KPop Highway Radio USA - College Event Waiver
1. AGREEMENT AND ACCEPTANCE. This agreement (the “Agreement”) is between KPop Highway Radio USA, Ltd., a Nevada limited liability company (“Company”) and you. Please read this Agreement carefully. By replying back to this email confirming your acceptance of this Agreement with words such as “I agree” or “I confirm”, you are agreeing to be bound by this Agreement.
2. ELECTIVE PARTICIPATION. I, as a college student club sponsor, and all other participants (such as the students in my club) (individually, and collectively “Participants”) have voluntarily elected to participate in a college event sponsored by Company, during which I will receive a gift card to be used solely to purchase pizza for the Participants, and the Participants will also possibly receive other materials supplied by Company to assist your club with having a pizza party (hereinafter referred to as the “Activity”).
3. ASSUMPTION OF RISK. I knowingly and voluntarily assume full responsibility on behalf of myself and all Participants for any risks, injuries, and/or damages, (known or unknown), which the Participants might incur as a result of participating in the Activity, even if arising from the negligence of Company, its directors, officers, employees, agents, successors, and assigns (individually, and collectively “Releasees”), or the negligent or willful acts of Participants in the Activity.
4. RELEASE AND WAIVER OF LIABILITY. In consideration of my participation in the Activity, I, on behalf of myself, the Participants, and our personal representatives, heirs, executors, administrators, agents, and assigns, hereby release, waive, discharge, and covenant not to sue the Releasees for any liability, including any claims, demands, causes of action, (known or unknown), suits, or judgments of any kind (including attorneys’ fees), arising from any injury, property damage, or death that the Participants may suffer as a result of our voluntary participation in the Activity, regardless of whether the injury, damage, or death is caused by the negligence of the Releasees or otherwise. I, on behalf of myself and all Participants, expressly waive all of our rights and the rights of our personal or legal representatives, assigns, and heirs, under Section 1542 of the California Civil Code (which section reads as follows below) and similar laws of other applicable jurisdictions, if any: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
5. INDEMNIFICATION. I, on behalf of myself and all Participants, our personal representatives, heirs, executors, administrators, agents, and assigns, hereby agree to at all times indemnify and hold Releasees harmless against any claims, demands, and damages (including attorneys’ fees, expert fees, expenses, and court costs) arising out of or connected with any injury, property damage, or death as a result of participating in the Activity, whether or not an action is actually commenced, regardless of whether the injury, damage, or death is caused by the negligence of the Releasees or otherwise.
6. GENERAL. This Agreement contains the entire understanding of the parties. No change to this Agreement will be binding unless made by an instrument signed by the party to be charged. The validity, construction, and performance of this Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws provisions. I, on behalf of myself and all Participants, consent and submit to personal jurisdiction in the County of Los Angeles regarding any dispute arising out of this Agreement. In the event of a dispute between the parties, the prevailing party shall be entitled to reimbursement for the reasonable cost of attorneys’ fees in connection therewith. I, on behalf of myself and all Participants, expressly agree that the foregoing release and waiver of liability is intended to be as broad and as inclusive as is permitted by applicable law and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I am at least eighteen years old, represent that I have the authority to agree to this Agreement on behalf all Participants, and I hereby agree that all the Participants shall be bound thereby. I have carefully read and fully understand this Agreement.