GUEST RELEASE, ASSUMPTION OF RISK AND WAIVER OF LIABILITY
As a condition to the undersigned’s participation in services offered by, or use of facilities, premises, or equipment owned, operated or controlled by Sneakertopia, Inc., its subsidiaries or affiliates (including Sneakertopia) (collectively, “Sneakertopia, Inc.”), and in consideration thereof, the undersigned person, on behalf of himself or herself and his or her representatives, minor child (if a “Minor Child Authorization” is attached hereto), affiliates, heirs, successors and permitted assigns (collectively “I” and the forms “me” and “my”), hereby represents, warrants and covenants as follows (the “Release”):
I am aware that interacting with Sneakertopia, Inc. facilities, premises, equipment, amenities and services may involve actual physical interaction with different exhibits that each incorporate the use of different materials including, but not limited to, paint, sneakers, art-related substances, lights, chemicals, etc. and use of any and all facilities, premises, equipment, amenities and services thereof (collectively, “Covered Activities”) involves inherent risks that may result in serious illness, injury, death, or property damage. I acknowledge that these inherent risks include, but are not limited to, the risks of property damage, illness, bodily injury, allergic reaction, dismemberment, disability, heart attack, stress, possible paralysis, seizures, hearing loss (due to loud music or background noise) or death. I understand that: (i) certain Sneakertopia, Inc. facilities and/or exhibits UTILIZE LIGHTING AND VISUAL STIMULI THAT MAY CAUSE A VERY SMALL PERCENTAGE OF PEOPLE TO EXPERIENCE A SEIZURE; (ii) even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” when exposed to certain visual images, including flashing lights and seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. I acknowledge that I am knowingly and voluntarily participating in the Covered Activities with knowledge of the risks and hazards inherent in or potentially caused by such Covered Activities. I acknowledge that I have been given the opportunity to ask questions concerning the Covered Activities, and all such questions have been answered to my satisfaction. I further represent that I am in good physical and mental health and that I do not suffer from any physical or mental impairment, disease, ailment, injury or other condition that limits my ability to participate in the Covered Activities.
I acknowledge that my participation in any of the Covered Activities is completely voluntary, that I am fully aware of the risks and hazards associated with the Covered Activities, and hereby elect to voluntarily assume all such risks and voluntarily attend and/or participate in the Covered Activities as evidenced by execution of this Release. IN CONSIDERATION OF PARTICIPATING IN THE COVERED ACTIVITIES I HEREBY PERSONALLY AND VOLUNTARILY ASSUME ALL RISKS THEREOF, INCLUDING, WITHOUT LIMITATION, RISKS ARISING OUT OF ANY INTERACTION WITH ANY FACILITY OR EQUIPMENT OWNED, CONTROLLED OR OPERATED BY SNEAKERTOPIA INC. (WHICH INCLUDES INTERACTION WITH RELATED AND UNRELATED THIRD PARTIES IN GENERAL), WHETHER FORESEEN OR UNFORSEEN, KNOWN OR UNKNOWN, THAT MAY OCCUR WHILE I AM PARTICIPATING IN THE COVERED ACTIVITIES.
I, FOR MYSELF, AND ON BEHALF OF MY HEIRS, EMPLOYERS, AFFILIATES, ASISGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE, WAIVE, HOLD HARMLESS, AND PROMISE NOT TO SUE SNEAKERTOPIA INC. OR ANY OF ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, STAKEHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) IN CONNECTION WITH ANY ILLNESS, INJURY AND/OR PROPERTY LOSS (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING FROM OR IN CONNECTION WITH MY PARTICIPATION IN ANY OF THE COVERED ACTIVITIES, WHETHER CAUSED BY AN ACT OR OMISSION, INCLUDING NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, including without limitation, any claims (including attorneys’ fees and costs) arising out of or in connection with the following: (i) any illness, injury to me or to any property belonging to me arising as a result of my active or passive participation in the Covered Activities, including, without limitation, any use of the facilities or premises or any such activities at the instruction or under the supervision of any Sneakertopia, Inc. personnel; or (ii) any actions or omissions by my or any third party. This waiver and release of claims shall extend to all claims against any Released Party that were or could have been brought in any foreign or domestic forum, judicial or administrative, by or on behalf of me. I understand that my rights under California Civil Code §1542 or by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable or equivalent to §1542 of the California Civil Code, with respect to any claims against the Released Parties are expressly waived. California Civil Code §1542 provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTION OF THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
I further agree to indemnify and hold harmless any and all of the Released Parties from any and all liabilities, claims, demands, expenses, damages, losses, causes of action, attorneys’ fees and costs of defense for, or on account of, death, personal injury, property damage and any other loss of any kind resulting from or related to: (i) my participation in the Covered Activities; (ii) my presence at any facility; or (iii) my breach of the terms and conditions of this Release.
I grant the Released Parties permission to authorize emergency medical treatment as the Released Parties deem appropriate and agree that such authorization by the Released Parties shall be subject to the terms of this Release. I understand and agree that the Released Parties assume no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment. I accept personal responsibility for the payment of all of my own medical and emergency expenses in the event of accident, illness, or other incapacitation, regardless of whether or not I have authorized such expenses at the time they are incurred.
