PARTICIPANT RELEASE FORM
In consideration for being invited to participate in, and participating in, one or more private culinary cooking classes taught by one or more chef instructors of Humanim, Inc., a Maryland not-for-profit corporation (“Humanim”), the undersigned participant (the “Participant”) hereby represents, warrants, covenants and agrees, as follows:
Participant acknowledges that he/she over the age of 18 and desires to voluntarily participate in the activities and services provided by Humanim and its instructors, officers, directors, agents, employees, designers, licensors, members and other representatives, including, but not limited to, the use of the kitchen equipment (including, without limitation, stoves, ovens, blenders, fryers and other appliances, and knives, graters, peelers, blenders and other utensils) and all other items within the classrooms and/or premises.
ASSUMPTION OF RISK
Participant understands that (i) participating in such activities could be dangerous, involve both known and unknown risks of danger, such activities are of a hazardous nature and/or include physical and/or strenuous activities, that serious accidents occasionally occur during such activities; and (ii) participants in such activities may occasionally sustain personal injuries as a consequence thereof. Knowing the risks involved, nevertheless, Participant has voluntarily applied to participate in such activities, and hereby agrees to fully assume any and as all risks of personal injury, death or disability and/or any damage, loss or theft of any personal property that may result from or is associated with the participation by Participant in such activities, and Participant does so with the knowledge that staff assistance and/or medical facilities may not be available in the event of illness or injury. Participant agrees to be financially responsible for the cost of any medical assistance and/or treatment resulting from any such injury. Participant agrees that his or her participation in such activities shall be deemed an acknowledgment that the classroom or premises where the classes take place are safe and suitable for Participant’s participation in such activities.
RELEASE OF LIABILITY
Participant individually and on behalf of Participant’s family members, heirs, executors, administrators, agents and assigns (collectively, the “Participant Releasing Parties”), hereby waives, releases, acquits and forever discharges each of Humanin and any and all of its past, present and future officers, directors, principals, investors, managers, members, partners, equityholders, employees, agents, representatives, administrators, executors, trustees, predecessors, successors, licensees, attorneys, assigns, investors and all individuals and entities involved in the operations of Humanim (including, without limitation, the chef, chef’s assistant and any and all other members of its cooking school staff whether contracted or employed) (collectively, the “Humanim Released Parties”) from and against any and all claims, rights, demands, causes of actions, liabilities, damages, fees, charges, losses, settlements, debts, expenses, obligations and remunerations of any and all kinds of any nature and character whatsoever (including attorney’s fees), known or unknown, whether brought by Participant or third parties, suffered by Participant, as a result of, or in any manner related to, directly or indirectly, his, her, or their participation in such activities (including, without limitation, any and all claims for damages or personal injury, death, or property damage) (collectively, “Claims”), which Participant may have or which may hereafter accrue as a result of Participant’s participation in such activities. This release is valid and effective whether the Claim is a result of any act or omission on the part of any of the Humanim Released Parties or from any other cause. This release includes, but is not limited to, Claims which may occur as a result of the (i) use or misuse of the classroom or premises in any way by anyone; (ii) use of any equipment that malfunctions or breaks; (iii) improper maintenance of the classroom or premises, grounds, or any equipment; (iv) instruction or supervision; or (v) slipping, tripping and /or falling while in the classroom, premises or on the surrounding premises.
COVENANT NOT TO SUE
Participant hereby agrees that the Participant Releasing Parties will not make a claim against or sue Humanim or any of the Humanim Released Parties for any Claims which Participant may have or which may hereafter accrue as a result of Participant’s participation in such activities and/or the risks involved therewith.
. Participant, individually and on behalf of the Participant Releasing Parties, hereby agrees to indemnify and hold harmless each of the Humanim Released Parties harmless from and against any and all Claims suffered by a Humanim Released Party as a result of, or in any manner related to, directly or indirectly, Participant’s participation in such activities and/or the risks involved therewith.
