Journey to Mastery, Runway Report F/W 2018

WAIVER, RELEASE AND ASSUMPTION OF RISK

Oribe Hair Care, LLC (the "Company") has invited you to purchase or otherwise acquire a ticket to enable you to participate in one or more educational events, seminars and/or performances (each, an "Event") designed to provide you with opportunities to broaden, hone and/or improve your professional skills and knowledge base.  As a material inducement to the Company to permit you to participate in any Event, and as a condition thereto, you have (i) agreed to the terms of this agreement and acknowledge that there is an inherent risk of injury or loss in connection with your participation in any Event, (ii) agreed to the waivers and releases for injury, damage, loss, theft and liability relating thereto, and (iii) agreed to the license for your likeness, comments and creations in connection with your participation in any Event and the related waivers and releases, all as more specifically set forth below.  In light of the foregoing, you, for yourself and your heirs, executors, personal representatives and beneficiaries, hereby acknowledge and agree as follows:

Assumption of Risk; Waiver and Release of Liability:

I acknowledge that certain risks are inherent in connection with my participation in any Event, including, without limitation, injuries or damages to my person, clothing or property from the tools, equipment, chemicals and/or other products that may be used in any Event or which are otherwise present at the premises at which an Event is located.  Moreover, I acknowledge that there is a risk that my property may be lost or stolen and that I will be solely responsible for safeguarding my own property.

I hereby assume full responsibility for all risks of bodily injury, death, and/or property loss, damage or theft, whether or not due to the negligence of the Company and/or any of its parents, subsidiaries, affiliates, or any of its or any of their directors, officers, managers, members, employees, agents, licensees, successors and assigns (collectively, the “Company Parties”, and each is a "Company Party") or otherwise, in connection with: (i) my travel to, travel from or presence upon the premises at which any Event is located; and/or (ii) my or any other party's (including, without limitation, any Company Party’s or any other participant’s) use of my tools, equipment, chemicals or products or any of the other tools, equipment, chemicals or other products used at any Event or which are otherwise present at the premises at which any Event is located (the "Released Activities"). 

I hereby release, waive and discharge each Company Party from, and covenant not to sue any Company Party for, any and all actions, causes of action, damages, claims and demands whatsoever (including, without limitation, for personal injuries, death and property loss, theft or damage) which I ever had, now have, or hereafter can, shall or may have, arising out of or in connection with the Released Activities, whether the same arises or is caused by the sole or joint negligence of any Company Party or otherwise, and whether the same is now known or unknown, foreseen or unforeseen.

I hereby agree to indemnify and hold harmless each Company Party from and against any and all claims, actions, damages, losses, liabilities, costs and expenses of any nature whatsoever (including, without limitation, reasonable attorney's fees and expenses), whether known or unknown, foreseen or unforeseen, present or future, that any Company Party may incur or suffer as a result of or in connection with the Released Activities, whether the same arises or is caused by the sole or joint negligence of any Company Party or otherwise.

Likeness and Publicity; License and Release:

I acknowledge and agree that I may be filmed, videotaped, photographed and/or recorded in connection with an Event and, accordingly, I hereby grant to each Company Party the irrevocable, perpetual and unrestricted right and license to take, use and reuse, incorporate, edit, modify, publish and republish, print, exhibit and/or telecast my name, voice, photographs, likeness, performance and any remarks that I may make (collectively, the “Content”) for the promotion, display, exhibition, marketing and/or sale of any Company Party's current or future business and/or products in any print or electronic media now or hereafter created, including, without limitation in-salon education videos and print outs, in-salon merchandising and the corporate website, web and smart phone applications and/or any other electronic or social media.  Further, I acknowledge and agree that the photographs, tapes, movies and recordings of everything I say or do in connection with the Event will be fully and solely owned by the Company Parties to do with as they wish for purpose of this Agreement, whether in connection with the Event, or otherwise, at any time in the future, as often as they wish, in perpetuity, without restriction and without future notice or royalties or other compensation.  I specifically consent to the compositing and/or distortion of any Content, including without limitation, any changes or alterations as to color, size, shape, perspective, context, foreground and/or background. I further waive any right that I may have to inspect or approve the finished product or products of any Content, including its use as permitted hereunder.

