Waiver & Release
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
FOR ACCESS TO AND USE OF 5TH ELEMENT STUDIOS, LLC
Read this document carefully. Upon agreeing and accepting the Terms & Policies of 5th Element Studios, LLC, you agree to this waiver of rights and consent acknowledgement of your understanding of the rules and regulations for use of 5th Element Studios, LLC. It is a legally binding document.
1. In consideration for receiving services, material and permission to use the 5th Element Studios, LLC, related contents, and equipment, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, 5th Element Studios, LLC, its members, employees, volunteers, (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such use, or while in, on or upon the premises where the facility use is occurring.
2. I acknowledge that there are inherent risks in the use of tools, equipment, devices, and hazardous materials of any kind commonly used in electronics construction, fabrication, software design and other technology related activities and that my or my child’s participation in such activities and/or use of such tools may result in injury, illness, death or damage to me or my child’s personal property. Further, such risks and dangers may be caused by myself or Guests or other Participants. Finally, such injury, illness death or damage to me or my child’s personal property, may arise from foreseeable or unforeseeable causes. I hereby FULLY ASSUME ALL SUCH RISKS AND ANY OTHERS which arise because of my or my child’s use of 5th Element Studios, LLC.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any and all losses, liability, damage or costs, actions or proceedings of every kind and character, including court costs and attorney fees, that they may incur due to my or my child’s participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
4. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO USE SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida.
5. IN AGREEING TO THE TERMS THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement for 5th Element Studios, LLC, understand both and upon agreement of the Terms & Policies in the registration process, release voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing agreement and Rules of Use, have been made.
I hereby authorize 5th Element Studios, LLC, the right to use, publish and republish photographic pictures, digital images, audio recordings and/or videotapes of myself and or my child, in any and all 5th Element Studios, LLC, publications, media releases, multimedia productions, broadcasts, displays, advertisements, and/or on the world wide web, now or hereafter, and to use my name and/or biographical information. I understand that all such recordings, in whatever medium, shall remain the property of 5th Element Studios, LLC. I hereby release and discharge 5th Element Studios, LLC, from any and all claims and demands arising out of or in connection with the use of photographs, images, audio recordings, videos, and/or biographical information. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I have read and fully understand the terms of this release.