Digital liability waiver- a shining waiver software in the swimming business.

PARTICIPANT RELEASE, WAIVER AND COVENANT NOT TO SUE

This Participant Release, Waiver and Covenant Not to Sue (“Release”) is between the undersigned participant (“Participant”) and The Cartoon Network, Inc. on behalf of its Adult Swim block of programming (collectively, along with its parent, subsidiaries and affiliates, and their respective contractors and agencies, “Adult Swim”) in consideration of your opportunity to participate in the 2019 Adult Swim Your Pretty Face is Going to Hell on-site face painting  and prop activity at C2E2 (collectively, “Event”), and for other good and valuable consideration, the adequacy of which Participant hereby acknowledges.

Participant agrees that he/she is at least 18 years old (or at least the age of majority recognized in Participant’s state of residence, if older) and further agrees to the following: 

1.     Inherent Risks:  Participant acknowledges and agrees that the Event contains inherent risks and hazards, and that the Event may not be suitable for certain individuals and/or which could cause personal injury, illness, death and/or or damage to property. Those risks and hazards include, without limitation:              

* Latex, shellfish and other allergens                             * Acts/omissions of other participants

 * Failure to follow announced safety guidelines 

Adult Swim and/or its Event staff reserve the right, in their sole discretion, to deny Event participation to anyone or remove anyone from the Event, for safety or other reasons. Participant agrees to obey all on-site activation rules, guidelines and instructions or will be denied participation and/or may be ejected from the Event area.  

2. Consent to Medical Treatment:

Participant agrees that he/she is in good health and in proper physical condition to participate in the Event. If Participant has any medical conditions that may adversely affect his/her participation in the Event, Participant agrees that he/she will not participate in the Event. If Adult Swim or its event staff believe that Participant may need medical assistance of any kind, Participant hereby appoints such staff as his/her agent and attorney-in-fact with full power and authority to authorize and/or employ any physician, nurse, first responder or other medical professional, person, clinic or hospital (collectively, “Healthcare Provider”) to examine, diagnose and treat yourself, including, without limitation, the utilization of any medicines or emergency surgical procedures, which such Healthcare Provider believes necessary under the circumstances.

3. Release/Waiver/Covenant Not to Sue; No Injunctive Relief/Waiver of Certain Rights:

In consideration of Participant’s participation in the Event, Participant, on behalf of himself/herself, Participant’s spouse or partner (if any), and each of Participant’s respective past, present, and future heirs, executors, estates, administrators, trustees, agents, representatives, and assigns (collectively “Releasors”), hereby irrevocably RELEASE, AGREE TO HOLD HARMLESS, WAIVE, AND DISCHARGE ANY AND ALL LIABILITY of Adult Swim and each of its agencies, advertisers and sponsors, and each of their respective past, present and future parents, subsidiaries, and affiliates and their respective past, present and future officers, directors, employees, contractors, volunteers, insurers, licensees, agents, representatives, successors and assigns (collectively, the “Released Parties”), from any and all claims, demands, lawsuits, obligations, losses, damages, costs (including, without limitation, attorneys’ fees), and/or causes of action of any nature, (including, without limitation, claims for injunctive relief), whether arising from, without limitation, the sole or partial negligence of the Released Parties, which Releasors may have in connection with Participant’s participation in the Event, including, without limitation, those arising from any alleged personal injury (including, without limitation, death), loss of consortium, property damage or loss, libel, slander, defamation, infringement of any right of publicity, invasion of privacy, false association or false endorsement, or  exercise of any rights granted herein (collectively “Claims”).  On behalf of the Releasors and Participant, Participant further hereby irrevocably and unconditionally acquit, COVENANT AND AGREE NOT TO SUE OR INSTITUTE ANY OTHER ACTION OR CLAIM, whether for damages or equitable relief, against the Released Parties for any Claims arising from the Event.

