RELEASE AND WAIVER OF LIABILITY BY PARTICIPANT/PARENT OF PARTICIPATING MINOR IN FAVOR OF WOMANISH LLC.
In consideration for being permitted to participate in the activities that WOMANISH LLC. will provide and/or being provided access to and use of its premises, I, on behalf of myself and my participating minor child/children, if any, agree to the following:
- ACTIVITIES, USE OF PREMISES, AND ASSUMPTION OF RISK. I understand that the activities that WOMANISH LLC will provide and in which I and/or my minor child/children, if any, will participate may involve risks. Those risks may include slipping, falling, injury from falling objects, fainting from helium, and allergic reactions, may be inherently dangerous, and can cause serious or grievous illness or injuries, including serious bodily injury such as broken bones or concussion, catastrophic injury, such as paralysis, or death. I have explained these risks to my participating minor child/children, if any. In spite of the risks mentioned above, I freely want to participate and want my child/children, if any, to participate in the activities provided by WOMANISH LLC. I understand that these activities may not be supervised and that, in the event of injury, medical services may not be readily available. Neither my participating minor child/children, if any, nor I are suffering from any mental, emotional, or physical condition precluding participation in any activities that WOMANISH llc will provide. I, on behalf of myself and my participating minor child/children, if any, assume all of the risks of participating in any activities provided by WOMANISH LLC and/or on its premises.
- RELEASE AND WAIVER OF LIABILITY. I, on behalf of myself and my participating minor child/children identified below, if any, hereby WAIVE AND RELEASE WOMANISH LLC and its agents, employees, officers, directors, affiliates, successors and assigns of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities of every kind and nature, whether known or unknown, in law or equity, that I or my participating minor child/children, if any, ever had or may have, arising from or in any way related to my or their participation in any of the activities provided by, on the premises of, or for the benefit of WOMANISH LLC This release and waiver of liability applies to all acts of ordinary negligence but does not apply to any acts of gross negligence or intentional, willful, or wanton misconduct.
- COVENANT NOT TO SUE. I, on behalf of myself and my participating minor child/children, if any, agree not to sue WOMANISH LLC or any of its agents, employees, officers, directors, affiliates, successors or assigns, or initiate or assist in the prosecution of any claim for damages or cause of action against any of them, which I, on behalf of myself or my participating minor child/children, if any, may have as a result of any personal injury, death, or property damage that I or my participating minor child/children, if any, may sustain by participating in any activities provided by WOMANISH LLC and/or on its premises.
- INDEMNIFICATION. I, on behalf of myself and my participating minor child/children, if any, agree to indemnify and hold harmless WOMANISH LLC and its agents, employees, officers, directors, affiliates, successors and assigns from any and all liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) made by other individuals or entities as a result of my or my participating minor child’s/children’s actions in connection with any activities provided by WOMANISH LLC and/or on its premises.
- LOST, DAMAGED, AND STOLEN ITEMS. WOMANISH LLC. has no responsibility for lost, damaged, or stolen items.
- PHOTOGRAPHS AND VIDEOTAPE. I, on behalf of myself and my participating minor child/children, if any, grant WOMANISH LLC the right to photograph, videotape, and/or record me and/or my participating minor child/children, if any, and to use my and my participating minor child’s/children’s name, face, likeness, voice, and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation, and I, on behalf of myself and my participating minor child/children, waive any right to royalties or other compensation arising from any such use.
- GUEST CONTENT. If Guest creates, uploads, posts or sends any photographs, audio recordings, or video footage depicting or relating to WOMANISH LLC, 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 WOMANISH LLC for any commercial purpose without the Company’s prior written consent.
- FITNESS AND RESPONSIBLE BEHAVIOR. Guest represents that Guest (and any children or other people under Guest’s responsibility or control): (a) is not under the influence of any alcohol, drugs or medications that would alter their senses or judgment, (b) is not aware of any physical, emotional, or other condition such as claustrophobia, a heart condition, back condition, history of seizures, and/or sensitivity toward flashing lights that would create a hazard to Guest or others as a result of experiencing WOMANISH LLC; (c) is physically fit and able to undertake conditions involved in experiencing WOMANISH LLC; and (d) will act responsibly during his or her visit to WOMANISH LLC.