RELEASE CONCERNING LIKENESS, ETC
Participant hereby grants to Humanim and all of the Humanim Released Parties the right to photograph, digitally image, videotape and/or record Participant and to use, without restriction as to frequency or duration of usage, Participant’s likeness, name, face, voice, performance, appearance and/or biographical material (collectively, “Likenesses”) in connection with printed, web-based or other electronic news releases, educational or trianing materials, exhibitions, publicity, advertising, promotional materials or other communications without reservation or limitation (including, without limitation, revealing Participant’s name and identity in descriptive text or commentary in connection with such images and recordings), and no such Likenesses will be submitted to Participant for approval prior to any use by any of the Humanim Released Parties. Participant agrees that all rights in such images and recordings and any and all negatives, prints, digital reproductions thereof (including, but not limited to, rights of sale, reproduction, copyright, use or re-use, publication or re-publication, copy, exhibit or distribution) will be the sole property of and owned by Humanim and that Humanim and/or any of the Humanim Released Parties may make whatever use of such images and recordings as they may desire throughout the world in perpetuity in all media now or hereafter known or devised. Participant hereby grants to each of the Humanim Released Parties the irrevocable and unconditional right to disseminate, reproduce, record, exhibit, print and publish Participant’s Likenesses for any purpose, including advertising any of such Humanim Released Parties’ products, assets and/or services. Participant acknowledges and agrees that the Humanim Released Parties shall retain all revenues from the use or exploitation of the foregoing and Participant shall not receive any royalties or compensation therefor. Participant hereby waives any and all Claims arising out of, or in any way related to, use by any of the Humanim Released Parties of such Likenesses.
Participant agrees and acknowledges that, in connection with Participant’s participation in such activities, Humanim and its representatives will or may be disclosing to Participant certain of Humanim’s Confidential information (defined below). Except as required by applicable law, rule or regulation, unless otherwise agreed to in writing in advance by Humanim, Participant shall not disclose the Confidential Information to others and shall keep the Confidential Information confidential. Participant will use its best efforts to assist Humanim in identifying and preventing any unauthorized use or disclosure of Information. Without limiting the generality of the foregoing, Participant shall immediately advise Humanim in the event that Participant learns or has reason to believe of any individual or entity who has had access to the Confidential Information or any improper use of the Confidential Information, and shall cooperate in seeking injunctive relief against any such individual or entity. Because Humanim could not be adequately compensated by money damages in the event of a breach or threatened breach by Participant of the provisions of this Agreement, Humanim shall be entitled, in addition to any other right or remedy available to it, to an injunction restraining such breach or any threatened breach and to specific performance of any provision hereof and, in each case, no bond or other security shall be required in connection with such injunction. Humanim will be entitled to reimbursement of its actual attorneys’ fees and costs in regard to any efforts to enforce the terms hereof or to obtain an injunction or damages in relation to its breach or threatened breach, whether or not suit is instituted or the matter is settled.
The term “Confidential Information” as used herein shall:
- include all information provided by or on behalf of Humanim or any of the Humanim Released Parties to Participant, including, without limitation, information regarding recipes (including, but not limited to, those recipes provided or otherwise disclosed to Participant during the private culinary cooking class solely for purposes of Participant’s personal use), techniques, products, proposed products, know-how, methods, processes, proposed processes, specifications, tests, research, sales data, financial, technical and business information, financial projections, marketing strategy, suppliers, vendors, clients, customers and the like, and all recorded (whether in written, electronic or other form) and unrecorded inventions, reports, papers, notebook entries, memoranda, books and records, and other documents, comprising or incorporating, or derived from or based on, in whole or in part, said information;
- include, without limitation, all analyses, compilations, studies and other documents (whether in written, electronic or other form) of Participant that contain or otherwise reflect, or are generated by Participant from, in whole or in part, any information described in the preceding clause (i); and
- not include (A) information which at the time of disclosure, is published or generally known to the public; (B) information which after disclosure by or on behalf of Humanim to Participant is published or becomes generally known to the public except as a result of the breach hereof by Participant; (C) information which was in the possession of Participant at the time of disclosure by Humanim (as evidenced by written records), and which was not acquired, directly or indirectly, from Humanim; or (D) information which is obtained from any third party which is lawfully in possession of the information and not in violation of any contractual, legal, fiduciary or other obligation with respect to the information.
IN WITNESS WHEREOF, I, the Participant, have carefully read this Participant Release Form in its entirety and fully understand its contents, am signing this Participant Release Form of my own free will and am aware that this is (i) a waiver, release of liability, assumption of risk agreement; (ii) a legal contract between me and Humanim and that it affects my legal rights; (iii) is to be binding on my heirs and assigns; and (iv) is intended to be as broad in its effect as allowed by law.
(If the Participant is a minor child, his/her parent or legal guardian must sign on such child’s behalf.)
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