Liability Waiver
In consideration for gaining access to and engaging the services of Princess Parties of Houston including their respective members, managers, directors, officers, employees, agents and representatives ("Princess Parties of Houston”), on behalf of myself, my spouse, children, parents/guardians, heirs, assigns, personal representatives, estate and insurers, if any, guests of my event/party, I agree as follows:
I acknowledge that my participation in a Princess Parties of Houston event and activities entails known and unanticipated risks that could result in physical or emotional injury, including, but not limited to, bodily injury or property damage. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the event and activities. I expressly agree and promise to accept and assume all the risks existing in such events and activities. My participation in such events and activities is purely voluntarily and I elect to participate notwithstanding such risks.
If I am injured, I acknowledge that I may require medical assistance, which I understand will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expenses. I UNDERSTAND THAT PRINCESS PARTIES OF HOUSTON WILL NOT PAY FOR ANY COST OR EXPENSE INCURRED BY ME IF I AM INJURED UNLESS SUCH INJURY WAS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF PRINCESS PARTIES OF HOUSTON.
I release and discharge Princess Parties of Houston of and from any and all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to Princess Parties of Houston's resulting from my participation in a Princess Parties of Houston event or activities, other than directly and solely resulting from Princess Parties of Houston's gross negligence or willful misconduct. Further, I shall not bring any claim, demand, lawsuit, legal or administrative action against Princess Parties of Houston in respect of any of the foregoing. Should Princess Parties of Houston be required to incur attorneys’ fees, expenses, or other costs to enforce this Agreement, I agree to indemnify and hold Princess Parties of Houston harmless for all such fees, expenses or other costs.
I certify that I am physically able to participate in all Princess Parties of Houston events and activities. I have been informed of the rules governing my participation in Princess Parties of Houston Events and activities (the "rules”) and that failure to follow the rules could result in being removed from such an event or activity.
If any term, condition or provision, or any portion of this Agreement is determined to be invalid or unenforceable under any statute or rule of law, such provision shall be enforced to the maximum extent possible to give effect thereto, and the remainder of this Agreement shall remain in full force and effect to the maximum extent permissible without being impaired or invalidated in any way. This Agreement shall be governed by and construed in accordance with the laws of Colorado without regard to the conflict of laws provisions thereof.
Likeness Release
The undersigned hereby irrevocably consents to and authorizes the use by Princess Parties of Houston, officers, employees, agents and representatives ("Princess Parties of Houston”) of the undersigned’s name, image, voice and/or likeness as follows: Princess Parties of Houston shall have the right to photograph, video, record, publish, re-publish, adapt, exhibit, perform, reproduce, edit, modify, make derivative works, distribute, display or otherwise use or reuse the undersigned’s name, image, voice and/or likeness in connection with any product or service or in marketing, advertising or promoting such products or services, in all markets, media or technology, now known or hereafter developed, as long as there is no intent to use the image, voice and/or likeness in a disparaging manner. Princess Parties of Houston may exercise any of these rights itself or through any successors, transferees, licensees, franchisees, distributors, or other parties, commercial or nonprofit. The undersigned acknowledges receipt of good and valuable consideration in exchange for this Release, which may simply be the opportunity to represent Princess Parties of Houston in its promotional, marketing and advertising materials as described above. Without limiting the generality of the foregoing, the undersigned acknowledges and agrees that Princess Parties of Houston does not owe him or her any compensation in connection with any of the activities or uses described in this Release.
I represent that I am a parent/guardian of the minor whose name appears below or that I have been granted power of attorney to sign this Agreement on behalf of the parent/guardian of such minor and that in that capacity Princess Parties of Houston has my consent and authorization to use the name, voice and/or likeness as described above. In the event that I do not have the requisite authority to sign this Agreement on behalf of the minor listed below, I agree that I shall be solely liable for any and all actions, causes of actions, penalties, claims, costs, services, compensation or the like resulting from this misrepresentation.
By signing this Agreement, I acknowledge that I have had sufficient opportunity to read this entire Agreement and voluntarily agree to be bound by its terms.
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