Passion Dallas, LLC
Participation Agreement, Unconditional Waiver, Release of Liability, Agreement Not to Sue, Indemnification, and Consent and Release for Use of Images/Likeness
1. I hereby enter into this Participation Agreement, Unconditional Waiver, Release of Liability, Indemnification, Agreement Not to Sue, and Consent to Use Images with Passion Dallas, LLC (this “Agreement”).
2. By this Agreement, I agree to pay the non-refundable sum to Passion Dallas, LLC (the “Participation Fee”) in order to participate in events organized by and/or to obtain benefits offered by or through Passion Dallas, LLC (collectively, the “Benefits”) during the 12 month calendar term beginning at the time of consent of this contract and ending one year from this date.
3. I fully understand and agree that: (a) my payment of the Participation Fee only provides me with the opportunity to participate in and/or to obtain the Benefits during the Term; (b) Passion Dallas, LLC has not made any representations, warranties, or promises to me about the source, sponsorship, approval, quality, quantity, characteristics, benefits, uses, or value of the Benefits; (c) the Benefits are identified on Exhibit A attached to this Agreement, and the Benefits may be changed, modified, or altered by Passion Dallas, LLC, in its sole discretion, at any time, without notice to me; (d) this Agreement does not in any manner grant, award, gift, or convey to me any ownership in Passion Dallas, LLC or its property, whether real, personal, business, or intellectual, or any rights to participate in the management of any matters involving Passion Dallas, LLC or the Benefits; (e) this Agreement may be terminated at any time by Passion Dallas, LLC or me, with or without cause, and in the event of any termination of this Agreement, I shall not receive a refund of any portion of the Participation Fee; and (f) notice of termination of this Agreement may be made by Passion Dallas, LLC or me in writing or verbally.
4. Unconditional Waiver, Release of Liability, and Agreement Not to Sue: In consideration of the opportunity to participate in and/or to obtain the Benefits during the Term, I agree to assume full responsibility for all dangers, hazards, and risks relating in any manner to the Benefits, whether known or unknown, and I agree to waive, release, DISCHARGE, and covenant not to sue Passion Dallas, LLC, as well as its managers, members, officers, agents, representatives, employees and/or volunteers (collectively, the “Released Parties”), from and against any and all liabilities, claims, demands, actions, causes of action, suits in equity, whatsoever arising out of or related to any loss, damage, or injury, including death, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, that may be sustained by me in conjunction with the Benefits or any related activities.
5. INDEMNIFICATION: In consideration of the opportunity to participate in and/or to obtain the Benefits during the Term, I agree to indemnify AND HOLD HARMLESS the Released Parties from any and all liabilities, claims, demands, actions, causes of action, or suits in equity arising out of loss, damage, or injury, including death, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, that may be sustained by me in conjunction with the Benefits or any related activities.
6. CONSENT AND Release for Use of Images/Likeness: In consideration of the opportunity to participate in and/or to obtain the Benefits during the Term, I grant to Passion Dallas, LLC the right and permission to use or publish photographs, videos, or other images taken of me in connection with my participation in the Benefits, and I authorize Passion Dallas, LLC to copyright, use, and publish the same in print and/or electronically. I agree that Passion Dallas, LLC may use such photographs and video of me for any lawful purpose, including but not limited to publicity, illustration, promotion, advertising, and electronic publication. I also agree to waive any and all rights to inspect or approve Passion Dallas, LLC’s use of such photographs, videos, or other images, and I RELEASE AND DISCHARGE Passion Dallas, LLC from any and all claims of libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to Passion Dallas, LLC’s use of such photographs, videos, or other images.
7. This Agreement constitutes the entire agreement between Passion Dallas, LLC and me, and any prior discussions, negotiations, and/or agreements pertaining to the subject matter hereof are merged into this Agreement. I expressly disclaim any reliance on any facts, promises, or representations made by Passion Dallas, LLC not specifically stated in this Agreement. Any changes, modifications, or alterations to this Agreement must be in writing, signed by Passion Dallas, LLC. Waiver by Passion Dallas, LLC of any terms of this Agreement or waiver of any breach hereof must be in writing, signed by Passion Dallas, LLC. It is my express intent that this Agreement shall bind me, the other members of my family and spouse, if I am alive, and my estate, family, heirs, administrators, personal representatives, or assigns, if I am deceased.
8. In signing this Agreement, I acknowledge and represent that I have carefully read the document and understand its contents and that I sign as my own free act and deed. I further state that I am at least eighteen (18) years of age and fully competent to sign and that I have executed this Agreement for full, adequate, and complete consideration fully intending to be bound by the same.
9. I further agree that all matters arising out of or relating to this release shall be governed by the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any dispute arising under this release may be brought only in the federal and state courts located in Dallas County, Texas, and I hereby irrevocably consent to the exclusive jurisdiction of such courts. If any term or provision of this Agreement shall be deemed to be illegal, unenforceable, or in conflict with any law, then the validity of the remaining portions of this Agreement shall not be affected thereby.
PLEASE READ CAREFULLY BEFORE SIGNING
THIS DOCUMENT INVOLVES THE WAIVER OF LEGAL RIGHTS