HOLLYWOOD SUMMER TOUR PARTICIPATION, RELEASE, AND INDEMNIFICATION AGREEMENT
1. Acknowledgment and Assumption of Risk
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I (“Participant”) agree to participate in The HOLLYWOOD SUMMER TOUR (the “Event”) conducted by MENINA ENTERTAINMENT, d/b/a THE HOLLYWOOD SUMMER TOUR (“Company”). I understand that my participation involves inherent risks including, but not limited to, physical injury, illness, or death, and I voluntarily assume all such risks—whether known or unknown—arising out of or in connection with my participation, including travel to and from the Event.
2. Release of Liability
To the fullest extent permitted under applicable California law, and except for claims arising from gross negligence, recklessness, or intentional misconduct, I hereby release, waive, discharge, and covenant not to sue the Company, its affiliates, directors, officers, employees, agents, representatives, and volunteers (collectively, “Releasees”) from any and all liability, claims, demands, or causes of action, including attorney’s fees and costs, arising out of or related to any injury, loss, or damage (whether caused by ordinary negligence or otherwise) incurred during or in connection with the Event.
3. Indemnification
I agree to indemnify, defend, and hold harmless Releasees from and against any and all claims, demands, liabilities, costs, or expenses (including reasonable attorney’s fees) that may be asserted by any third party arising from or relating to my participation in the Event. This indemnification obligation applies except to the extent such claims result solely from the gross negligence or willful misconduct of the Releasees.
4. Media and Likeness Release
I hereby grant the Company and its affiliates the non-exclusive, royalty-free, irrevocable, worldwide license to record, use, reproduce, display, distribute, and create derivative works from any video, photograph, or other recording (collectively, “Media”) of my image, likeness, voice, or performance during the Event. I understand that the Company may edit or modify such Media for any purpose, including promotional and commercial uses, and I waive any right to inspect or approve the finished product.
5. Medical Treatment Release
In the event of an injury or illness during the Event, I authorize the Company (or its designated representative, including any chaperone) to secure emergency medical treatment on my behalf. I understand that I am solely responsible for any and all medical expenses incurred, and I hereby release the Releasees from any claims related to such medical treatment, except to the extent arising from gross negligence.
6. Illness Exposure Acknowledgment and Release
I acknowledge that participation in the Event may expose me to communicable diseases and other illnesses, including but not limited to COVID-19, influenza, or any other illness. I voluntarily assume all risks associated with such exposure, including risks of minimal to severe illness, catastrophic health issues, or death. Accordingly, I release, waive, and hold harmless the Company and its Releasees from any and all claims, liabilities, demands, or causes of action related to exposure to any illness during the Event, except where such claims result solely from the gross negligence or intentional misconduct of the Releasees. I further agree to indemnify and defend Releasees against any claims arising from such exposure.
7. General Terms and Conditions
Changes to the Program: I understand that the Company reserves the right to modify or cancel the Event or any portion thereof without prior notice.
Fees and Payment: All fees are non-refundable and non-transferable. Payment must be received by the stated deadlines; otherwise, a late fee may apply as specified.
Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising out of or in connection with this Agreement shall be resolved exclusively in the appropriate courts of California.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding the subject matter herein and may only be modified by a written amendment signed by the party to be bound.
8. Acknowledgment of Understanding
I acknowledge that I have read this Agreement in its entirety, understand all of its terms, and voluntarily agree to be bound by them. I further acknowledge that I have had the opportunity to consult with independent legal counsel before signing this Agreement.