THE TERMS, MEDIA WAIVER, AND RELEASE OF LIABILITY (“Release”) is executed by the undersigned individual (“Participant,” “I”, “me” or “my”) in consideration of participation in the Sorbailee Tasting Tour and other events (“Event,” “Tour,””Social”) as arranged and/or organized by The Maurice Chrishon Group, owner of the Sorbailee brand and an Ohio Limited Liability Company (“Company”) (each a “Party” and collectively the “Parties”). In connection with the Event, the Activities and the Services (as further defined herein), I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns and agree as follows:
Unless otherwise explicitly express, your registration and this agreement covers participation for one (1) attendee. If you’d like to invite a guest to join you, they must sign up separately. Space is limited per time slot, therefore, based on when your guest signs up, we cannot guarantee that you all be able to participate in the same Event time slot.
Attendees must be 18 or older. Guests under 21 will not be permitted to sample our alcohol infused flavors. IDs will be required.
PHOTO AND VIDEO RELEASE FORM. I hereby grant the Company and their respective representatives and sponsors, brand partner(s) and successors the irrevocable and unrestricted universal right and permission to release and publish my image(s) and video(s) in conjunction with my participation in the Event. I agree that the pictures and videos (collectively, the “Content”) are owned by the Company and I am owed no compensation for the use of the Content. The parties hereby release, discharge and agree to hold harmless each other, their respective agents, employees, and representatives acting on either’s permission or authority, including without limitation any claims.
ACTIVITIES RELEASE. I intend to participate in the Event which may include a variety of activities including, but not limited to, Sorbailee flavor sampling, eating, drinking, and related activities (collectively, the “Activities”). I understand that participating in the Activities is potentially hazardous and involves a risk of injury and even death due to allergies or other seen or unforseen participation hazzards.
I agree that I am voluntarily participating in the Event and the Activities, and as such I ASSUME ALL RISK OF INJURY, ILLNESS, DEATH, DAMAGES OR LOSS TO ME OR MY PROPERTY THAT MIGHT RESULT, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR THEFT OF ANY PERSONAL PROPERTY. LIABILITY RELEASE AND INDEMNITY.
I agree, on behalf of myself and my personal representatives, heirs, executors, administrators, agents, and assigns to RELEASE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE, the Company, its partners, the facility on whose premises the Activities will occur, and Company’s respective officers, directors, managers, partners, agents, employees, stockholders, representatives, members and vendors and each of their respective related, affiliated and subsidiary companies, successors, licensees, and assigns (each a “Releasee” and hereinafter collectively “Releasees”) for any and all claims or causes of action (known or unknown), including, but not limited to, any liability, whether based on ordinary or gross negligence, contract, tort, statute or otherwise, for any claim, judgment, loss, liability, cost and expenses (including, without limitations, attorney’s fees and costs) relating to, arising out of or connected in any way with my participation in the Event or Activities including, but not limited to, any and all services, instruction, training, products, or other interaction I have with the Company or any of the Releasees (collectively, the “Services”), including but not limited to any claim arising out of or connected in any way with:
(i) any illness or injury that I may incur or sustain during or that may in any way arise in connection with the Services (whether or not at the Event and whether or not relating to any new or pre-existing condition, disclosed or undisclosed),
(ii) if pregnant, any complications in my pregnancy or effect on my child (before or after birth) that I may incur or sustain during or that may in any way arise in connection with the Services (whether or not at the Event and whether or not relating to any new or preexisting condition, disclosed or undisclosed),
(iii) any act or omission of any kind or character (whether negligent, grossly negligent, tortious or otherwise) of any employee, consultant, other independent contractor or other representative the Company or any of the Releasees (whether at the Event, in connection with the Services, or otherwise) and
(iv) any and all activities associated or connected in any way with the Services and while traveling to and from the Event, in each of the foregoing cases whether or not the Services are actually rendered in full or in part. I further expressly agree to indemnify and hold harmless the Company, Releasees and Releasees’ members, managers, principals, officers, directors, successors, assigns, executors and administrators against loss from any claims, demands or actions that may subsequently be brought by me or by any other persons on the account of damages, costs, expenses, liabilities or other losses of any character resulting to me in any way from, in connection with, or as a consequence of, any and all activities associated or connected in any way with the Services and while traveling to and from the Event, in each of the foregoing cases whether or not the Services are actually rendered in full or in part.
I further agree to reimburse and to make good to Releasees any loss, damages, or costs Releasees may have to pay as a result of any such action, claim, or demand, including but not limited to attorneys’ fees. I understand that the foregoing waivers and indemnities are a material inducement to the Company to allow me to receive the Services and/or participate in the Event and the Activities, that the Company is expressly relying on such waivers and indemnities in allowing me to participate in the Event and Activities and receive the Services, and that, but for such waivers and indemnities, I would not be permitted to receive the Services or participate in the Event or the Activities.
I acknowledge and agree that participating in and attending the Event subjects me to the risk of physical illness or injury (minimal, serious, catastrophic and/or death) and that I acknowledge that I am assuming the entire risk of such illness or injury by attending the Event and participating in the Activities.
MEDICAL RELEASE. In the event of such illness or injury, I authorize the Company and any of the participants to obtain necessary medical treatment for me and hereby release and hold harmless the Company, their staff, and event participants when exercising this authority. I further acknowledge and understand that I will be responsible for any and all medical and related bills that may be incurred by me for any illness or injury that I may sustain in connection with the Event or products and while traveling to and from the location for the Event whether or not services are actually rendered and will be required to Indemnify all of the Releasees as set forth in this Release.
Event Policies and Procedures. Unless specified otherwise, all Events require pre-registration by the deadline provided. There are NO refunds for Events.
Event Attendance Policy. Attendees must arrive 10 minutes prior to the start of the Event, as the Event will begin at the time scheduled. Late arrivals may miss opportunities to participate in all Activities and the Company will have not requirement to deliver missed Activities to participants who do not arrive on time.
Sorbailee Samples. Attendees will have the option to sample a predetermined amount of Sorbailee flavors, as curated by the Company. Samples will be prepackaged. Samples are NOT for sale and are an optional aspect of the Event – meaning you don’t have to partake in sampling Sorbailee flavors.
COVID-19 Acknowledgment: I hereby acknowledge that I have not come into contact with anyone who has tested positive for COVID-19 in the last 14 days or been requested to quarantine or self-isolate. No one in my household is awaiting results from or has tested positive for COVID-19 in the past 10 days. I am not experiencing any symptoms of COVID-19, including headache, nausea, cough, runny nose, flu-like symptoms, or loss of taste or smell.
If this acknowledgment changes due to you having come in contact with Covid-19, it will be your responsibility to notify the Company, and make arrangements to reschedule or cancel participation in the Event.
Knowingly attending the Event after coming in contact with Covid-19 will subject you to liability.
In submitting the registration for this event, you acknowledge that you have read and fully understand these terms and agree to abide by them.