WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of possible injury while participating in any activity (the “Activity”) at POSH A CHIC GIRL’S PARTY, LLC, and as consideration for the right to participate in the Activity, being fully aware of these dangers, I, on my own behalf and on behalf of my child and children attending an event at POSH a chic girl’s party, LLC, our respective heirs, administrators, executors and successors, and assigns, hereby covenant not to sue and forever release and hold harmless POSH A CHIC GIRL’S PARTY, LLC located at 211 Stallsville Loop, Summerville SC 29485 and their officers, directors, shareholders, employees or agents from all liability for any and all damages or injuries suffered while traveling to, from, and during this activity under the instruction, supervision or control of POSH A CHIC GIRL’S PARTY, LLC, including, without limitation, those damages or injuries resulting from acts of negligence on the part of POSH A CHIC GIRL’S PARTY, LLC and their officers, directors, shareholders, employees or agents.
Additionally, I hereby agree to individually provide all possible future medical expenses which may be incurred by me, my child and children as a result of any injury sustained by me, my child and children while in attendance at or participating at POSH A CHIC GIRL’S PARTY, LLC. I have read and understand this ASSUMPTION OF RISK, WAIVER OF LIABILITY and MEDICAL AUTHORIZATION and I VOLUNTARILY affix my name in agreement.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I, on my own behalf and on behalf of my child and children attending the event at POSH A CHIC GIRL’S PARTY, LLC agree to indemnify and hold harmless against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If POSH A CHIC GIRL’S PARTY, LLC incurs any of these types of expenses, I agree to reimburse POSH A CHIC GIRL’S PARTY, LLC.
I acknowledge that POSH A CHIC GIRL’S PARTY, LLC, and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of POSH A CHIC GIRL’S PARTY, LLC. Under no circumstance shall an employer be liable for any injuries sustained unless the conduct of employees of employer constitutes gross negligence.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE POSH A CHIC GIRL’S PARTY, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST POSH A CHIC GIRL’S PARTY, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of POSH A CHIC GIRL’S PARTY LLC, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
FOR ALL ENROLLED EVENT PARTICIPANTS
I hereby grant to POSH A CHIC GIRL’S PARTY, LLC and/or its legal representatives and assigns, the irrevocable, absolute, and unrestricted right to use and publish the likeness, portraits, photographs, film or videos of my child, and children attending the event, or in which the children may be included, for editorial, trade, advertising, brochures, website, social media and any other purpose and in any manner and medium, and to copyright same. I hereby release POSH A CHIC GIRL’S PARTY, LLC, and its legal representatives and assigns from all claims, royalties, and liability relating to the use of said likeness, portraits, photographs or films/videos.