The undersigned individual (referred to as “I” and “me”), and on behalf of my minor child(ren), if applicable, desire to and voluntarily to participate in the JBL LIVE! at JBL FEST and related activities (the “Activity”) provided by Trigger House LLC, having offices at 135 McDonough Street, Portsmouth NH 03801, and HARMAN INTERNATIONAL INDUSTRIES, INCORPORATED, a Delaware corporation located at 400 Atlantic Street, Stamford, CT 06901 (together referred to as the the “Companies”). As lawful consideration for being permitted by the Companies to participate in the Activity, I agree to all the terms and conditions set forth in this (this “Agreement”).
I confirm that I am the parent or legal guardian of the child(ren) named below and am at least the age of the majority in my state of residence. I understand that my participation and that of my child(ren) in the Activity is voluntary. I understand that I am responsible for my child(ren)’s health and well-being and will accompany and supervise my child(ren) at all times.
I hereby irrevocably permit, authorize, and license the Companies and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them (”Authorized Persons”), to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my and/or my child(ren)’s name, image, likeness, appearance, voice, professional and personal biographical information, signature and other personal characteristics and private information, and all materials created by or on behalf of the Companies that incorporate any of the foregoing (”Materials”) on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created, for any purpose, including but not limited to advertising, public relations, publicity, and promotion of the Companies and its affiliates and their businesses, products, and services, without royalty, payment, or other compensation to me and without any further consent or approval from me.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY MAY INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I OR MY CHILD(REN) SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANIES OR OTHERWISE.
COVID-19: I AM AWARE THAT MY PARTICIPATION INCLUDES POSSIBLE EXPOSURE TO AND ILLNESS FROM INFECTIOUS DISEASES INCLUDING BUT NOT LIMITED TO COVID-19. WHILE PARTICULAR GUIDELINES AND PERSONAL DISCIPLINE MAY REDUCE THIS RISK, THE RISK OF SERIOUS ILLNESS AND DEATH DOES EXIST. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS RELATED TO ILLNESS AND INFECTIOUS DISEASES, SUCH AS COVID-19, EVEN IF ARISING FROM THE NEGLIGENCE OR FAULT OF THE RELEASEES; AND I HEREBY KNOWINGLY ASSUME THE RISK OF INJURY, HARM AND LOSS ASSOCIATED WITH THE ACTIVITY, INCLUDING ANY INJURY, HARM AND LOSS CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASEES.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, directors, employees, agents, affiliates, shareholders, successors and assigns (collectively, “Releasees”), including but not limited to on account of injury, death or property damage, arising out of or attributable to the Activities, whether arising out of the negligence of the Companies or any Releasees or otherwise. I covenant not to make or bring any such claim against the Companies or any other Releasee, and forever release and discharge the Companies and all other Releasees from liability under such claims.
I shall defend, indemnify and hold harmless the Companies and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers arising out or resulting from any claim of a third party related to the Activities and/or the Materials.
I also acknowledge that by participating in the Activity, I and my children may receive Confidential Information which means all material, non-public, written, or oral, whether or not it is marked as such, that is disclosed or made available to my children and/or me, directly or indirectly, through any means of communication or observation. I and on behalf of my children will not in any way publish, record, or disclose any Confidential Information without Harman’s written consent.
This Agreement constitutes the sole and entire agreement of the Companies and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Companies and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in New York County, State of New York, and I hereby consent to the exclusive jurisdiction of such courts.