LIABILITY WAIVER AND IMAGE RELEASE AGREEMENT Waiver of Liability; Indemnity: I understand and acknowledge that the labs, workshops, and other experiences offered by Urthy Scents, LLC (“Urthy Scents”) may involve inherent risks, dangers, and hazards which may result in injury, illness, or allergic reaction, and I fully assume those risks. In consideration for being permitted to attend and participate in these events, I hereby release Urthy Scents and each of its past, present, and future successors, assigns, directors, officers, members, managers, employees, contractors, agents, representatives, and other personnel (collectively, the "Additional Released Parties") of and from any and all claims, liabilities, causes of action, charges, complaints, suits, obligations, costs, losses, damages, rights, judgments, attorneys’ fees, expenses, and all other legal responsibilities, including, without limitation, those for or relating to: - Economic loss
- Property damage (including damage to personal items such as clothing, accessories, or electronic devices)
- Personal, bodily, or mental injury, or illness
- Allergic or adverse reactions to any products, ingredients, or materials used, applied, or provided during the lab or thereafter
that in any way relate to, result from, or arise out of my participation in any lab or other experience offered by Urthy Scents. This waiver applies regardless of whether product use occurs on-site or off-site. To the maximum extent permitted by law, I agree that neither Urthy Scents nor the Additional Released Parties will be liable to me under any cause of action, whether in contract, tort, or otherwise, for any indirect, special, incidental, consequential, or punitive damages arising from or related to participation. I agree to defend and indemnify Urthy Scents and the Additional Released Parties from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, including attorneys’ fees, that relate to, result from, or arise out of my participation. Image and Likeness Release: I authorize Urthy Scents to photograph, film, or otherwise capture my image and likeness during any lab or event. I understand and agree that Urthy Scents will own such media and may, without restriction or compensation, use, display, distribute, publish, edit, crop, reproduce, and create derivative works from such images and recordings in any lawful manner, including but not limited to marketing, social media, promotional materials, or advertising, in perpetuity and throughout the world. I waive any right to inspect or approve any final product or media in which my likeness appears and release Urthy Scents from any liability related to such usage. Minors: If the participant is under 18 years of age, a parent or legal guardian must sign this agreement on behalf of the participant. By signing, the parent or guardian acknowledges and agrees to all terms and conditions of this agreement and voluntarily waives any and all claims the minor may have against Urthy Scents and the Additional Released Parties, to the fullest extent allowed by law.
Agreement Required: I understand that my agreement to the terms herein is a requirement for my participation in any lab, workshop or experience offered by Urthy Scents and agree that the terms of this agreement shall apply to my participation in all workshops offered by Urthy Scents, including future workshops. Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law rules. Dispute Resolution; Class Action Waiver; Jury Waiver: I agree that all controversies, disputes, or claims that in any way relate to, result from, or arise out of my participation in any workshop offered by Urthy Scents, this agreement, or the validity of this agreement must be submitted for binding arbitration to the American Arbitration Association (“AAA”) (or its successor). The arbitration proceedings will be conducted by one arbitrator and according to the then-current commercial arbitration rules of AAA. All questions of arbitrability shall be determined by the arbitrator. All proceedings will be conducted at a suitable location chosen by the arbitrator in the Atlanta, Georgia metropolitan area. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). Judgment upon the arbitrator’s award may be entered in any court of competent jurisdiction. I agree that any arbitration under this agreement will be conducted on an individual basis and may not be: (i) conducted on a class-wide basis; (ii) commenced, conducted, or consolidated with any other arbitration proceeding; or (iii) joined with any separate claim of an unaffiliated third-party. I irrevocably waive trial by jury in any action or proceeding brought by me or Urthy Scents that in any way relates to, results from, or arises out of my participation in any workshop offered by Urthy Scents, this agreement, or the validity of this agreement.
BY SIGNING BELOW, I REPRESENT THAT I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS AGREEMENT, AGREE TO ITS TERMS, AND HAVE EITHER CONSULTED WITH LEGAL COUNSEL OR KNOWINGLY AND VOLUNTARILY WAIVED THE RIGHT TO DO SO. IF THE PARTICIPANT IS UNDER 18 YEARS OF AGE, THE PARENT/LEGAL GUARDIAN OF THE PARTICIPANT MUST SIGN THIS AGREEMENT FOR THE PARTICIPANT.
Today's Date: July 19, 2025 |