COVID-19 COURSE PROGRAM WAIVER & RELEASE AGREEMENT
The Undersigned is taking part in a COVID-19 cleaning marketing and sales consulting program being provided by RESTORATION MASTERY, LLC., that may include written materials, events, communications (both telephonic and digital means), and/or meetings (hereinafter collectively the “Program”), and herein agrees to the following:
1. DISCLAIMERS & ASSUMPTION OF RISK:
1.1. I EXPRESSLY UNDERSTAND THAT:
(i) IF I PERFORM ANY COVID-19 VIRUS CLEANING SERVICES TO THE PUBLIC, IT IS OF MY OWN CHOOSING, AT MY OWN RISK AND WITHOUT ANY SUGGESTION BY RESTORATION MASTERY, LLC;
(ii) ENGAGING IN COVID-19 VIRUS CLEANING SERVICES IS A DANGEROUS ACTIVITY THAT WILL EXPOSE MYSELF, AND THOSE ASSOCIATED WITH ME, TO PERSONAL INJURY, ILLNESS AND DEATH; AND
(iii) ENGAGING IN COVID-19 VIRUS CLEANING SERVICES CAN, AND LIKELY WILL, RESULT IN THIRD PARTY CLAIMS & LAWSUITS AGAINST ME AND ANY ENTITIES ASSOCIATED WITH ME. I EXPRESSLY ASSUME ANY AND ALL RISKS RELATED TO AND/OR ASSOCIATED WITH MY COVID-19 VIRUS CLEANING SERVICES AND THE PROGRAM (INCLUDING MY USE OR APPLICATION OF THE PROGRAM OR ANY MATERIALS AND INFORMATION RELATED THERETO).
1.2. I EXPRESSLY UNDERSTAND THAT RESTORATION MASTERY, LLC, MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE PROGRAM, INCLUDING WHETHER THE PROGRAM WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT ANY POTENTIAL RESULTS WILL BE ACHIEVED FROM THE PROGRAM.
1.3. I EXPRESSLY UNDERSTAND THAT INFORMATION REGARDING THE COVID-19 VIRUS IS CONSTANTLY CHANGING AND RESTORATION MASTERY, LLC, MAKES NO GUARANTEES OR PROMISES REGARDING:
(i) THE REMOVAL OR ERADICATION OF COVID-19; AND/OR
(ii) THE ONGOING FUTURE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED PURSUANT TO THE PROGRAM. I WILL CONTINUALLY CHECK FOR NEW INFORMATION AND UPDATES REGARDING COVID-19 (INCLUDING ANY APPLICABLE GUIDELINES, PROTECTIONS OR PRODUCTS) FROM THE CENTERS FOR DISEASE CONTROL, ENVIRONMENTAL PROTECTION AGENCY, OR OTHER QUALIFIED GOVERNMENTAL AGENCY.
1.4. I EXPRESSLY UNDERSTAND THAT RESTORATION MASTERY, LLC, IS NOT AN ENVIRONMENTAL CONSULTING FIRM, INDUSTRIAL HYGENIST OR MEDICAL DOCTOR, AND IT HAS NOT HELD ITSELF OUT AS SUCH, NOR DOES THE PROGRAM PROVIDE ANY SUCH ADVICE OR OPINIONS.
1.5. I EXPRESSLY UNDERSTAND THAT RESTORATION MASTERY, LLC, DOES NOT PROVIDE ANY PROFESSIONAL, LEGAL, FINANCIAL, ACCOUNTING OR LICENSING ADVICE AND YOU SHOULD CONSULT YOUR OWN PROFESSIONALS FOR RELEVANT ADVICE.
1.6. The information was comprised from various sources including, but not limited to:
CDC, EPA, WHO, OSHA, GBAC, ISSA, RIA, IICRC, etc.
