Liability Agreement

READ THIS DOCUMENT FULLY BEFORE USING OUR WEBSITE(S) AND SERVICES. ITS EFFECT IS TO RELEASE TRIPLE M INVESTORS, LLC DBA Exposure, ITS OWNERS, STAFF, AND OTHERS WORKING IN ITS EMPLOY, FROM ANY LIABILITY RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES AT Exposure AND WAIVES ALL CLAIMS FOR DAMAGES OR LOSSES AGAINST Exposure. IT ALSO GRANTS Exposure AND ITS FRANCHISE THE RIGHT TO USE OF YOUR LIKENESS IN PROMOTIONS, MARKETING, AND ANY OTHER BUSINESS-RELATED ACTIVITIES.

 

NO ENTRY PAST WAITING AREA UNTIL DIRECTED BY STAFF*

I understand I cannot access Exposure walls until directed by staff.

PARTICIPANT RELEASE AND WAIVER OF LIABILITY *

EXPOSURE, LLC PARTICIPANT RELEASE AND WAIVER OF LIABILITY (the Agreement)

In consideration for being permitted to access and participate in the activities that Exposure, LLC (Exposure) provides at its space located at 806 Jefferson Street Lafayette, LA 70501 (the Premises), I, on behalf of myself and my participating minor child/children, if any, agree to the following:

1.  WAIVER OF LESSOR WARRANTIES.  I, on behalf of myself and my participating minor child/children, hereby waive all warranties concerning the existence of defects that could be found at any time on the premises of Exposure.  These defects could be either open or hidden defects.  I acknowledge that I am renting the space in an as is” condition.  Any loss, damage, or injury occasioned through the use of any items resulting from a defect during the rental period will NOT be the responsibility of Exposure.  I affirm and agree to use all reasonable care while on the premises in handling the property of Exposure, and any loss, damage, or injury NOT attributable to the negligence, gross negligence, or intentional act of the owners, agents, or employees of Exposure will be my sole responsibility.

2. RELEASE AND WAIVER OF LIABILITY. I, on behalf of myself and my participating minor child/children, if any, hereby release Exposure and its agents, employees, officers, directors, affiliates, successors, and assigns of and from any and all liability, claims, demands, actions, judgments, costs, expenses, court costs, attorney fees, and damages of every kind and nature, whether known or unknown, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my participating minor child/children, if any, WHETHER CAUSED BY THE SOLE, CONTRIBUTORY, OR GROSS NEGLIGENCE OF Exposure, while participating in any of the activities provided by Exposure or while in, on or upon the Exposure Premises.

3. INDEMNIFICATION AND HOLD HARMLESS. I, on behalf of myself and my participating minor child/children, if any, agree to indemnify and hold harmless Exposure and its agents, employees, officers, directors, affiliates, successors and assigns from any and all loss, liabilities, damage, demands, claims, judgments, costs, and expenses (including reasonable attorneys’ fees) made by other individuals or entities as a result of my, or my participating minor childs/childrens, actions in connection with any activities provided by Exposure on its Premises.

4. LOST, DAMAGED, AND STOLEN ITEMS. Exposure has no responsibility for lost, damaged, or stolen items.

5. PHOTOGRAPHS, VIDEOTAPE, MODEL RELEASE/WAIVER. I, on behalf of myself and my participating minor child/children, if any, consent and grant to Exposure the right to photograph, videotape, and/or record me and/or my participating minor child/children, if any, while on the Premises and engaging in the activities provided by Exposure on its Premises (the Recordings). I hereby consent to and authorize Exposure and its agents, representatives, employees, partners, independent contractors, successors and assigns to use my and my participating minor childs/childrens name, face, likeness, voice, and appearance in said Recordings for any purpose, including but not limited to exhibitions, publicity, advertising, marketing, and promotional materials without reservation or limitation in perpetuity. I, on behalf of myself and my participating minor child/children, if any, waive any and all claims I or they may have, including but not limited to any compensation, arising from any such use. It is understood and accepted that all Recordings are the property of Exposure and that Exposure is the sole and exclusive holder and owner of the copyright of the Recordings.

