Kando Trip Waiver (the “Event”)
In consideration for permitting Participant to participate in the Event, the undersigned, for themselves, and for their respective heirs, personal representatives and assigns, agree as follows:
Assumption of Risk: The undersigned hereby acknowledge and agree that they understand the nature of the Event; that Participant is qualified, in good health, and in proper physical condition to participate therein; that there are certain inherent risks and dangers associated with the Event; and that, except as expressly set forth herein, they, knowingly and voluntarily, accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s participation in the Event. Paticipant further hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during the Event.
Release and Waiver: The undersigned hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Sony Electronics Inc., its parent, affiliated companies, subsidiaries, directors, officers, agents, employees, managers, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies (collectively hereby the “Releasees”), and any and all other companies associated with the Event from and against any and all liability and claims or causes of action, including, but not limited to, personal injury, death, or damage to or loss of property with respect to any and all aspects of the Event, whether provided by the Releasees.
Indemnification and Hold Harmless: The undersigned also hereby agree to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in the Event, except for those arising out of the willful misconduct, gross negligence or intentional torts of the Releasees, as applicable.
Permission to Use Likeness/Name: The undersigned further agree to allow, without compensation, Participant’s likeness and/or name to appear, and to otherwise be used,
in material, regardless of media form, promoting the Event, Sony and any of its products.
Severability: The undersigned expressly agree that the foregoing assumption of risk, release and waiver of liability and indemnity provisions is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
DISPUTES: Issues concerning the construction, validity, interpretation, and enforceability of these Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement shall be governed by the laws of the State of California and any lawsuits brought in connection herein shall be brought in a federal or state court residing in San Diego County, California. All disputes arising out of or connected with the Event will be resolved individually, and without resort to class action. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys' fees) associated with participation in the Event and shall not include any indirect, punitive, incidental and/or consequential damages.
Acknowledgment of Understanding: The undersigned have read this assumption of risk, release and waiver of liability and indemnity provisions, and have had the opportunity to ask questions about the same. The undersigned fully understand this assumption of risk, release and waiver of liability and indemnity provisions, that the undersigned are giving up substantial rights in connection therewith, and that its terms are contractual, and not a mere recital. The undersigned acknowledge that they are signing this agreement freely and voluntarily.