I acknowledge that I have been urged to avoid bringing valuables to any Sneakertopia, Inc. facilities or premises and that Sneakertopia, Inc. will not be liable for the loss of, theft of, or damage to my personal property, including, without limitation, items left bathrooms, at any exhibit or anywhere else on Luck Co.’s premises. I acknowledge that no portion of any fees paid by me to Sneakertopia, Inc. is in consideration for the safeguarding of valuables.
GUEST CONTENT. If I, the Guest creates, uploads, posts or sends any photographs, audio recordings, or video footage depicting or relating to Sneakertopia, Guest grants the Company and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable, and transferable right and license to use, display, reproduce, perform, modify, transmit, publish, and distribute such photographs, audio recordings, or video footage for any purpose whatsoever in any and all media (in either case, now known or developed later). Guest also agrees to not exploit any photographs, audio recordings, or video footage of Sneakertopia for any commercial purpose without the Company’s prior written consent.
I understand that this Release extends forever into the future and will have full force and legal effect each and every time I visit any Sneakertopia, Inc. facility or location, or otherwise participate in Covered Activities.
I further state that I am of lawful age and legally competent to sign this Release (or, if I am under 18 years old, I have directed my parent or legal guardian to sign this Release on my behalf). I have carefully reviewed this Release, fully understand the terms and conditions hereof, and have had the opportunity to consult with legal representation, or have knowingly chosen not to do so, prior to entering into this Release. I understand that the terms herein are contractual and not a mere recital, and that I have signed this Release of my own free act, and with knowledge that I hereby agree to waive my legal rights. This Release constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral, written or implied, between me and Sneakertopia, Inc. concerning the subject matter hereof. This Release shall be amended or modified only through a written agreement signed by me and Sneakertopia, Inc. No statements other than within this Release shall be relevant to reduce this Release’s effect and enforcement on me. This Release is binding upon and shall inure to the benefit of the Released Parties.
The laws of the State of California shall govern: (i) the validity and interpretation of this Release; (ii) the performance by the me and Sneakertopia, Inc. of our respective duties and obligations hereunder; and (iii) all other causes of action (whether sounding in contract or in tort) arising out of or relating in any manner this Release.
Any and all disputes or claims (including, but not limited to, third-party claims) arising under, concerning, or relating to this Release, its interpretation, its validity (including, but not limited to, any claim that all or any part of this Release is void or voidable), or the subject matter hereof will be resolved by confidential and binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the arbitration rules of the American Arbitration Association. The arbitration, including the rendering of the award, shall take place in Los Angeles, California, United States, and shall be the exclusive forum for resolving any such dispute, controversy, or claim. Disputes about arbitration procedure shall be resolved by the arbitrator. The arbitrator may proceed to an award notwithstanding the failure of the other party to participate in the proceedings. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration shall be split by the parties and each party shall be responsible for their respective attorneys’ fees and expenses. The decision of the arbitrator shall be the sole and exclusive remedy of the parties and shall be enforceable in any court of competent jurisdiction. I UNDERSTAND THAT BY AGREEING TO ARBITRATION IN THE EVENT OF A DISPUTE BETWEEN ME AND ANY RELEASED PARTIES, I AM EXPRESSLY WAIVING MY RIGHT TO REQUEST A TRIAL BY JURY IN A COURT OF LAW. If, notwithstanding the arbitration provisions of this Release, a party shall succeed in bringing an action relating to any matter or dispute in connection with this Release in a court of law, then the venue for resolution of such matter or dispute shall be the State or Federal Courts located in Los Angeles, California.
Any provision of this Release that is prohibited or unenforceable in California or in any other jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. I acknowledge that it is my intention to provide a release of claims to the Released Parties to the fullest extent permitted by law. To the degree that an arbitrator or court determines that any provision of this Release is partly or wholly unenforceable, such provision shall be re-written by the arbitrator, court or other tribunal interpreting the same such that it becomes enforceable and most closely approximates the intent of the parties hereto.
By signing this document via signature or electronic means, I am accepting this Release. I understand that I may be found by a court of law to have forever waived any right that I or my child(ren) may have to maintain any action against the Released Parties on the basis of any claim from which I have released such Released Parties herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. I understand and agree that I may be asked to update this waiver from time to time (which shall be determined at Sneakertopia, Inc.’s (or its applicable representative’s, affiliate’s, parent/holding company’s, or subsidiary’s) sole and absolute discretion) and further hereby agree to conduct such transaction by electronic means. By providing my phone number and email address to Sneakertopia, Inc., I expressly consent to receive phone calls and emails from Sneakertopia, Inc. Sneakertopia, Inc. reserves the right to review my driver’s license and/or other forms of identification in order to verify my identity.
BY PURCHASING A TICKET, I AGREE TO AND UNDERSTAND THE PROVISIONS OF THIS WAIVER AND INTEND TO BE LEGALLY BOUND BY ITS TERMS.