In consideration of being permitted to participate in the Home Depot Garden to Grill event (the "Event"), produced by POPSUGAR Inc. (the "Company") for Home Depot (the "Sponsor"), scheduled to be held in Los Angeles, CA on or around May 12, 2018, I, the undersigned, acknowledge and agree as follows:
I represent that I am at least 18 years old.
I am fully aware that the activities in which I choose to participate in connection with the Event may be dangerous activities and contain inherent risks and dangers (including, but not limited to, serious injury or death) that no amount of care, caution, instruction, or expertise can eliminate. I voluntarily and fully accept and assume all of these risks, and I irrevocably consent, without any qualification or reservation whatsoever, to Company and Sponsor causing me to experience the situations, risks, and consequences described above and others of similar or dissimilar nature and acknowledge and agree that the releases (including, without limitation, releases for actionable torts), waivers, and agreements in this Agreement expressly apply to all such risks and consequences.
I represent and warrant that I am in excellent mental and physical health and do not have any physical or mental limitations or any medical conditions that would interfere with my ability to participate in the Event or that would put me or other participants at risk of harm. I willingly agree to comply with Company and Sponsor's rules and other instructions regarding the Event, and all applicable U.S., state and local laws, rules and regulations.
I hereby unconditionally and irrevocably release and forever discharge Company, Sponsor, and each of their respective parent, subsidiary and affiliated entities and each of their respective owners, officers, directors, employees, contractors, agents, volunteers, licensees, representatives, heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors and assigns (collectively, the "Released Parties"), from and against any and all claims, liens, agreements, contracts, actions, suits, costs, attorneys' fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the "Released Claims") arising out of or in connection with my presence, appearance or participation in the Event or activities associated with the Event, whether occurring before, during or after the Event, or Company's or Sponsor's exercise of any rights granted by me in this Agreement, including, without limitation, claims for any injury, illness, damage, loss or harm to me or my property, or my death, or any injury, illness, or disease, or that of any third parties. The Released Claims shall include, but are not limited to, those based on negligence or gross negligence of any of the Released Parties or any of the other participants in or at the Event, wrongful death, personal injury, infliction of emotional distress (both negligent and intentional), products liability, breach of contract, fraud, fraudulent inducement, fraudulent concealment, breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, invasion of privacy, publicity or personality, infringement of copyright, or loss of earnings or potential earnings.
I hereby expressly waive any and all rights and benefits conferred myself by the provisions of Section 1542 of the Civil Code of California Code and of any law, regulation or provision of any code of civil procedure of any other jurisdiction within or outside the United States which is similar, comparable, or equivalent to Section 1542, which provides as follows: "Section 1542: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor."
I also understand that in return for my being able to participate in the Event, I hereby grant to Company, Sponsor and each of their affiliates, and to other such persons as they may designate from time to time, the absolute, irrevocable right and retroactive (if applicable), unrestricted permission to photograph, videotape, and/or record me during the Event (which shall constitute "Recordings"), and to use my name, voice, image, photograph, picture, persona, or other likeness, and any statements, biographical information or other information provided by me (collectively, "my Likeness") in connection therewith, in whole or in part, or distorted in character or form, throughout the world, in perpetuity, for any legal purpose whatsoever, in any and all media now known or hereafter invented, including but not limited to Company and Sponsor's websites, blogs and social networking sites (e.g., Facebook, Instagram, Snapchat, Pinterest, Twitter, YouTube, etc.). The Recordings and all results and proceeds thereof are POPSUGAR's sole and exclusive property. POPSUGAR will exclusively own all rights of every kind throughout the world, in perpetuity and in all languages, pertaining to the Recordings and the Production for all now known and/or hereafter existing uses, media, and forms, including, without limitation, all copyrights (and all extensions and renewals thereof). I hereby waive any rights to inspect and approve the Recordings or their use. I hereby waive any right to royalties or other compensation arising from or related to the use of the Recordings. Nothing herein will constitute any obligation to make any use of any of the rights set forth herein.
This Agreement will be construed according to the laws of the State of California applicable to agreements which are executed and fully performed within said State. I agree to cause anyone to whom I have RSVP'd for to comply with this waiver.
I HAVE READ THIS UNCONDITIONAL WAIVER, FULL GENERAL RELEASE AND ASSUMPTION AND ACKNOWLEDGEMENT OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND AGREE TO THESE TERMS FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, COERCION OR UNDUE INFLUENCE, HAVING THE FULL RIGHT AND POWER TO DO SO.