COMPANY EVENTS RELEASE

 

This Company Events Release (the “Release”) executed by the undersigned (“Participant”) sets forth the conditions by which Participant voluntarily agrees to abide in connection with one or more affiliated Events and activities (collectively, the “Events”) managed by Future of Exclusivity LLC, a California limited liability company (“FOE”), the acceptance of which is a material condition of Participant’s participation in any FOE Events. As such, Participant understands and agrees as follows:

 

Events Dates: February 11, 2023

Events Location: 1188 Roberto Lane, Los Angeles, CA

 

1. Voluntary Participation.  Participant acknowledges that participation in the Events sponsored by FOE is voluntary.  

 

1. Assumption of Risk.  Participant understands and acknowledges that there may be potential risks related to participation in the Events and that the Events may be considered hazardous and/or dangerous.  Participant acknowledges that Participant is voluntarily engaging in such potentially hazardous activities in connection with an Events and assumes all risks, including, without limitation, serious personal injury, illness (including, without limitation, the possibility of contracting COVID-19), and death, known and unknown, in any way connected Participant’s participation in the Events, to Participant and/or Participant’s property, which participation may also involve the risk of severe economic and properly loss and damage. Participant further acknowledges that FOE makes no warranties, guarantees or representations about the Events and/or the safety thereof.  Participant acknowledges that there may be risks involved which are not known to Participant or FOE and may not be foreseen or reasonably foreseeable by any party at this time or at the time of the Events.  Despite knowing these risks, Participant hereby elects to voluntarily participate in the Events.  Participant agrees to and accepts full responsibility for any risk, liability, injury, loss, damage or death in any way connected with participation in the Events and accepts personal responsibility for any injury of any kind or nature that Participant or Participant’s property may suffer arising out of or in connection with the Events. Participant acknowledges that the US government may have designated the location of the Events as a high-risk travel destination and expressly holds FOE harmless for any damages that may occur as a result.

 

1. Alcohol.  Participants twenty-one (21) years of age and/or older may be able to drink alcohol, if allowed by applicable law (collectively “Consumption”) during the Events. Participant agrees that if Participant partakes in Consumption of any kind at any time during the Events, that Participant will do so in moderation.  In addition, Participant agree that Participant assumes any and all risk associated with such Consumption and being in the presence of others who may have consumed the same. Excessive and underage Consumption is not condoned by FOE. No illegal drugs (as defined under applicable law) are permitted at the Events.

 

4.     Release of Liability.

a..  Participant acknowledges and understands that it is of the essence to this Release, and Participant hereby agrees on behalf of Participant, and Participant’s heirs, next of kin, spouse, guardians, legal representatives, employees, executors, administrators, agents, successors and assigns (collectively, the “Releasing Parties”), that Participant and the other Releasing Parties do hereby unconditionally and irrevocably release and forever discharge FOE, their subsidiaries, parents, affiliates, directors, officers, employees, partners, contractors, joint venturers, agents, representatives, volunteers, clients, and insurers, and each of their heirs, successors, and assigns (collectively, the “FOE Parties”), and agrees not to bring any claim against the FOE Parties, from and against any and all claims, demands, 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”) in any way directly or indirectly related to or arising directly or indirectly out of an Events, including, without limitation: 

i.Participant’s participation in the Events, including, without limitation, liability arising from the negligence of FOE Parties, claims for any injury, illness, damage (including, without limitation, property damage), property theft, death, loss or harm to Participant or Participant’s property, or Participant’s death, and any and all claims, demands, damages, costs, expenses and causes of action that Participant and the other Releasing Parties may now have or may hereafter have or suffer due to or in any way arising out of any act or omission of any FOE Party; and/or 

ii.Participant’s own actions and/or the actions of other participants; and/or 

iii.any loss or damage to property of any kind; and/or 

iv.the actions of any third parties.

 

b..  Participant, on behalf of Participant and the Releasing Parties acknowledge that there is a possibility that subsequent to the execution of this Release, Participant or they will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Release was executed, and which if known by Participant or them at that time may have materially affected Participant’s or their decision to execute this Release.  Participant and the other Releasing Parties acknowledge and agree that by reason of this Release, and the releases contained in the herein, Participant, on behalf of Participant and the other Releasing Parties, are assuming any risk of such unknown facts and such unknown and unsuspected claims.  Participant and the other Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code, which provides:

 

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her must have materially affected his or her settlement with the debtor or released party.”

 

Notwithstanding such provisions, this Release shall constitute a full release in accordance with its terms.  Participant and the other Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this Release, and without such waiver Participant would not have been permitted to attend the Events.  Participant, on behalf of Participant and the other Releasing Parties, hereby represent that Participant and they have been advised by their legal counsel, acknowledge and understand the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.

