Release & Waiver of Liability Agreement
THIS WAIVER, LICENSE AND RELEASE (the "Release") is hereby executed on the date of registration completion by participant or registrant (the "Registrant") in favor Nerysta Anastone LLC, its affiliated divisions and entities, including in each case, without limitation, its directors, officers, employees, volunteers, and agents. The Registrant desires to engage in certain activities and/or events with Nerysta Anastone LLC’s event (the "Activities"), and understands that his/her participation in these Activities is given freely, voluntarily, and without influence from anyone or duress of any kind, and, accordingly, Registrant executes this Release and consents and agrees to each of the following:
WAIVER AND RELEASE. THE UNDERSIGNED PARTICIPANT HEREBY WAIVES, RELEASES AND FOREVER DISCHARGES ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST NERYSTA ANASTONE LLC, INCLUDING ITS SUCCESSORS AND ASSIGNS, EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE, FAULT OR MISCONDUCT OF ANY KIND FOR DAMAGES OR CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO DEATH, BODILY OR PERSONAL INJURY, ILLNESS INCLUDING COVID-19, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH PARTICIPANT, HIS/HER HEIRS, publication of Registrant's likeness, including, without limitation, claims for libel or invasion of privacy.
Registrant recognizes that there are foreseeable and unforeseeable risks and hazards directly or inherently involved in Registrant's participation in this event and that the event sponsors have no control over such dangers and they make no representations of safety. Registrant further acknowledges that Registrant has full knowledge of the facts and circumstances associated with Registrant's participation in this event. If Registrant chooses to participate in this event, Registrant voluntarily assumes all responsibility and risk, including but not limited to all risk of loss of limb or life; physical and emotional injuries; serious illness such as infectious and non-infectious diseases and/or conditions arising from Registrant's participation in this event or associated with developing or pre-existing conditions, accidents, property damage, injury to others, and other hazards.
In consideration of being permitted to participate in this event, Registrant agree to follow the reasonable guidelines set forth by the event sponsors for the duration of the activity; to be fully responsible for Registrant's conduct; and to act at all times in a manner which does not jeopardize the safety of myself or other persons. Registrant also states that during this event if Registrant is unable to act on his own behalf, Registrant hereby authorizes the event sponsors to take any and all action on Registrant's behalf as reasonably necessary. Registrant hereby certifies that, with or without accommodation, Registrant have no health-related reasons or problems that preclude or restrict Registrant's participation in this event. Registrant hereby consent to first aid, emergency medical care, and, if necessary, admission to an accredited hospital for executing such care or treatment for injuries that Registrantmay sustain while participating in any activity associated with this event.
Registrant states that Registrant is fully competent to sign this Release and Registrant voluntarily executes this document after carefully reading its terms and with full knowledge of the contents and consequences stated herein, and that Registrant's signature has not been obtained under duress or coercion. Registrant acknowledges that prior to signing this Release, Registrant has the right to consult with an advisor or attorney of the Registrant's choice.
THE FOLLOWING MUST ALSO BE COMPLETED BY PARENT OR GUARDIAN IF PARTICIPANT IS A MINOR CHILD UNDER 18 YEARS OF AGE:
In consideration of the minor child's (under 18 years of age) (Minor Registrant) participation in the Activities, the undersigned, in his/her capacity as Minor Registrant's parent or guardian, hereby: (a) gives permission for the Minor Registrant, who is the undersigned’s child or ward, to participate voluntarily in the Activities and/or perform the Activities referenced in the Release, and (b) understands that this Release forever releases, waives and discharges any and all liability, claims, and demands of whatever kind or nature against Nerysta Anastone LLC, including Nerysta Anastone LLC's successors and assigns, either in law or in equity, to the fullest extent permissible by law, including but not limited to the negligence, fault or misconduct of any kind on the part of Nerysta Anastone LLC for damages or causes of action, including but not limited to death, bodily or personal injury, illness, economic loss or out of pocket expenses, or loss or damage to property, which Minor Registrant, his/her heirs, assignees, next of kin and/or legally appointed or designated representatives, may have or which may hereinafter accrue on their behalf, which arise or may hereafter arise from the performance of Minor Registrant's Activities and/or his/her participation in the Activities.
Registrant also acknowledge reading and understanding all of the terms and conditions set forth in the Release signed by the Registrant's child or ward, and consent and agree to each and every term and condition contained in the Release.
ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON THEIR BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM THE PERFORMANCE OF PARTICIPANT'S ACTIVITIES AND/OR PARTICIPATION WITH Nerysta Anastone LLC ACTIVITIES.
LICENSE. Registrant does hereby grant and convey unto Nerysta Anastone LLC a non-exclusive, non-transferable, non-assignable, royalty-free right and license to any and all photographic images and video or audio recordings made by the Registrant during the Registrant's Activities, limited to Nerysta Anastone LLC’s use for marketing purposes through its social media and other marketing channels.
IMAGE RELEASE. Registrant does hereby grant and convey unto Nerysta Anastone LLC all right, title, and interest in any and all photographic images and video or audio recordings made by Nerysta Anastone LLC during the Activities, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings, and Registrant hereby releases, discharges and agrees to hold harmless Nerysta Anastone LLC, its legal representatives or assigns, and all persons acting under its permission or upon its authority or for whom it is acting, from any liability by virtue of any signing and dating on the lines below, and completing this registration does prove that you are consenting to the waiver & release of certain legal rights as set forth in this Release and Waiver of Liability agreement.