6. NONEXCLUSIVE PERPETUAL COMMERCIAL LICENSE. I hereby grant to Exposure and its agents, representatives, employees, partners, independent contractors, successors and assigns, a nonexclusive perpetual commercial license to use any and all photographic or video content captured by me or my participating minor child/children, if any, or by an employee of Exposure using my, or my participating minor child/childrens, smartphone or camera, while on the Exposure Premises and while engaging in the activities provided by Exposure, that is published on any social media platform, including but not limited to Facebook, Instagram, or Twitter (the Social Media Content). I hereby grant to Exposure and its agents, representatives, employees, partners, independent contractors, successors and assigns the right to use said Social Media Content for purposes including, but not limited to, advertising, marketing, or other promotions on Exposures, and its partners, websites, blogs, social media platforms, including but not limited to Facebook, Instagram, or Twitter, or other marketing or promotional campaigns or materials. I, on behalf of myself and my participating minor child/children, if any, waive any and all claims I or they may have, including but not limited to any compensation, arising from any such use of the Social Media Content.

7. SUCCESSORS AND ASSIGNS. This Agreement is binding on my, and my participating minor childs/childrens successors and assigns, including any spouses, heirs, executors, administrators, and legal representatives.

8. GOVERNING LAW AND VENUE. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Louisiana, without giving effect to the principles of conflicts of law. Any action arising out of this Agreement must be brought exclusively in any state or federal court located in Lafayette Parish, Louisiana.

9. INTERPRETATION OF AGREEMENT. This Agreement shall be construed broadly to provide a release and waiver to the fullest extent permissible under applicable law. The failure of Exposure to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision or impairment of its right to enforce such provision or any other provision of this Agreement.

10. SEVERABILITY. If any provision or portion of this Agreement shall be held to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter herein. The provisions of this Agreement may be waived, altered, amended, or repealed, in whole or in part, only upon the prior written consent of all parties. The provisions of this Agreement will continue in full force and effect even after the termination of the activities provided by, on the Premises of, or for the benefit of, Exposure.

I, ON BEHALF OF MYSELF AND MY PARTICIPATING MINOR CHILD/CHILDREN, IF ANY, ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE AND WAIVER OF LIABILITY AND THAT I UNDERSTAND THE TERMS SET FORTH HEREIN AND THAT I UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND A WAIVER OF RIGHTS THAT I MAY HAVE ON BEHALF OF MYSELF AND MY CHILD/CHILDREN TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS AGAINST EXPOSURE. SHOULD ANY LEGAL ACTION BE COMMENCED OR ANY CLAIM ASSERTED IN VIOLATION OF THIS RELEASE AND WAIVER OF LIABILITY, I UNDERSTAND AND AGREE THAT I, ON BEHALF OF MYSELF AND MY PARTICIPATING MINOR CHILD/CHILDREN, IF ANY, WILL BE RESPONSIBLE FOR ALL REASONABLE ATTORNEYS’ FEES AND DEFENSE COSTS INCURRED BY EXPOSURE AND ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, SUCCESSORS AND ASSIGNS IN CONNECTION WITH OR IN DEFENSE OF SUCH ACTION OR CLAIM. I AM AT LEAST 18 YEARS OF AGE AND HAVE SIGNED THIS AGREEMENT FREELY, VOLUNTARILY, AND UNDER NO DURESS.

(THEY CHECK HERE) I agree

COVID-19 WAIVER *

 With full knowledge of the risks involved, I/my party hereby release, waive, discharge Exposure, its board, officers, 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/my party agree to indemnify, defend, and hold harmless Exposure 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.

I am fully and personally responsible for my own [and my guests'] safety and actions while and during my participation and I recognize that I may be in any case at risk of contracting COVID-19.

I take full responsibility for communicating the risks to all of my guests and/or guests’ parents/guardians of said guests.

I have read and agree to the above waiver on behalf of myself and my guests.