RELEASE AND WAIVER OF LIABILITY
Academics' Choice – Volunteer Product Evaluator
(THIS IS A LEGAL DOCUMENT. PLEASE READ THE ENTIRE DOCUMENT CAREFULLY.)
This Release and Waiver of Liability (the "Release") is being given by you, as a volunteer product evaluator, in favor of Academics' Choice, its affiliates, associates, representatives and agents and each of their directors, officers and employees (referred to as "Academics' Choice").
I desire to participate in one or more product evaluations either partially or wholly sponsored by Academics' Choice (the "Product Evaluation"). In consideration for receiving permission to participate in the Product Evaluation, and for other good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably and unconditionally warrant and agree, without duress, to the following terms:
1. STATUS AND RELATIONSHIP. I hereby certify that I am over the age of majority (the age that children become adults by law) in my jurisdiction of residence and am fully competent to agree to this Release. I warrant that I am physically and mentally able to fully participate in the Product Evaluation. I further certify that I am not employed by Academics' Choice and that participation in the Product Evaluation is purely voluntary and at my own risk.
2. NO WARRANTY. I understand that Academics' Choice is not the manufacturer, distributor or supplier of the product(s) involved in the Product Evaluation. I further understand and agree that Academics' Choice is not providing any warranty, representation or guarantee with respect to the product(s) involved in the Product Evaluation, including but not limited to with respect to the suitability, condition, quality or safety of the product(s) involved in the Product Evaluation. I am not relying upon any oral or written representations, statements or inducements made by Academics' Choice with respect to the suitability, condition, quality or safety of the product(s) involved in the Product Evaluation and the preparation for, and participation in, the Product Evaluation. Nothing in this Release shall be considered to be an admission of liability or wrongdoing on the part of Academics' Choice.
3. ASSUMPTION OF THE RISK. I am fully aware of the risks and hazards associated with the Product Evaluation, including but limited to the risk of loss, damage, personal injury, illness, death and/or property damage to me, my family and/or third parties. I understand and I have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume those risks. I expressly and specifically assume full responsibility for any and all loss, damage, personal injury, illness, death or property damage that may result to me, my family and/or any third party arising out of my participation in the Product Evaluation (including, without limitation, travel to or from, or while at the premises where the Product Evaluation is being conducted, if applicable), whether caused by the negligence of Academics' Choice or otherwise.
4. WAIVER AND RELEASE. I hereby release, waive, agree not to sue, forever discharge and hold harmless Academics' Choice and its successors and assigns from any and all liability, claims, demands, expenses, liens, damages, suits, debts, actions and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to my participation in the Product Evaluation or any activity associated with or facilitating that participation. I understand and acknowledge that this Release discharges Academics' Choice from any liability or claim that I may have against Academics' Choice with respect to any loss, damage, personal injury, illness, death or property damage that may result to me, my family and/or any third party from my participation in the Product Evaluation, or otherwise, while participating in such activity, or while travelling to or from or being in, on or upon the premises where the Product Evaluation is being conducted, whether caused by the negligence of Academics' Choice or otherwise. I also understand and agree that this Release may be raised by Academics' Choice as an estoppel and may be a complete bar and defence to any such claim, demand, expenses, lien, damage, suit, debt, action and cause of action that I attempt to make against Academics' Choice arising out of or relating to the Product Evaluation or any activity associated with or facilitating that participation.
5. I hereby grant to Academics' Choice and the Academics' Choice Clients and their agents, affiliates, successors and assigns the irrevocable right and license to use the Content. I understand that, among other things, this means that I irrevocably grant to Academics' Choice and the Academics' Choice Clients, and those acting under their authority, the right to use the Content in any and all forms and media, including but not limited to television, online platforms (including but not limited to social media sites such as Facebook and Instagram), and product packaging, and in all manners, including composite or distorted representations, for advertising, trade, promotional, marketing or any other lawful purposes throughout the world, in perpetuity. I hereby waive any rights of publicity or privacy or any other rights (including so called "moral rights") with respect to the use of the Content.
6. I waive any right to inspect or approve any use to which the Content may be applied by Academics' Choice or any Academics' Choice Clients. I understand and agree that the Content may or may not be used by Academics' Choice or any Academics' Choice Clients in their sole and absolute discretion, in any manner whatsoever.
7. INDEMNIFICATION. I hereby agree to indemnify and hold harmless Academics' Choice from any claims, litigation, other legal proceedings, judgments, obligations, losses, penalties, expenses (including, without limitation, court costs and legal fees) and damages of any kind imposed upon, incurred by or asserted against Academics' Choice resulting from or arising out of my participation in the Product Evaluation, or any activity associated with or facilitating that participation, whether caused by the negligence of Academics' Choice or otherwise.