- EMERGENCY MEDICAL CARE. Guest authorizes and consents to emergency medical care and transportation to obtain treatment in case of injury, as the Company may deem appropriate. Guest expressly agrees to be financially responsible for such care and acknowledges that Guest is solely responsible for carrying his or her own health insurance. The waiver and release of liability in this Agreement extends to any liability arising out of or in any way connected with any such medical treatment and transportation Guest receives or any failure to provide such treatment or transportation, whether arising from the negligence of any of the Releasees or otherwise.
- SUCCESSORS AND ASSIGNS. This RELEASE AND WAIVER OF LIABILITY is binding on my and my participating minor child’s/children’s successors and assigns, including any spouses, heirs, executors, administrators, and legal representatives.
- GOVERNING LAW AND VENUE. This RELEASE AND WAIVER OF LIABILITY shall be governed by and interpreted in accordance with the laws of the State of Illinois, without giving effect to the principles of conflicts of law. Any action arising out of this RELEASE AND WAIVER OF LIABILITY must be brought exclusively in any state or federal court located in Cook County.
- INTERPRETATION OF AGREEMENT. This RELEASE AND WAIVER OF LIABILITY shall be construed broadly to provide a release and waiver to the fullest extent permissible under applicable law. The failure of WOMANISH LLC to enforce any provision of this RELEASE AND WAIVER OF LIABILITY 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 RELEASE AND WAIVER OF LIABILITY.
- SEVERABILITY. If any provision or portion of this RELEASE AND WAIVER OF LIABILITY shall be held to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
14.. ENTIRE AGREEMENT. This RELEASE AND WAIVER OF LIABILITY contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this RELEASE AND WAIVER OF LIABILITY. The provisions of this RELEASE AND WAIVER OF LIABILITY 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 RELEASE AND WAIVER OF LIABILITY 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, WOMANISH LLC.
- MISCELLANEOUS. This Agreement states the complete understanding as to its subject matter, and may only be modified (or any provision waived) by a writing signed by the parties. Guest understands this Agreement is legally binding on Guest, and Guest’s heirs, personal representatives, and assigns, and all matters arising from, relating to, or connected will be governed by and interpreted under the laws of the State of Illinois, without regard for any principles that would cause the application of the laws of any other jurisdiction. Any claim or action (regardless of form) connected with, arising from, or relating to this Agreement or WOMANISH LLC will be filed only in a federal or state court located in the County of Chicago, State of Illinois, and the Company and Guest irrevocably consent and submit to the personal jurisdiction of such courts and waive any claim that such courts are an inconvenient forum or venue.
- CONSENT TO ELECTRONIC TRANSACTIONS. Guest hereby consents to contracting and transacting electronically. Electronic signatures, whether digital or encrypted, are intended to authenticate this Agreement and to have the same force and effect as manual signatures. To be clear, Guest will be deemed to have consented to the terms of this Agreement by purchasing a ticket to or entering WOMANISH LLC. Guest hereby consents that marking that they have read, understand, and agree to this agreement constitutes an electronic signature and consent to abide by the terms of the agreement.
- PARENT/GUARDIAN CONSENT FOR GUESTS UNDER THE AGE OF 18. Guest agrees that he or she is over the age of 18 and/or the parent or guardian of a Guest that is under the age of 18 (“Minor”). If Guest is a parent or guardian of a Minor, Guest acknowledges and agrees that: (a) Guest consents to the Minor entering into this Agreement; (b) Guest guarantees that the Minor will not at any time disaffirm this Agreement by reason of the Minor’s age, capacity or otherwise; and (c) Guest, on behalf of Guest, the Minor and the Minor’s heirs, family members, executors or administrators, releases and holds harmless the Releasees from any and all liabilities incident to the Minor’s WOMANISH LLC’S experience, as provided in this Agreement, even if arising from the negligence of the Releasees, to the fullest extent permitted by law.
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 WOMANISH LLC. 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 WOMANISH LLC AND ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, SUCCESSORS AND ASSIGNS IN CONNECTION WITH OR IN DEFENSE OF SUCH ACTION OR CLAIM. I HAVE SIGNED THIS AGREEMENT FREELY, VOLUNTARILY, AND UNDER NO DURESS OR THREAT OF DURESS.