BACHAN’S, INC. RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT The participant named below (referred to as “I” or “me”) desires to participate in a snowboard trick contest, which involves creating and submitting videos of myself performing snowboarding tricks and maneuvers (the “Activities”). I certify that I am at least 18 years of age and legally competent to enter into this Agreement. I understand that these Activities inherently involve significant risks, including but not limited to physical injury, permanent disability, or death, arising from falls, collisions, equipment failure, and unpredictable weather or terrain conditions. These Activities are organized by Bachan’s, Inc., a Delaware corporation (the “Company”). In consideration for being permitted by the Company to participate in the Activities, I expressly agree to all the terms and conditions set forth in this Agreement (the “Agreement”), including the assumption of risks and waiver of liability outlined herein. 1. Inherent Risk of Activities. I fully understand and appreciate the inherent risks associated with participating in the Activities, which include but are not limited to: (i) the risk of falls, collisions with objects or obstacles; (ii) the inherent risks associated with unpredictable weather conditions, such as wind, ice, or snow, which may affect performance or safety; (iii) the potential hazardous nature of the terrain, including uneven surfaces, jumps, or rail features; (iv) the potential hazardous risks associated with equipment failure or improper use; and (v) the fact that such risks cannot be eliminated regardless of the care taken to avoid them. 2. Personal Responsibility. I acknowledge that my participation in the Activities is entirely voluntary and performed at my own discretion. I am solely responsible for ensuring that I am in proper physical, mental, and emotional condition to safely perform and record snowboard tricks as part of the contest. The Company does not encourage or condone the use of alcohol or any substances that may impair my ability to safely participate in the Activities. 3. ASSUMPTION OF RISK. I ACKNOWLEDGE AND UNDERSTAND THAT I WILL BE VOLUNTARILY ENGAGING IN THE ACTIVITIES, WHICH INVOLVE INHERENT RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID SUCH RISKS, INCLUDING, BUT NOT LIMITED TO, THE RISK OF SERIOUS INJURY, SCARRING, LOSS OF AN IMPORTANT BODILY FUNCTION, PERMANENT DISABILITY, OR DEATH, WHICH MAY CAUSE SEVERE SOCIAL OR ECONOMIC LOSSES, DUE NOT ONLY TO MY OWN ACTIONS, INACTION OR NEGLIGENCE, BUT ALSO TO THE ACTION, INACTION OR NEGLIGENCE OF OTHERS, OR CONDITIONS OF THE EVENT LOCATION OR OF ANY EQUIPMENT I CHOOSE TO USE IN CONNECTION WITH THE ACTIVITIES. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF SERIOUS INJURY, SCARRING, LOSS OF AN IMPORTANT BODILY FUNCTION, PERMANENT DISABILITY, OR DEATH, AND ANY RELATED SOCIAL OR ECONOMIC LOSSES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. 4. Ability to Participate in Activities. I believe that I am physically, emotionally, and mentally able to participate in the Activities. I hereby acknowledge that I know of no medical or other condition that would prevent me from safely performing and recording snowboard tricks as part of the Activities. I understand that I am solely responsible for monitoring my own condition and fitness during my participation. If, at any time, I sense or observe any unusual hazard or unsafe condition, or if I experience any deterioration in my physical, emotional, or mental fitness, I will cease participation in the Activities immediately. 5. Waiver and Release. I hereby irrevocably waive and release any and all actions, claims, or demands that I, my spouse, assigns, heirs, next of kin, guardians, and legal representatives (the “Releasing Parties”) may have or may hereafter have, whether known or unknown, including, without limitation, for damage or losses on account of injury, permanent disability and death or damage to property (collectively, “Activity Claims”) against the Company, and each of its predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, companies under common control with any of the foregoing, affiliates, and assigns, and its and their past, present, and future members, managers, interest holders, partners, principals, agents, employees, directors and officers, representatives, assigns, and successors in interest, and each of them (the “Released Parties”), caused or alleged to be caused in whole or in part by the ordinary negligence or other acts of any of the Released Parties arising out of or attributable to my participation in the Activities. I, for myself and on behalf of the Releasing Parties, covenant not to make or bring any such Activity Claim against any Released Party and forever release and discharge the Released Parties from liability under such Activity Claims. I understand and acknowledge that this Waiver and Release applies to my participation in the Activities, including but not limited to, any risks, hazards, or injuries sustained while performing, recording, or submitting snowboard tricks for the contest. 6. Permission to Use Name and Likeness. I hereby irrevocably permit, authorize, grant, and license the Company the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, digitize, modify, alter, edit, adapt, create derivative works from, exploit, sell, rent, license, and otherwise use, and permit others to use, my name, image, likeness, and the sound of my voice as captured in the video(s) I submit for the Activities. This permission extends to the use of such materials in connection with the promotion, marketing, or advertising of the Company, its products, and the Activities, in perpetuity and throughout the universe, in any medium or format whatsoever, whether now existing or hereafter created, without payment or any other consideration. I understand that my name, image, likeness, and the sound of my voice may be videotaped, edited, copied, exhibited, published, or distributed, and I waive the right to inspect or approve any finished product in which they appear. Additionally, I waive any right to royalties or other compensation arising from or related to the use of my name, image, likeness, and the sound of my voice as set forth herein. I understand and agree that the Company will retain sole and exclusive ownership of any videos or media submitted for the Activities, including any copyright or intellectual property rights therein. By submitting such materials, I irrevocably assign all rights, title, and interest in the media to the Company without further compensation or consideration. 