8. INSURANCE. I understand and agree that Academics' Choice does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or insurance, in the event of any loss, damage, personal injury, illness, death or property damage. I also understand and agree that Academics' Choice does not maintain any insurance policy covering any circumstance arising from my participation in the Product Evaluation or any activity associated with or facilitating that participation. As such, I understand and agree that I should review my personal insurance portfolio for such coverage.
9. TERMINATION AND RECOVERY OF PRODUCTS. I understand that Academics' Choice reserves the right to instruct me to return the product(s) being evaluated and to cease Product Evaluation activities for any reason and I agree to comply with those instructions immediately upon receipt.
10. CONFIDENTIALITY. I hereby agree that any dispute resolved by this Release shall remain confidential and shall not be disclosed by me except to the extent compelled by law or as otherwise agreed to in writing by Academics' Choice, provided that it will not be a violation of this paragraph to make necessary disclosure to my immediate family or to my legal professional advisors so long as they also agree in writing to Academics' Choice to abide by the terms of this paragraph.
11. BINDING EFFECT. It is my express intent that this Agreement be effective and binding upon myself, my child(ren), spouse, members of my family and all of our respective next of kin, heirs, executors, administrators, assigns and personal representatives.
12. GOVERNING LAW. I understand that this Release is intended to be as broad and inclusive as permitted under the laws of the United States and California, and that this Release shall be governed by and interpreted in accordance with the laws of the United States and California applicable therein. Any litigation involving this Release or the subject matter hereof shall be brought solely within California, United States and shall be within the exclusive jurisdiction of the Courts of California in the United States. In the event that any clause or provision of this Release shall be held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provision of this Release which shall continue to be in full legal force and effect.
I AM AWARE THAT BY AGREEING TO THIS RELEASE, I AM WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MEMBERS OF MY FAMILY AND ALL OF OUR RESPECTIVE NEXT OF KIN, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS AND PERSONAL REPRESENTATIVES), INCLUDING THE GIVING UP OF MY RIGHT TO SUE, WHICH I MAY HAVE AGAINST ACADEMICS' CHOICE.
Academics' Choice – Volunteer Product Evaluator
(THIS IS A LEGAL DOCUMENT. PLEASE READ THE ENTIRE DOCUMENT CAREFULLY.)
This Release and Waiver of Liability (the "Release") is being given by you, as a volunteer product evaluator, in favor of Academics' Choice, its affiliates, associates, representatives and agents and each of their directors, officers and employees (referred to as "Academics' Choice").
I desire to participate in one or more product evaluations either partially or wholly sponsored by Academics' Choice (the "Product Evaluation"). In consideration for receiving permission to participate in the Product Evaluation, and for other good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably and unconditionally warrant and agree, without duress, to the following terms:
1. STATUS AND RELATIONSHIP. I hereby certify that I am over the age of majority (the age that children become adults by law) in my jurisdiction of residence and am fully competent to agree to this Release. I warrant that I am physically and mentally able to fully participate in the Product Evaluation. I further certify that I am not employed by Academics' Choice and that participation in the Product Evaluation is purely voluntary and at my own risk.
2. NO WARRANTY. I understand that Academics' Choice is not the manufacturer, distributor or supplier of the product(s) involved in the Product Evaluation. I further understand and agree that Academics' Choice is not providing any warranty, representation or guarantee with respect to the product(s) involved in the Product Evaluation, including but not limited to with respect to the suitability, condition, quality or safety of the product(s) involved in the Product Evaluation. I am not relying upon any oral or written representations, statements or inducements made by Academics' Choice with respect to the suitability, condition, quality or safety of the product(s) involved in the Product Evaluation and the preparation for, and participation in, the Product Evaluation. Nothing in this Release shall be considered to be an admission of liability or wrongdoing on the part of Academics' Choice.
3. ASSUMPTION OF THE RISK. I am fully aware of the risks and hazards associated with the Product Evaluation, including but limited to the risk of loss, damage, personal injury, illness, death and/or property damage to me, my family and/or third parties. I understand and I have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume those risks. I expressly and specifically assume full responsibility for any and all loss, damage, personal injury, illness, death or property damage that may result to me, my family and/or any third party arising out of my participation in the Product Evaluation (including, without limitation, travel to or from, or while at the premises where the Product Evaluation is being conducted, if applicable), whether caused by the negligence of Academics' Choice or otherwise.
