Release and Indemnity Agreement
This RELEASE AND INDEMNITY AGREEMENT (“Release”) is made to release and indemnify sidebarre, LLC, d/b/a sidebarredc, a District of Columbia and Maryland limited liability company, and all of its respective members, employees, heirs, successors, agents, contractors and assigns and to release and indemnify Diageo Americas, Inc. (DIAGEO) a Delaware corporation and all of its respective subsidiaries, parents, affiliates and agencies, and the officers, directors, employees and agents of all such entities (sidebarre and DIAGEO together are referred to as the “Released Parties”).
The undersigned, on his/her own behalf (the person engaged in the activities with the Released Parties shall be referred to hereafter as the “Participant”), and on behalf of the undersigned’s heirs, successors, representatives and assigns (singularly and collectively the “Releasing Parties”), hereby grants the Released Parties this full release and indemnification as consideration in exchange for permitting Participant to participate in this exercise program or any other activity associated with or through the Released Parties.
Participant is entering into this Release after having viewed or having the opportunity to view the studio and instructors’ qualifications and having had the opportunity to ask questions regarding the services and risks associated with this exercise program. Participant further acknowledges that his/her participation in the activity is voluntary with full knowledge, understanding and appreciation of the risks inherent in any physical exercise and expressly assumes all risk of injury and even death, which could occur by reason of Participant’s participation.
Despite all known and unknown risks, including but not limited to bodily injury (including death) and property loss or damage, the undersigned, on behalf of the Releasing Parties, hereby releases, waives acquits, and forever discharges any and all known or unknown claims, demands, causes of action, damages, losses, and expenses that the Releasing Parties may ever have or have had against the Released Parties arising out of Participant’s participation in any activity or exercise program offered by the Released Parties or the use of any equipment at a location owned, leased or used by the Released Parties, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Released Parties or any third party.
By signing, Participant acknowledges and agrees that Participant should consult a medical practitioner prior to participating in any activities with sidebarre , especially if Participant has or has had, or develops a serious health condition, including by not limited to stroke, lupus, hernia, numbness in the extremities, orthopedic condition, heart condition, asthma, breathing problems, faintness, dizziness, loss of balance, recent injury/surgery/concussion, or current pregnancy.
The Releasing Parties further agree to indemnify, defend and hold harmless, the Released Parties from any and all claims arising out of the Participant’s participation in any activity or exercise program offered by the Released Parties.
Participant hereby permits the Released Parties to use, without compensation or royalties, Participant’s name, images, likeness and/or video of Participant as a program participant, edited or altered as the Released Parties see fit, together with any other materials, in any manner online and via social media and in any internal or external promotional materials, anywhere in the world, in perpetuity, including, without limitation, for the purposes of advertising the SMIRNOFF and SMIRNOFF ICE brand of products. All such materials are deemed property of the Released Parties and Participant agrees that Participant shall have no right to approve the materials and no claim arising out of any use of the materials.
Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by applicable law. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible. Furthermore, any dispute arising out of this Release shall be subject to binding arbitration.
Participant further affirms and acknowledges that Participant is 21 years of age or older.
PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTANDS AND VOLUNTARILY AGREES TO THE TERMS SET FORTH IN THIS RELEASE AND INDEMNITY AGREEMENT.