2. WAIVER & RELEASE
2.1. To the fullest extent permitted by law, I (including any of my heirs, successors, assigns, agents, partners, and affiliated entities) hereby irrevocably release, waive, hold harmless and forever discharge RESTORATION MASTERY, LLC., and all of its past, present and future owners directors, officers, principals, employees, agents, partners, affiliates, representatives, subsidiaries, affiliated corporations, heirs, successors, assigns, parent concerns, subsidiary concerns and affiliated concerns (hereinafter “Company”) of and from any and all lawsuits, actions, causes and causes of action (including any claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy such as intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness, 2 violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory), fraud claims, claims in equity, suits, debts, dues, sums of money, liens, damages (including property and personal injury claims), liquidated damages, injuries, punitive damages, costs, costs of suit, fees (including attorney’s fees), accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, variances, trespasses, judgments, executions, claims and demands whatsoever, in law or in equity (hereinafter collectively referred to as “Claims”) that I had, now have, or may have in the future arising from and/or related to in any way:
(i) the Program (including my use or application of the Program or any materials and information related thereto);
(ii) Company’s exercise of any of its rights under this agreement; and/or
(iii) my COVID-19 virus cleaning services.
2.2. I (including any of my heirs, successors, assigns, agents, partners, and affiliated entities) hereby expressly, voluntarily and knowingly waive, relinquish and abandon each and every right, protection and benefit to which I would be entitled, now or at any time hereafter under Section 1542 of the Civil Code of the State of California, as well as under any other statutes or common law principles of similar effect to said Section 1542, whether now or hereinafter existing under the laws of California or any other applicable federal and state law with jurisdiction over the relationship of the parties regarding the Program, this agreement, and my COVID-19 virus cleaning services. I hereby acknowledge that Section 1542 of the Civil Code of the State of California provides as follows: “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 DEBTOR OR RELEASED PARTY”. This release applies to all unknown, unforeseen, unanticipated, and unsuspected Claims and the consequences therefrom, as well as those now disclosed and known to exist to me related to the Program, this agreement, and my COVID-19 virus cleaning services. I hereby waive all provisions of any state, federal, or local law providing, in effect, that releases must not extend to claims, demands, injuries, or damages that are unknown or unsuspected to exist at the time to the persons executing such releases as it relates to each other.
3. DEFENSE & INDEMNIFICATION
3.1. I agree to defend, indemnify and hold Company harmless from and against any Claims (including actual attorney’s fees and costs) arising from and/or related to:
(i) any breach, or alleged breach, of any term, promise, representation, warranty, or obligation of this Agreement by me;
(ii) the Program (including my use or application of the Program or any materials and information related thereto);
(iii) my COVID-19 virus cleaning services;
(iv) Company’s exercise of any of its rights under this agreement; and/or
(v) my actual or alleged negligence or willful misconduct. This defense and indemnity obligation is intended to apply immediately upon demand by Company and I shall immediately assume the defense of Company and defend Company at my expense with counsel of Company’s choosing related to any and all Claims. My defense and indemnity obligations herein shall not be limited in any way by any insurance or additional insurance requirements.
4. NAME & LIKENESS GRANT OF RIGHTS:
4.1. I hereby give Company permission to use any photographs, motion pictures, and/or video footage of me and sound recordings of my voice related to the Program, and I hereby irrevocably permit, authorize, grant, and license Company the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, 3 create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use such photographs, motion pictures, video footage, and sound recordings, as well as my name, likeness, voice, statements, testimonials and other biographical material in connection therewith, and all materials created by or on behalf of Company that incorporate any of the foregoing (collectively “Name & Likeness”), in perpetuity in any form or media whatsoever (now known or later devised), without further consent from or royalty, payment or other compensation to me. I also acknowledge and agree that I am not permitted to make personal recordings or videotape of any portion of the Program.
4.2. Company is the exclusive owner of all rights, title, and interest, including copyright, in the Name & Likeness. I hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the Name & Likeness and all copyrights and other intellectual property rights in the Name & Likeness arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Name & Likeness before they are used by Company, and that Company has no liability to me for any editing or alteration of the Name & Likeness or for any distortion or other effects resulting from Company’s editing, alteration, or use of the Name & Likeness, or Company’s presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by Company in Company’s sole discretion. Company has no obligation to create or use the Name & Likeness or to exercise any rights given by this Agreement.
