RELEASE OF LIABILITY AND ASSUMPTION OF RISK The individual named below (referred to as "I" or "me") desires to participate in at a minimum, GOO Making, GOO Playing, GOO Walking, GOO Shower, GOO Cannons, Decoden Art, Resin Art, Resin Jewelry Making, and Taba Squishy Making at the store located at 349 South Avenue E, Westfield, NJ and activities incidental thereto, including the off-premises use of products purchased at such location (whether singular or plural, hereinafter referred to as the "Activities") provided by GOOlarue LLC., a New Jersey Limited Liability Corporation, and its subsidiaries (the "Business"). As lawful consideration for being permitted by the Business to participate in the Activities, I, myself and my heirs, executors, administrators and assigns (collectively, the "Releasors"), agree to all the terms and conditions set forth in this agreement (this "Agreement"). I am aware and understand that the activities are dangerous activities and involve the risk of serious injury, sickness and/or death and/or property damage. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations of the releasees. 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 injury, sickness, death, or property damage, whether caused by the negligence, in whole or in part, of the releasees or otherwise, including but not limited to the risk of allergic reaction, choking or poisoning as a result of ingestion of or contact with the business' products. I agree to follow all rules, regulations and guidelines of the business. I acknowledge that I have been advised not to consume or ingest any of the business’ products. I, on behalf of myself and the other Releasers, hereby expressly waive and release any and all claims, now known or hereafter known, against the Business, and its agents, employees, officers, directors, affiliates, licensors, sponsors, successors, and assigns (collectively, "Releasees"), arising out of or attributable to the Activities, in whole or in part, directly or indirectly, whether arising out of the negligence, in whole or in part, of the Business or any Releasees or otherwise. I, on behalf of myself and the other Releasers, covenant not to make or bring any such claim against the Business or any other Releasee and forever release and discharge the Business and all other Releasees from liability under such claims. I shall defend, indemnify, and hold harmless the Business and all other Releasees against any and all losses (personal and belongings), damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable 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 indemnified party, arising out of or resulting from, in whole or in part, directly or indirectly, any claim of a third party related to the Activities. I hereby grant to the Releasees and their designees, the absolute right and permission to use my name, voice, picture, and photograph or other visual images from my participation in the Activities (which I acknowledge the Releasees and their designees may obtain in the course of the Activities) for promotional purposes in any manner or media (including social media) whether now existing or hereafter created (including, without limitation, online), worldwide, in perpetuity, without notice to me and without limitation, condition, consideration, consent or compensation. I shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion or illusionary effect or use in any composite form of any of the foregoing attributes of my identity. I further agree that all property rights in and to any promotional, advertising or publicity materials, films, recordings or other media containing my name, voice, picture, or photograph are the sole and exclusive property of the Business. This Agreement constitutes the sole and entire agreement of the Releasees 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 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. This Agreement is binding on and shall inure to the benefit of the Releasees and Releasers and their respective successors and assigns. All matters arising out of or relating to this Agreement whether sounding in contract, tort or statute shall be governed by and construed in accordance with and enforced under the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New Jersey. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Union County, New Jersey and I hereby consent to the exclusive jurisdiction of such courts. I acknowledge that I have informed the Business of any known allergies or medical conditions affecting my child. I understand that the business cannot guarantee an allergen‑free environment and is not responsible for allergic reactions that may occur as a result of exposure to food, materials, or environmental factors. I agree to assume all risks associated with my child’s participation and release the business, its owners, employees, and agents from any liability for allergic reactions or related medical issues, except in cases of gross negligence or willful misconduct. I am fully and personally responsible for my own safety and actions while and during may participation and I recognize that I may be in any case be at risk of contracting COVID-19. With full knowledge of the risks involved, I hereby release, waive, discharge the Organization, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19. I agree to indemnify, defend, and hold harmless the Organization from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES.Copy and paste the body of your waiver here. |