It is the intent of the parties hereto for Participant to provide the broadest release and discharge of liability possible under the law in accordance with the release set forth above.  To that end, Participant expressly waives and relinquish any and all provisions, rights and benefits conferred by any law of the United States or of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

The parties further acknowledge and agree that this waiver is an essential and material term of this Release, and without such waiver the Release would not have been entered into.  Participant further states that he/she understands and acknowledges the significance and consequence of this specific waiver of Section 1542.

4. Agreement to Indemnify: Participant agrees to indemnify, defend and hold harmless the Released Parties from all claims, including, but not limited to, third-party complaints, demands, costs, including medical bills, attorneys fees, loss of services, expenses, and compensation of whatsoever kind and nature, arising from or on account of any claims, demands, rights, and causes of action of whatsoever kind and nature, arising from or related to any known or unknown, foreseen or unforeseen, bodily and personal injuries, deaths, damage to property, or consequences thereof which result from Participant’s  participation in the Event regardless of whether the injuries, damage or consequences were caused by any acts or omissions (whether negligent or otherwise) committed or permitted by any of the Released Parties or by Participant. 

5. Right to Use Name/Voice/Likeness/Biographical Information: Participant grants to Adult Swim and its advertisers and sponsors an irrevocable, perpetual, worldwide, royalty-free right, (but not obligation) to make, use and exploit visual and/or audio recordings and still images of Participant (collectively, the “Recordings”) and to use Participant’s name, voice, likeness, and/or biographical information (collectively “Participant’s Persona”), in whole or in part in any and all media now or hereafter devised, including, without limitation, use of Participant’s Persona in the Recordings, in connection with the Event, in connection with any materials used  for the purpose of advertising and promoting the Event and/or in connection with any of the Released Parties’ businesses.  You agree that these rights include, without limitation, Adult Swim’s and its advertisers’ and sponsors’ right to edit, excerpt, display, distribute, telecast, stream, rerun, record, publish, reproduce, license, print, and/or otherwise use/exploit the Recordings and Participant’s Persona in its sole discretion without further compensation or notice to Participant, as well as an assignment to Adult Swim and its advertisers and sponsors of any interest Participant may have in any copyrightable content contained in the Recordings.

6. Jurisdiction: This Release shall be governed by the laws of the Illinois (without regard to its conflicts of laws provisions) and Participant acknowledges that any dispute arising hereunder must be brought in any federal, state or local court of competent jurisdiction in Cook County, Illinois and consents to the exclusive jurisdiction thereof.

7. General: The rights granted herein shall inure to the benefit of Adult Swim, its agency and advertisers and sponsors, and their respective licensees, successors and assigns. Nothing herein shall limit or derogate from Adult Swim’s rights as a member of the general public. Participant confirms that he/she has read, fully understands this Release, and is signing it freely and voluntarily.  This Release constitutes the entire agreement and understanding between the parties regarding the subject matter hereof and cancels and supersedes all prior or contemporaneous agreements, communications and understandings (whether written or oral) between the parties relating to the subject matter hereof. If any provision of this Release is held to be invalid or unenforceable, no other provision of this Release shall be affected as a result thereof, and the remaining provisions shall remain in full force and effect as though such invalid or unenforceable provision was not included herein. 

8. Personal Information: Any personal information collected from Participant in connection with this Release, including, without limitation, first and last name, email address, street address and phone number may be used to contact Participant in connection with this Release and  for the purposes set forth in Adult Swim’s Privacy Policy, which is available at http://www.adultswim.com/footer/legal/privacy.html.    

I have fully read and understood the terms and conditions of this Release. I have the authority to sign and agree that this Release binds myself to all terms hereof.  I acknowledge that I will provide a signature via an electronic method (including, but not limited to, signing via a tablet or mobile app). I further understand that providing my electronic signature on this Release will have the same binding effect as if I were providing an original handwritten signature, and that I will thereby be bound to the terms of this Release.