4.3. No breach of this agreement shall entitle me to terminate or rescind the rights granted to Company herein, and I hereby waive the right, in the event of any such breach, to equitable relief or to enjoin, restrain or interfere with the production, distribution, exploitation, exhibition or use of any of the rights granted to Company herein.
5.1. I hereby mutually agree that following the execution of this agreement (and for an indefinite time period thereafter) I will not: (i) state, utter, publish, display, or otherwise communicate, orally or in writing, any word(s), diagrams, photographs, images, or other “writings,” as defined by California Evidence Code section 250 (collectively “Statements”), or take any actions whatsoever, that are critical, demeaning, insulting, or otherwise hold Company up to scorn, ridicule, contempt, or criticism; and/or (2) make any Statements, or take any actions whatsoever, that could injure, hinder, or interfere with the business, business relationships or good will of Company.
6. CONFIDENTIAL INFORMATION
6.1. I acknowledge that through the Program, I will have access to confidential and proprietary information of Company or other Program participants, including materials, ideas and plans, (collectively the “Confidential Information”). Confidential Information also includes any other information expected by a reasonable person to be confidential. I agree that I may examine and use the Confidential Information made available by Company or other Program participants solely for my own internal business purposes in a manner to further advance my business interests. However, if I breach this agreement or any other agreement with Company, or fail to pay the applicable Program fees, I agree that all of my rights to use and examine the Confidential Information shall be terminated and I will immediately return all such Confidential Information to Company and destroy any copies thereof.
6.2. I agree to at all times maintain the strict confidentiality of all Confidential Information. I further agree that I may not disclose, sell, rent, trade or share the Confidential Information with anyone other than on an as-needed basis to my management team.
6.3. I also agree to respect the privacy of fellow Program participants and to not violate the rights of any Program participant.
7. EQUITABLE RELIEF
7.1. I agree that, if I violate, or display any likelihood of violating, this agreement, Company, in addition to any and all other rights and remedies that may be available at law, at equity or otherwise, will be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a court of competent jurisdiction, without any requirement to:
(i) post a bond or other security; or
(ii) prove actual damages or that monetary damages will not afford an adequate remedy.
8. GENERAL PROVISIONS
8.1. All of the terms and provisions of this Agreement—whether so expressed or not—are binding upon, inure to the benefit of, and are enforceable as to me and Company and our respective legal representatives, heirs, successors and assigns.
8.2. I am at least eighteen (18) years of age and have the full right, power, and authority to enter into this agreement and grant the rights given in this agreement. This agreement is executed voluntarily by me without any duress or undue influence on the part of, or on behalf of Company. No consent or authorization, from, or any payment to, any third party is required in connection with this agreement.
8.3. I have been—or have had the opportunity to be—represented by my own counsel throughout the negotiations and execution of this agreement and all of the other documents executed incidental hereto, if any. Therefore, none of the provisions of this agreement is to be construed against any party more strictly than against another.
8.4. This agreement represents the entire understanding and agreement with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations, if any. Any amendment to, or modification of this agreement shall be effective only if in writing and signed by the party or parties to be affected or burdened thereby.
8.5. This agreement and all transactions contemplated by this agreement are governed by, and are to be construed and enforced in accordance with, the internal laws of the State of California, without regard to conflicts-of-law principles. I also agree to submit any claim or controversy to the exclusive jurisdiction of, and agree that venue is proper in, the Superior Court of Los Angeles County, in the State of California.
8.6. If any legal action or other proceeding is brought for enforcement of this agreement, or for a declaration of rights and duties hereunder, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred in connection with the action or proceeding in addition to any other relief to which the party or parties may be entitled.
8.7. This Agreement may be executed by facsimile or scanned and emailed signature page shall be binding upon the parties.
8.8. If any portion of this agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this agreement and the remaining parts shall remain in full force and effect as if no such invalid or unenforceable provision had been a part of this agreement
BY ACCEPTING TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY.