Liability Release
In consideration of being allowed to participate in Event, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this Liability and Publicity Release and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Event, and do hereby release and forever discharge Japan House and each Co-Host (if any), and their respective affiliates, managers, shareholders, directors, officers, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (the “Released Parties”), for any physical injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the Event.
I agree to indemnify and hold the Released Parties 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 relating to, or otherwise arising from, my attendance or participation in the Event. I acknowledge that the Released Parties are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on their behalf. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of any of the Released Parties.
I hereby waive the benefit of the provisions of Section 1542 of the Civil Code of the State of California, which provides as follows:
“A General Release does not extend to claims which the creditor does not know or suspect to exist in his or he favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Publicity Release
I understand that I may be photographed, filmed, video and/or audio recorded while at the Event. I understand that Japan House may desire to use such photographs, film, video or audio recordings of me, and my name, voice, image, and/or likeness to produce, distribute, exhibit and exploit one or more videos, films, photographs, sound recordings, and/or publications in any and all media now known or hereafter devised. I hereby grant Japan House, perpetually and irrevocably, the unconditional worldwide right to use, simulate and portray my name, voice, image, likeness, personality, photograph, video or filmed footage, audio recordings, personal identification and personal experiences, incidents, situation and events taken from your photographs, filmed or videotaped footage, or audio recordings of me in during the Event in connection with videos, films, photographs, sound recordings, and/or publications and all other media of any nature whatsoever whether now known or hereafter devised (the “Granted Rights”). It is further understood and agreed that the Granted Rights may be used in any manner and by any means, whether now known or unknown, and either factually or with such fictionalization, portrayal, impersonation, simulation and/or imitation or other modification as Japan House, its successors and assigns determine in their sole discretion. I further acknowledge that I am to receive no further payment with respect to any matter referred to herein. Any or all of the Granted Rights shall be freely assignable by Japan House.
I hereby release and discharge Japan House as well as its employees, agents, licensees, successors and assigns from any and all claims, demands or causes of action that I may now have or may hereafter have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any utilization of the Granted Rights or based upon any failure or omission to make use thereof. I agree to indemnify and hold Japan House (together with its employees, agents, licensees, successors and assigns) harmless from and against any and all claims, demands, costs, expenses, losses, damages and reasonable attorney’s fees arising out of, or resulting from, the use or other exploitation of the Granted Rights.
General Provisions
I understand and agree that this Liability and Publicity Release shall be governed by and shall be construed in accordance with the laws of the State of California, without regard to its principles of conflicts of law. I agree that any legal proceeding relating to this Liability and Publicity Release shall be subject to the exclusive jurisdiction of any state or federal court located in the County of Los Angeles in the State of California. I hereby irrevocably submit to the personal jurisdiction of any such federal and state courts located in the County of Los Angeles in the State of California in any matter relating to this Liability and Publicity Release, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, I understand and agree that under no circumstances will I be permitted to obtain awards for, and I hereby irrevocably waive all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than my actual out-of-pocket expenses, and I hereby further irrevocably waive all rights to have damages multiplied or increased.
I agree that the provisions hereof shall be binding upon me and my heirs, executors, administrators and successors. I agree to execute such further instruments and to take such further action as may be reasonably necessary to carry out the intent of this Liability and Publicity Release.
If a court should find that any provision of this Liability and Publicity Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.