I hereby release each Company Party from and against any and all claims and demands arising out of or in connection with the exercise of the rights granted by this agreement, including, without limitation, any and all claims for invasion of privacy, infringement of my right of publicity, defamation (including libel and slander) and any other personal and/or property rights, and I agree that I shall not now or in the future assert or maintain any such claim against any Company Party.  I acknowledge that in no event may I terminate the rights granted hereunder or seek or obtain injunctive relief or other equitable relief with respect to the rights granted hereunder.

I warrant and represent that this agreement does not conflict with any existing commitment on my part and that I have full power to grant the rights under this agreement without the consent or permission of any other person or entity.  I further represent and warrant that any Company Party's exercise of the rights granted in this Agreement shall not violate or infringe any rights of any third party.  I acknowledge that nothing herein will constitute any obligation on any Company Party to make any use of the rights set forth herein.

Miscellaneous:

I agree that each Company Party may transfer and assign this agreement or all or any of its rights or privileges hereunder to any entity or individual without restriction. This agreement sets forth the entire agreement between me and the Company with respect to the subject matter hereof and may not be altered or amended except in writing signed by both parties. 

This agreement shall be construed under the internal laws of the State of Florida, without regard to its choice of law provisions.  I agree that the state and/or federal courts located in the Miami-Dade County, Florida shall have exclusive jurisdiction over any matter covered by this agreement.  I hereby irrevocably waive any and objections I may have to such venue, including forum non-conveniens. 

I understand and agree that the foregoing provisions are intended to be as broad and inclusive as is permitted by the laws of the State of Florida and that if any portion hereof is held invalid, the balance shall continue in full legal force and effect.  No representations or statements of inducement have been made to me.  I hereby certify that I have read the foregoing statement and fully understand its content.  I further certify that I have every legal right to enter this agreement and am of legal age and capacity to enter into this agreement. I acknowledge and understand that I am performing services for an entity which is not a signatory to a SAG agreement, or to an agreement with any other similar union, guild, trade association or labor federation.  I acknowledge and agree that I have all necessary and appropriate professional training and licenses to participate in the Event. 

IF I AM OBTAINING A TICKET TO AN ENTER AN EVENT FOR ANY OTHER PERSON, THEN I ACKNOWLEDGE AND AGREE THAT I WILL PROVIDE SUCH OTHER PERSON WITH THIS AGREEMENT TO REVIEW PRIOR TO SUCH OTHER PERSON’S ATTENDANCE AT THE EVENT AND SUCH OTHER PERSON ACKNOWLEDGES AND AGREES THAT HIS OR HER ATTENDANCE AT THE EVENT WILL CONSTITUTE HIS OR HER CONSENT TO AND AGREEMENT WITH THE PROVISIONS OF THIS AGREEMENT.  MOREOVER, IF SUCH OTHER PERSON IS A MINOR OR OTHERWISE LACKS THE CAPACITY TO ENTER INTO THIS AGREEMENT, THEN I FURTHER REPRESENT AND WARRANT THAT I AM THE LEGAL GUARDIAN OR PARENT OF SUCH OTHER PERSON, WITH THE POWER, AUTHORITY AND CAPACITY TO ACCEPT THE PROVISIONS OF THIS AGREEMENT ON BEHALF OF SUCH OTHER PERSON AND THAT MY ACCEPTANCE OF THE PROVISIONS OF THIS AGREEMENT ON SUCH OTHER PERSON’S BEHALF SHALL BE BINDING UPON SUCH OTHER PERSON AND HIS OR HER HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS AND BENEFICIARIES. 

IF YOU DO NOT AGREE WITH THE PROVISIONS OF THIS AGREEMENT, THEN PLEASE CLICK “I DO NOT AGREE” IN WHICH CASE YOU WILL NOT BE PERMITTED TO PURCHASE A TICKET OR ENTER AN THE RESPECTIVE EVENT.

IF YOU CLICK “AGREED”, THEN YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND DO VOLUNTARILY AGREE TO THE PROVISIONS OF THIS AGREEMENT.