Happsters Squad Member Release
- ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with Happsters Squad activities and I assume full responsibility for personal injury to myself and (if applicable) my guests, and further release and discharge Mindful Happiness and Happsters Squad Leaders for injury, loss or damage arising out of my use of or presence upon the event facilities, whether caused by the fault of myself or other third parties.
- SQUAD LEADERS. I acknowledge that Mindful Happiness is not responsible for the actions or inactions of Happsters Squad Leaders.
- INDEMNIFICATION. I agree to indemnify and defend Mindful Happiness against all claims, causes of action, damages judgments, costs or expenses, including attorney fees and litigation costs, which may in any way arise from my or my guests’ use of or presence upon the event facilities.
- FEES. I agree to pay for all damages to the event facilities caused by any negligent, reckless or willful actions by me or my guests.
- PHOTOGRAPHY RELEASE. I understand that Mindful Happiness may photograph and/or videocapture Happsters Squad activities, and it is possible that I will be photographed or recorded. Mindful Happiness will own of any such photograph or videocapture, and further that Mindful Happiness may employ any such film, tape or recording for any and all commercial or noncommercial purposes without payment of any kind to me and without further notice to me or permission from me.
- APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
- NO DURESS. I agree and acknowledge that I under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Mindful Happiness has offered to refund any fees I have paid to be a Happsters Squad member if I choose not to sign this Agreement.
- ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
- ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.