Liability Waiver
In consideration for gaining access to and engaging the services of Cali Party Productions LLC dba Wish Out Loud, including their respective members, managers, directors, officers, employees, agents, and representatives ("Wish Out Loud”), on behalf of myself, my spouse, children, parents/guardians, heirs, assigns, personal representatives, estate and insurers, if any, guests of my event/party, I agree as follows:
I acknowledge that my participation in a Wish Out Loud event and activities entails known and unanticipated risks that could result in physical or emotional injury, including, but not limited to, bodily injury or property damage. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the event and activities. I expressly agree and promise to accept and assume all the risks existing in such events and activities. My participation in such events and activities is purely voluntary, and I elect to participate notwithstanding such risks.
If I am injured, I acknowledge that I may require medical assistance, which I understand will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expenses. I UNDERSTAND THAT WISH OUT LOUD WILL NOT PAY FOR ANY COST OR EXPENSE INCURRED BY ME IF I AM INJURED UNLESS SUCH INJURY WAS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF WISH OUT LOUD.
I release and discharge Wish Out Loud of and from any and all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to Wish Out Loud’s resulting from my participation in a Wish Out Loud event or activities, other than directly and solely resulting from Wish Out Loud’s gross negligence or willful misconduct. Further, I shall not bring any claim, demand, lawsuit, legal or administrative action against Wish Out Loud in respect of any of the foregoing. Should Wish Out Loud be required to incur attorneys’ fees, expenses, or other costs to enforce this Agreement, I agree to indemnify and hold Wish Out Loud harmless for all such fees, expenses or other costs.
I certify that I can physically participate in all Wish Out Loud events and activities. I have been informed of the rules governing my participation in Wish Out Loud events and activities (the "rules”). Failure to follow the rules could result in being removed from such an event or activity.
If any term, condition or provision, or any portion of this Agreement is determined to be invalid or unenforceable under any statute or rule of law, such provision shall be enforced to the maximum extent possible to give effect thereto. The remainder of this Agreement shall remain in full force and effect to the maximum extent permissible without being impaired or invalidated in any way. This Agreement shall be governed by and construed under the laws of the State of California without regard to the conflict of laws provisions thereof.
Likeness Release
The undersigned hereby irrevocably consents to and authorizes the use by Cali Party Productions LLC, Cali Party Productions LLC dba Wish Out Loud, officers, employees, agents, and representatives ("Wish Out Loud”) of the undersigned’s name, image, voice and/or likeness as follows: Wish Out Loud shall have the right to photograph, video, record, publish, re-publish, adapt, exhibit, perform, reproduce, edit, modify, make derivative works, distribute, display or otherwise use or reuse the undersigned’s name, image, voice and/or likeness in connection with any product or service or in marketing, advertising or promoting such products or services, in all markets, media or technology, now known or hereafter developed, as long as there is no intent to use the image, voice and/or likeness disparagingly. Wish Out Loud may exercise any of these rights itself or through any successors, transferees, licensees, franchisees, distributors, or other parties, commercial or nonprofit. The undersigned acknowledges receipt of good and valuable consideration in exchange for this Release, which may simply be the opportunity to represent Wish Out Loud in its promotional, marketing and advertising materials as described above. Without limiting the generality of the foregoing, the undersigned acknowledges and agrees that Wish Out Loud does not owe him or her any compensation in connection with any of the activities or uses described in this Release.
I represent that I am a parent/guardian of the minor whose name appears below or that I have been granted power of attorney to sign this Agreement on behalf of the parent/guardian of such minor and that in that capacity, Wish Out Loud has my consent and authorization to use the name, voice and/or likeness as described above. In the event that I do not have the requisite authority to sign this Agreement on behalf of the minor listed below, I agree that I shall be solely liable for any and all actions, causes of actions, penalties, claims, costs, services, compensation or the like resulting from this misrepresentation.
COVID-19
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Cali Party Productions LLC dba Wish Out Loud has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Cali Party Productions LLC dba Wish Out Loud cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Cali Party Productions LLC dba Wish Out Loud’s members, managers, directors, officers, employees, agents and representatives ("Wish Out Loud”) and other clients and their families.
I voluntarily seek services provided by Cali Party Productions LLC dba Wish Out Loud and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
* I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus or COVID-19 and have not yet been cleared as non-contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Cali Party Productions LLC dba Wish Out Loud harmless from, and waive on behalf of myself, my heirs, guests of my hosted event/party and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that any act may cause, or failure to act of the hosted event, or that may otherwise arise in any way in connection with any services received from Cali Party Productions LLC dba Wish Out Loud. I understand that this release discharges Cali Party Productions LLC dba Wish Out Loud from any liability or claim that I, my heirs, or any personal representatives may have against the hosted event with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Cali Party Productions LLC dba Wish Out Loud. This liability waiver and release extends to the hosted event together with all owners, partners, and employees.
By signing this Agreement, I acknowledge that I have had sufficient opportunity to read this entire Agreement and voluntarily agree to be bound by its terms.