This Release, Waiver and Consent is made on
the date outlined below, by the individual named below, an individual 18 years
of age and of the age of majority in his/her jurisdiction of residence or older
(“Participant”) to the researchers (the “Company”) (i) for Participant to test
ride a bicycle (or electric bicycle) at the demo event listed below; (the
“Activity”), (ii) for Participant to volunteer for such Activity and (iii),
Participant’s name, likeness, image, voice, appearance and/or performance
(“Publicity Data”) may be used for research, continued product development, and
marketing for or on behalf of Company’s production of videos or still
photography (the “Works”). Participant acknowledges that the Activity and
participation as described above is voluntary and that Participant is aware of
the known and unknown hazards associated with (a) testing bicycles and electric
bicycles and (b) attending, observing and spectating such Activity, is
knowingly assuming and accepting the risk of bodily harm or death associated
with such Activities, and agrees to follow any and all instructions provided by
the Company, to obey all traffic laws and regulations, to act in a prudent and
reasonable manner, and when riding or performing to wear all appropriate safety
equipment including, without limitation, a helmet.
NOW, THEREFORE, for good and valuable consideration, including without
limitation the Company’s agreement to allow Participant to participate in the
Activity, the receipt and sufficiency of which is hereby acknowledged:
(i) The Participant does hereby waive and release, acquit and forever discharge
for himself or herself, his or her heirs, administrators and assigns, any and
all claims, causes, demands, actions or causes of action, of any kind or
description, known or unknown, in law or equity, which the Participant may now
or hereafter have against Company, its agents contractors, representatives,
designees and others working for Company or on Company’s behalf, and their
respective subsidiaries, affiliates, successors or assigns and their respective
employees, officers, directors or shareholders, with respect to any Activity
from time to time, irrespective of whether Participant is riding, performing,
attending, observing or spectating therein.
(ii) The Participant does hereby consent to the use by the Company and its
affiliates, successors, assigns, agents, representatives, and licensees of the
Publicity Data in the Works, in any and all forms of media whatsoever, now
known or later developed, for the purposes of advertising or trade in promoting
and publicizing the Company, and/or for internal company purposes. This consent
includes without limitation the right to edit, mix, duplicate, use, and reuse
the Works in whole or in part. The Participant agrees that the Company shall
have complete ownership of the Works in which Participant appears, including
copyright interests, and Participant acknowledges that he or she has no
interest or ownership in the Works or their copyrights, or right to use same,
by virtue of Participant’s participation. For the avoidance of doubt,
Participant further agrees that if the Company acquires the right to use
photography or videos taken by others of Participant’s participation in the
Activity, this Consent, Waiver and Release extends to such photography and
video as if they were created by the Company directly.
(iii) The Participant hereby waives any right to inspect or approve the manner
in which the Company uses the Publicity Data in connection with the above
purposes, and the Participant hereby releases and discharges the Company, its
agents, contractors, representatives, designees and others working for Company
or on Company’s behalf, and their respective subsidiaries, affiliates,
successors or assigns and their respective employees, officers, directors or
shareholders from any and all claims and demands arising out of or in
connection with the use, alteration, distortion or illusionary effect of the
Publicity Data, including but not limited to claims for defamation, invasion of
privacy, or right of publicity.
COVID-19 – Disclaimer and Release
a. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by
the World Health Organization. COVID-19 is extremely contagious and is believed
to spread mainly from person-to-person contact. As a result, federal, state,
and local governments and federal and state health agencies recommend social
distancing and have, in many locations, prohibited the congregation of groups
of people. The Company has put in place preventative measures to reduce the
spread of COVID-19; however, cannot guarantee that Participant or his/her
child(ren) will not become infected with COVID-19. Further, attending this
Company’s event could increase Participant’s risk and his/her child(ren)’s risk
of contracting COVID-19.
b. By signing this agreement, Participant acknowledges the contagious nature of
COVID-19 and voluntarily assumes the risk that his/her child(ren) and
Participant may be exposed to or infected by COVID-19 by attending the
Company’s event, and that such exposure or infection may result in personal
injury, illness, permanent disability, and death. Participant understands that
the risk of becoming exposed to or infected by COVID-19 at the Company’s event
may result from the actions, omissions, or negligence of Participant and
others, including, but not limited to, Company employees, Company contractors,
other participants and their families. Participant voluntarily agrees to assume
all of the foregoing risks and accept sole responsibility for any injury to
his/her child(ren) or Participant (including, but not limited to, personal injury,
disability, and death), illness, damage, loss, claim, liability, or expense, of
any kind, that Participant or his/her child(ren) may experience or incur in
connection with participation in the Company photo/video shoot (“Claims”).
c. On the Participant’s behalf, and on behalf of his/her children, Participant
hereby releases, covenant not to sue, discharge, and holds harmless the
Company, its employees, agents, and representatives, of and from the Claims,
including all liabilities, claims, actions, damages, costs or expenses of any
kind arising out of or relating thereto. Participant understands and agrees
that this release includes any Claims based on the actions, omissions, or
negligence of the Company, its employees, agents, and representatives, whether
a COVID-19 infection occurs before, during, or after participation in the
Company’s photo/video shoot.