WAIVER OF LIABILITY AND INDEMNITY
PLEASE READ CAREFULLY. PARTICIPANTS MUST BE 21 YEARS OR OLDER.
DISCLAIMER: In consideration for their voluntary involvement in THE COLLECTIVE 2023 event taking place from September 10th to September 12th, 2023 in Las Vegas, Nevada (the “Event”) the undersigned and its heirs, executors, administrators and representatives hereby agree:
- To forever release and discharge Moroccanoil Israel Ltd. (“Moroccanoil”), its agents, affiliates, officials, officers, directors, trustees, shareholders, employees, contractors or representatives, all corporations associated or affiliated with Moroccanoil, their agents, affiliates, officials, officers, directors, trustees, shareholders, employees, contractors or representatives, and the respective heirs, executors, administrators, other legal representatives, successors and assigns of the aforesaid corporations, individuals and other entities (individually a “Releasee” and, collectively “The Releasees”) from any and all actions, causes of action, claims, proceedings, applications, complaints and demands whatsoever, that may arise at any time in the future (individually, a “Claim” and, collectively, the “Claims”) and arising from or related to the undersigned’s participation in the Event;
- To not make any claim or take any proceedings against any individual, partnership, association, trust, unincorporated organization or corporation with respect to any matter that may have arisen between the Releasee and the undersigned or in which any claim could arise against the Releasee for contribution or indemnity or other relief over and in relation to any and all dealings between the undersigned and the Releasee with respect to the undersigned’s participation in the Event;
- To indemnify and save harmless the Releasees from any and all liabilities arising from any Claims by any third party resulting from the undersigned’s participation in the Event and all related activities;
- To indemnify and save harmless the Releasees from and against all Claims asserted against and all losses, damages, fines, penalties, deficiencies, losses, liabilities (whether accrued, actual, contingent, latent or otherwise), costs, fees and expenses (including but not limited to interest, court costs and reasonable fees and expenses of lawyers, accountants and other experts and professionals) (collectively, the “Losses”) incurred by any of the Releasees directly or indirectly arising out of or resulting from any of the Claims and the undersigned’s conduct, acts or omissions during the Event;
- That the Releasees other than Moroccanoil are intended to be third party beneficiaries of this Agreement and, as such, each of such Releasees are entitled to enjoy the benefits of this Agreement and have the right to independently enforce the terms of this Agreement directly against the undersigned; and
- To purchase travel insurance in connection with its participation in the Event covering against, inter alia, theft, personal accident, personal liability, repatriation and cancellation of tickets.
- To grant the Releasees (and their designees) the perpetual right to include its image, likeness, actions, and statements in any live or recorded audio, video, film, webcast, stream, image or other transmission, exhibition, simulcast, or reproduction made of, or at, the Event, in whole or in part, in any medium known now or later discovered, including but not limited to, in the print and digital media, by means of digital transmission through the internet, consumer and trade print advertising, newspapers, magazines, internet, Moroccanoil’s and Moroccanoil’s retailers’, distributors’ and trade partners’ websites, emails, digital assets, video-sharing, print and digital advertising, print materials, Moroccanoil owned or sponsored pages on social media, all free and paid editorial, point of sale materials, direct mail, marketing materials, catalogues, brochures, slide or video presentations, DVD, trade materials, event/PR material, internal use, for the purpose of Moroccanoil’s trade, retail, salon, advertisements, editorial, promotions, public relations, education, marketing, social media and other commercial, promotional or non-commercial purposes, without further authorization or otherwise.
The undersigned acknowledges that:
- Their participation in the Event is purely voluntary;
- They are at least twenty-one (21) years of age or older. Otherwise, they are forbidden to participate in the Event in any manner (including buying tickets for the Event). Without limiting the generality of the foregoing, the minimum age to gamble or drink alcoholic beverages is twenty-one (21). They acknowledge and understand that it is unlawful for any person under the age of twenty-one (21) years to possess or consume alcoholic beverages, play any gambling game or slot machine or loiter in any gaming area.
- They are aware of the possible RISKS, DANGERS AND HAZARDS associated with the Event and all related activities including THE POSSIBLE RISK OF SEVERE OR FATAL INJURY TO MYSELF OR OTHERS. They acknowledge that these risks include, but are not limited to, risks associated with travel to and from all venues of the Event, all risks associated with their participation in the Event and all related activities, and risks related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”). They understand and agree (a) that the risk of exposure to COVID-19 cannot be fully eliminated and is increased by proximity to other people, (b) that an inherent and elevated risk of exposure to COVID-19 exists in any public place or place where people are gathered, (c) that attending the Event may involve coming into close contact with other people, (d) that there is no guarantee, express or implied, that they will not be exposed to COVID-19 and (e) that exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death. Despite these risks, they voluntarily assume ALL known and potential risk and danger of injury and/or death from any cause, resulting from, in connection with, or incidental to the Event, including exposure to COVID-19;
- They are solely responsible for the selection and purchase of adequate medical/health insurance in relation to the Event, and that none of the Releasees will provide ANY medical/health insurance in relation to the Event. In the event of a medical/health problem, the Releasees accept no responsibility for any costs associated with a medical/health problem nor will they pay for any medical/health expenses that may be incurred by the participant;
- They are solely responsible for the selection and purchase of adequate travel insurance, that the Releasees will provide NO travel insurance. The travel insurance should provide cover against theft, personal accident, personal liability, repatriation and cancellation of tickets among other coverages. The Releasees accept NO responsibility for any costs associated with these types of problems nor will they pay for any expenses that may be incurred by the participant relating to these areas.
- They assume and accept all risks arising out of, associated with or related to the undersigned’s participation in the Event and all related activities, even though such risks may be caused by the negligence of the Releasees; and
- They are solely responsible for any injury, loss or damage which they might sustain while participating in the Event and all related activities, even though such injury, loss or damage may have been caused by the negligence of the Releasees.
For California residents: I understand that this Waiver applies to Claims which I may not know or suspect to exist and I knowingly and voluntarily waive such rights, including those under California Civil Code Section 1542, which provides: “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.”
THE UNDERSIGNED WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE RELEASEES AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW.
THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT, that they have had the opportunity to seek independent legal advice with respect thereto, that they have executed this agreement voluntarily, and that this agreement is to be binding upon the undersigned, the Releasees, and each of their respective heirs, executors, administrators other legal representatives, successors and assigns.
THIS WAIVER will be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States applicable therein. If any provision of this Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver and shall not affect the validity and enforceability of any remaining provisions.
DATED ________________________, 2023
Witness’ Signature Participant’s Signature
Witness’ Printed Name Participant’s Printed Name