in consideration of being permitted to participate in the Event, I expressly and freely agree:
1. To voluntarily ASSUME ALL RISKS of serious personal injury, death and/or damage to or loss of real or personal property arising from or related to the Event.
2. To RELEASE, WAIVE and FOREVER DISCHARGE any and all claims, losses, demands, damages, costs, expenses, lawsuits, causes of action and judgments that I now or hereafter may have or claim to have against the Released Parties resulting from, arising out of or in any way related to the Event, including but not limited to, any claims for personal injuries, including death, and/or damage to or loss of real or personal property, whether caused in whole or in part by the NEGLIGENCE and/or FAULT of the Released Parties (other than for intentional torts or gross negligence) or any entity or person(s) hired to perform any function with respect to the Event.
3. To INDEMNIFY, DEFEND AND HOLD HARMLESS the Released Parties from and against any and all damages, claims, costs, expenses (including attorneys’ fees), lawsuits, or causes of action, whether foreseen or unforeseen, present or future, known or unknown, that I or my personal representatives, family members, heirs, next of kin, executors, successors, administrators, beneficiaries, assigns or insurer may have or assert or incur, related in any way to the Event, whether caused in whole or in part by the NEGLIGENCE AND/OR FAULT OF THE RELEASED PARTIES (other than for intentional torts or gross negligence) or any entity or person(s) hired to perform any function with respect to the Event.
4. That the Released Parties have PERMISSION TO PHOTOGRAPH, LIVE STREAM, AND/OR VIDEOTAPE ME AND MY IMAGE, NAME, AND/OR LIKENESS AT THE EVENT. All photographs, video tapes, digital recordings, and/or audio tapes taken or recorded by me, or of me or my image, name and/or likeness, by the Released Parties (“Content”) in connection with the Event shall be the exclusive property of the Released Parties, and I CONSENT to such Content being published, displayed, live streamed, posted and reposted, broadcasted, shared and liked, publicly performed or televised, exhibited, modified, altered, exploited, sold, copyrighted, assigned and/or used in any manner whatsoever (including but not limited to on the internet and/or on any social and digital media platforms, Event recaps, and any other advertising or marketing purposes) by the Released Parties, throughout the world, without further consent from or compensation to me and without prior examination or approval by me.
5. To forever RELEASE the Released Parties from any and all claims, actions, suits, cost, expenses and other liability related to the use of any photographs, live streaming, or videotapes or other content that contains my name, image or likeness, including, without limitation, any intellectual property claims based on copyright infringement, libel, the right of publicity, the right of privacy or the commercial appropriation or use of name or likeness.
6. That I am currently 21 years old or older at the time of signing this Agreement and have the right to contract in my own name.
7. That I am in good health and have no physical condition that would or should prevent me from participating in the Event.
8. This Agreement shall be interpreted in accordance with the laws of the State of Washington. I agree that any dispute regarding the enforceability of this Agreement shall be filed in the courts of the State of Washington, and shall not be transferred to any other state. This Agreement is intended to be as broad and inclusive as permitted by law, and if any provision hereof is held invalid, the remaining provision shall continue in full legal force and effect.
9. This Agreement is not intended to release the Released Parties from any conditions or activities that, as a matter of law, cannot be avoided, waived or released and no provision of this Agreement should be interpreted as such.
This Agreement shall be binding on my personal representatives, family members, heirs, next of kin, executors, administrators, successors, assigns, beneficiaries, and insurers.
I HAVE READ AND FULLY UNDERSTAND THE FOREGOING AGREEMENT. I UNDERSTAND I AM GIVING UP SUBSTANTIAL RIGHTS BY CLICKING AGREE AND I ACCEPT ITS TERMS AND AGREE TO IT VOLUNTARILY.