7. Waiver and Release for Use of Name and Likeness. I, for myself and on behalf of the Releasing Parties, hereby irrevocably waive and release all actions, claims, or demands that I or any Releasing Party may have or may hereafter have, whether known or unknown, including, without limitation, claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory (collectively, “Name andLikeness Claims”, and together with Activity Claims, the “Released Claims”) against the Released Parties arising out of or attributable to the Company’s exercise of its rights under paragraph 6, including but not limited to the use, distribution, or modification of video(s) or other submissions provided for the Activities. I, for myself and on behalf of the Releasing Parties, covenant not to make or bring any such Name and Likeness Claim against any Released Party, and forever release and discharge the Released Parties from liability under such Name and Likeness Claims. 8. Waiver of California Civil Code Section 1542. I, for myself and on behalf of the Releasing Parties, understand and agree that the releases set forth in paragraphs 5 and 7 shall include a release of all Released Claims under Section 1542 of the Civil Code of the State of California (“Section 1542”), which shall be expressly waived by me on behalf of myself and the Releasing Parties. Section 1542 reads as follows: “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, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Notwithstanding Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Claims, I, for myself and on behalf of the Releasing Parties, expressly acknowledge that the releases set forth in paragraphs 5 and 7 shall be intended to include, and shall include in its effect, without limitation, all Released Claims which the Releasing Parties do not know or suspect to exist in their favor against the Released Parties at the time of execution hereof, and that the foregoing release expressly contemplates the extinguishment of all such claims. 9. Indemnification. I shall defend, indemnify and hold harmless the Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against any Released Party, arising out of or resulting from any claim of a third party related to (i) my participation in the Activities, including, but not limited to, the performance, recording, or submission of snowboard tricks for the contest, and (ii) any breach of this Agreement or violation of applicable law by me. 10. Right to Refuse. I agree and understand that the Company reserves the right to disqualify, suspend, or cancel my participation in the Activities at any time and for any reason, including but not limited to violations of the terms of this Agreement, submission of inappropriate or prohibited content, or failure to meet the eligibility requirements. The Company’s decision to refuse participation or disqualify submissions is final and binding. 11. Restrictions on Use of Media. I agree that by signing this Agreement and participating in the Activities, I will not use any personal photographs, videos, voice recordings, or other recorded media taken, created, or submitted as part of the Activities for any unlawful purpose or in any manner that infringes upon the Company’s proprietary rights. This includes using such recorded media for personal or professional monetary gain, for personal or professional promotional purposes, for advertising purposes, or in any manner that could cause public confusion as to the Company’s proprietary ownership, brand identity, or business operations. 12. Binding Arbitration. I agree that any dispute relating to, referring to, involving or pursuant to this Agreement shall be resolved exclusively by binding arbitration according to the rules of Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive laws of the State of California, excluding any application or consideration of the Arbitration Act of said State. The arbitration shall take place in San Francisco, California, and the arbitrator’s decision shall be final and binding on all parties. By agreeing to arbitration, I waive my right to a trial by jury or to participate in any class action. 13. Entire Agreement. This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. To the extent permitted by applicable law, any such invalid, illegal, or unenforceable provision shall be construed, modified, or limited to the extent necessary to make it enforceable, while preserving the intent of the parties to the fullest extent possible. This Agreement is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). WARNING! By entering into this Agreement, I am not relying on any oral or written representations or statements made by any of the Released Parties, other than what is set forth in this Agreement. DO NOT under any circumstances sign this Agreement if you do not feel you can fully, competently, emotionally and mentally adhere to each and every term and condition of this Agreement. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT AND FULLY UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES. I AGREE TO PARTICIPATE IN THE ACTIVITIES KNOWING THE RISKS AND CONDITIONS INVOLVED AND DO SO ENTIRELY OF MY OWN FREE WILL. I HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS AGREEMENT. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH OF MY SPOUSE, ASSIGNS, HEIRS, NEXT OF KIN, GUARDIANS, AND LEGAL REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES. March 13, 2025 |
