RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
I, the undersigned, am an adult twenty-one (21) years or older and desire to participate in “MXXN Launch” (the “Event”) on September 14 and September 16, 2021 sponsored by MXXN Inc., a Delaware Corporation (the “Company”). In consideration for my ability to participate in the Event, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, for myself, and on behalf of my personal representatives, heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (“Releasing Party”), agree as follows:
WAIVER AND PHOTO RELEASE
- The Releasing Party hereby acknowledges that participation in the Event may include, but is not limited to, the consumption of cannabis infused into food or drink. The Event is an invite only private event and Releasing Party acknowledges that while cannabis may be present at the event, Company shall conduct no sales at the event and the Private Event is not a cannabis event under Applicable Law. The risks of participating include, but are not limited to, the possibility of adverse health effects, death, and serious bodily injury. Releasing Party expressly acknowledge that Released Party (as hereinafter defined) is under no duty to provide rescue operations, but, in the event rescue operations are provided, Releasing Party further acknowledges that injuries may be caused, compounded or aggravated by negligent rescue operations or procedures undertaken by Released Party, its agents or affiliates. Releasing Party willingly and voluntarily agrees to accept all risks associated with the Event and agrees to be bound by all provisions of this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”).
- To the maximum extent permitted by applicable law, Releasing Party hereby releases, waives, forever discharges, agrees to hold harmless, and covenants not to sue Company, including without limitation, its owners, officers, subsidiaries, licensees, successors and assigns, independent contractors, investors, directors, members, employees, agents, current and future sponsors, suppliers, attorneys, and affiliated organizations and entities of each of the foregoing and any other persons assisting or participating in the Event (collectively the “Released Party”), from any and all liability of whatever kind or nature, in law, equity or otherwise, whether known or unknown, suspected or unsuspected, for any and all future loss or damage, and any claims, liens, demands, causes of action, debts, liabilities, costs and expenses, including court costs and attorneys’ fees, suits or judgments therefrom (collectively “Liability”) on account of any personal injury, adverse health effects, injury to property, death, or any legal theory whatsoever.
- Releasing Party acknowledges that this waiver and release is intended to be as complete a waiver and release of any responsibility and liability of Released Party as allowed by California law. Releasing Party agrees that in no event will Releasing Party have the right to seek an injunction or other equitable relief or to otherwise prevent the full exploitation of the Event and/or any of the rights granted hereunder.
- Releasing Party grants and assigns a worldwide perpetual irrevocable right to take photos, video, and digital images at the Event and to reproduce, distribute, display, and create derivative works for editorial, trade, advertising, publicity, promotional, or any other commercial purpose and in any manner and medium, including print, electronic, and internet promotion, all to the Released Party. Releasing Party makes this grant understanding that no compensation will be paid. All right, title and interest, including copyrights, in the materials created by Company pursuant to this agreement are the exclusive property of Company and Releasing Party obtains no rights in such materials. Releasing Party understands that Company is not actually required to use Releasing Party’s photograph or likeness in any way. Releasing Party waives any right to inspect or approve any photograph, likeness, or derivative work thereof made pursuant to this agreement. Releasing Party releases all such rights related to images, video and digital images from the Event, and holds harmless Company, its agents, licensees, and assignees from, and will neither sue nor bring any proceeding against, any such parties for any liability, whether now known or arising hereafter, resulting from or arising in connection with the exercise of such parties’ rights pursuant to this agreement.
ASSUMPTION OF RISK
- Releasing Party hereby unconditionally and expressly assumes full responsibility for any risks, known or unknown, of bodily injury, adverse health effects, death or property damage arising out of or related to the Event and/or Releasing Party’s participation in the Event, including any and all travel, lodging, and transportation taken by Releasing Party in connection with the Event. In addition, Releasing Party hereby unconditionally and expressly assumes, acknowledges, and accepts all responsibilities and risks arising out of or related to the acts or omissions or potential negligence of the Released Party in creation, use, development, and implementation of the Event or enforcement of any procedures or decisions or negligent operation and management by the Released Party of the Event. Releasing Party is voluntarily participating in the Event and related activities, and Releasing Party understands and acknowledges that Releasing Party can discontinue Releasing Party’s participation at any time. However, should Releasing Party discontinue Releasing Party’s participation, such discontinuation shall not affect the enforcement of this Agreement.
- Releasing Party hereby agrees to indemnify and save and hold harmless the Released Party and each of them from all Liability Released Party may incur due to claims, demands, damages or causes of action of any kind brought by Releasing Party, anyone on behalf of the Releasing Party, or brought by a third party against the Released Party on account of any injury, including but not limited to, death, bodily injury, adverse health effects or damage to property, caused or alleged to be caused in whole or in part by any intentional or negligent actions of Releasing Party arising from or related in any way to the Event; Releasing Party’s participation in the Event; or any misrepresentation contained in Section 6, below.
REPRESENTATIONS AND WARRANTIES
- Releasing Party hereby represent and warrant as follows: (a) If Releasing Party consumed cannabis before, Releasing Party has never had any adverse effects; (b) Releasing Party is aware that cannabis is a Schedule 1 controlled substances under the Controlled Substances Act and its use, sale, and possession are illegal under Federal Law even though California has legalized and regulated cannabis use and sale for adults 21 and older; (c) Company will make lodging availability suggestions upon request, which would be available to me at my sole cost and expense, and has highly encouraged me to utilize such lodging after the Event; (d) driving a motor vehicle under the influence of cannabis is illegal under California law; (e) cannabis impairs a driver’s ability to drive, which can result in serious bodily injury, property damage, or death; (f) Company prohibits Releasing Party from driving after the Event and if Releasing Party chooses not to take advantage of the lodging suggestion being offered, Releasing Party will coordinate to be driven home; and (g) Releasing Party is physically and mentally capable of participating in the Event, and is not aware of any health conditions that would be complicated by my consumption of cannabis.
- Releasing Party acknowledges that there is a possibility that after the execution of this agreement, Releasing Party may discover facts or incur or suffer claims that were unknown or unsuspected at the time Releasing Party executed this Agreement, and which, if known by Releasing Party at that time, may have materially affected Releasing Party’s decision to execute this Agreement. Releasing Party acknowledges and agrees that by reason of this Agreement and the releases, waivers, assumptions, and indemnities contained herein, Releasing Party has assumed any risk of such unknown facts and such unknown and unsuspected claims.
- Releasing Party hereby agrees if any portion of this Agreement is held to be invalid or overly broad, the entire agreement will not be invalidated; rather, the Agreement will be deemed modified so as to be applied to the fullest extent permitted by applicable law. That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy.
- Releasing Party further agrees and understands that this Agreement shall be deemed entered in Alameda County, California, and that it shall be governed by and interpreted under the laws of California. Releasing Party consents to the jurisdiction and venue of Alameda County, California for any disputes that arise out of or in connection with this Agreement.