4. WAIVER AND RELEASE. I hereby release, waive, agree not to sue, forever discharge and hold harmless Academics' Choice and its successors and assigns from any and all liability, claims, demands, expenses, liens, damages, suits, debts, actions and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to my participation in the Product Evaluation or any activity associated with or facilitating that participation. I understand and acknowledge that this Release discharges Academics' Choice from any liability or claim that I may have against Academics' Choice with respect to any loss, damage, personal injury, illness, death or property damage that may result to me, my family and/or any third party from my participation in the Product Evaluation, or otherwise, while participating in such activity, or while travelling to or from or being in, on or upon the premises where the Product Evaluation is being conducted, whether caused by the negligence of Academics' Choice or otherwise. I also understand and agree that this Release may be raised by Academics' Choice as an estoppel and may be a complete bar and defence to any such claim, demand, expenses, lien, damage, suit, debt, action and cause of action that I attempt to make against Academics' Choice arising out of or relating to the Product Evaluation or any activity associated with or facilitating that participation.
5. I hereby grant to Academics' Choice and the Academics' Choice Clients and their agents, affiliates, successors and assigns the irrevocable right and license to use the Content. I understand that, among other things, this means that I irrevocably grant to Academics' Choice and the Academics' Choice Clients, and those acting under their authority, the right to use the Content in any and all forms and media, including but not limited to television, online platforms (including but not limited to social media sites such as Facebook and Instagram), and product packaging, and in all manners, including composite or distorted representations, for advertising, trade, promotional, marketing or any other lawful purposes throughout the world, in perpetuity. I hereby waive any rights of publicity or privacy or any other rights (including so called "moral rights") with respect to the use of the Content.
6. I waive any right to inspect or approve any use to which the Content may be applied by Academics' Choice or any Academics' Choice Clients. I understand and agree that the Content may or may not be used by Academics' Choice or any Academics' Choice Clients in their sole and absolute discretion, in any manner whatsoever.
7. INDEMNIFICATION. I hereby agree to indemnify and hold harmless Academics' Choice from any claims, litigation, other legal proceedings, judgments, obligations, losses, penalties, expenses (including, without limitation, court costs and legal fees) and damages of any kind imposed upon, incurred by or asserted against Academics' Choice resulting from or arising out of my participation in the Product Evaluation, or any activity associated with or facilitating that participation, whether caused by the negligence of Academics' Choice or otherwise.
8. INSURANCE. I understand and agree that Academics' Choice does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or insurance, in the event of any loss, damage, personal injury, illness, death or property damage. I also understand and agree that Academics' Choice does not maintain any insurance policy covering any circumstance arising from my participation in the Product Evaluation or any activity associated with or facilitating that participation. As such, I understand and agree that I should review my personal insurance portfolio for such coverage.
9. TERMINATION AND RECOVERY OF PRODUCTS. I understand that Academics' Choice reserves the right to instruct me to return the product(s) being evaluated and to cease Product Evaluation activities for any reason and I agree to comply with those instructions immediately upon receipt.
10. CONFIDENTIALITY. I hereby agree that any dispute resolved by this Release shall remain confidential and shall not be disclosed by me except to the extent compelled by law or as otherwise agreed to in writing by Academics' Choice, provided that it will not be a violation of this paragraph to make necessary disclosure to my immediate family or to my legal professional advisors so long as they also agree in writing to Academics' Choice to abide by the terms of this paragraph.
11. BINDING EFFECT. It is my express intent that this Agreement be effective and binding upon myself, my child(ren), spouse, members of my family and all of our respective next of kin, heirs, executors, administrators, assigns and personal representatives.
12. GOVERNING LAW. I understand that this Release is intended to be as broad and inclusive as permitted under the laws of the United States and California, and that this Release shall be governed by and interpreted in accordance with the laws of the United States and California applicable therein. Any litigation involving this Release or the subject matter hereof shall be brought solely within California, United States and shall be within the exclusive jurisdiction of the Courts of California in the United States. In the event that any clause or provision of this Release shall be held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provision of this Release which shall continue to be in full legal force and effect.
I AM AWARE THAT BY AGREEING TO THIS RELEASE, I AM WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MEMBERS OF MY FAMILY AND ALL OF OUR RESPECTIVE NEXT OF KIN, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS AND PERSONAL REPRESENTATIVES), INCLUDING THE GIVING UP OF MY RIGHT TO SUE, WHICH I MAY HAVE AGAINST ACADEMICS' CHOICE.