 

Participant acknowledges and agrees this Release is intended to operate and be construed as broadly as possible under applicable law.  Accordingly, to the extent applicable law would limit this Release in any way, or invalidate any provisions hereof, such limitation or invalid provision shall not operate to invalidate this Release in its entirety; rather, this Release shall be deemed to operate and to be effective to the maximum extent permitted by law. 

 

1. Confidential Information. 

   1. Definition. “Confidential Information” means any information, Materials, technical data, trade secrets, or know-how, including but not limited to that which relates to research, plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, images and video, engineering, hardware configuration information, marketing or finances of the FOE Parties, which all shall be deemed as Confidential Information. Participant understands and agrees that the terms and provisions of any of its agreements with the FOE Parties are Confidential Information, including this Release. Confidential Information does not include information, technical data or know how which (i) is in the possession of the Participant at the time this Release is executed, (ii) is approved by FOE, in writing, for release, which approval shall be at the sole discretion of FOE, or (iii) is public information.

 

1. Non-Disclosure. Participant agrees not to use any Confidential Information for any purpose other than in furtherance of and in connection with the Events. Participant will not disclose any Confidential Information of the FOE Parties to any third party or to affiliates of the Participant other than employees or agents under appropriate burden of confidentiality and who are required to have the information in order to carry out the Events. Participant agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the FOE Parties in order to prEvents it from falling into the public domain or the possession of persons other than those persons authorized under this Release to have any such information. Participant agrees to notify FOE in writing of any misuse or misappropriation of Confidential Information of the FOE Parties, which may come to Participant’s attention. 

 

1. Publicity. Participant will not, without prior consent of the FOE Parties, disclose to any other person (except as otherwise provided in this Release), the fact that Confidential Information of the FOE Parties has been disclosed in connection with the Events, or any of the terms, conditions, status or other facts of this Release, except as required by law and then only with prior notice as soon as possible to FOE.

 

1. Warranties; Indemnity:  Participant represents and warrants that: (i) Participant is twenty-one (21) years of age or older and has full power to agree to this Release and grant all rights granted to FOE hereunder; (ii) Participant has read and understood, and will abide by all terms this Release; and (iii) Participant is not subject to any conflicting agreement or obligation that would or might prohibit or restrain Participant’s performance hereunder or FOE’s full enjoyment of all rights granted to FOE hereunder.  Participant shall indemnify, defend, and hold harmless FOE and the FOE Parties from and against any and all liability, damages, costs, and expenses (including reasonable attorneys’ fees) in connection with any claim or action arising out of any breach of Participant’s representations, warranties, or agreements herein; by FOE’s exploitation of the Materials pursuant to this Release; or any harm that Participant may incur as a result of participation in the Events.  This section will survive any termination of this Release.

 

1. No Equitable Relief: In the Events of a breach of this Release, Participant’s remedies shall be limited solely to seek an action at law for monetary damages actually suffered, if any. In no Events shall Participant be entitled to terminate or rescind this Release or any of the rights granted to FOE hereunder, or to seek or obtain injunctive or equitable relief, or otherwise interfere with the use and enjoyment of the rights granted to FOE hereunder. FOE has no obligation to produce or distribute and/or use the Materials therein, and Participant will not be entitled to any damages as a result of any such failure to produce or distribute any Materials.

 

1. Assignment: FOE may assign, transfer, or license this Release and its rights hereunder, in whole or in part, at any time, to any person or entity, and this Release and/or such rights will inure to the benefit of FOE, its successors, licensees, or assigns, and to any distributor(s), licensees, and exhibitors.  As this Release is personal in nature, Participant shall not be permitted to assign, transfer, and/or license this Release, in whole or in part, to any third party, and any such attempted assignment, transfer, and/or license shall be deemed void.

 

1. Governing Law; Venue: This Release shall be governed by and construed and enforced in accordance with the laws of California without regard to its rules on conflict of laws or any other rules that would result in the application of a different body of law. All disputes arising in connection with this Release shall be subject to the sole and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles, California.

 

1. Entire Agreement; Severability; Further Assurances. 

   1. This Release contains the entire understanding of the parties as it pertains to the Events and supersedes all prior written or oral understandings relating to the Events and may not be revised or amended except by a writing signed by both of the parties.  

 

1. If any part of this Release is found to be void by law, the remaining provisions of this Release will nevertheless be binding with the same effect as though the void portions were deleted.  Such void sections shall be modified to the limited extent to enable them to comply with applicable law. 

 

Participant’s entry into the property 1188 Roberto Lane, Los Angeles, CA 90077 on February 11, 2024 will constitute Participant’s agreement with this Release