RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration, the receipt and sufficiency of which is hereby acknowledged, of the undersigned’s participation in a certain promotion of Banger’s Austin LP ( “Banger’s”), the undersigned hereby enters into this RELEASE OF LIABILITY AND INDEMNITY AGREEMENT (this “Agreement”) as of the date set forth below.
1. SCOPE OF MARKETING PROMOTION : By executing this Agreement with Banger’s Austin LP, the undersigned expressly acknowledges his/her intent to participate in a promotion (“Banger’s Tattoo Promotion”) wherein the undersigned may undergo a procedure (“tattoo procedure”) to affix a permanent tattoo of Banger’s official logo, as it may exist from time to time, on his/her body. All tattoo procedures under the Banger’s Tattoo Promotion shall take place at Lucky Leopard: 2900 S Congress Ave #202, Austin, TX 78704. Banger’s expressly reserves the right to deny any person’s participation in the Banger’s Tattoo Promotion at any time for any reason. In the event that the undersigned participates in the Banger’s Tattoo Promotion, the undersigned’s rights and obligations shall be exclusively governed by the terms of this Agreement and applicable law.
2. DISCLAIMER AND REPRESENTATIONS : The undersigned represents and agrees that he/she has not relied and will not rely on any representation by Banger’s, its employees, agents and assigns in deciding whether to participate in the Banger’s Tattoo Promotion, including without limitation, representations as to the tattoo arti st or the safety of the tattoo procedure, or the merits of undergoing a tattoo procedure. A tattoo procedure is a dangerous activity that carries several risks, only some of which are identified in this Agreement. The undersigned agrees to assume sole responsibility for investigating any risks associated with the tattoo procedure.
Pursuant to Texas law, tattoo artists are required to follow certain procedures prior to, during, and after a tattoo procedure. Banger’s has not made any representation that Lucky Leopard and/or its individual tattoo artists are licensed tattoo artists under Texas law and/or in compliance with any Texas regulation. The undersigned acknowledges that Lucky Leopard is not an agent, partner, independent contract, fiduciary, subsidiary, franchisee or other affiliate of Banger’s. The undersigned further acknowledges that by signing below he/she is not obligated to participate in the Banger’s promotion. The undersigned expressly assumes the sole duty to conduct an independent investigation of Lucky Leopard and its tattoo artists prior to undergoing any tattoo procedure under this Agreement. The undersigned expressly and exclusively assumes all duties and obligations regarding the decision whether to undergo the tattoo procedure.
3. ACKNOWLEDGMENT OF RISKS : The undersigned recognizes and understands that there are risks, known and unknown, associated with their participation in a tattoo procedure including, but not limited to, bodily injury or death to persons and damage to property, scarring, the possibility of pain or discomfort, the permanence of the markings, the risk of infection, the possibility of allergic reaction to the pigments or other materials used, difficulties in detecting melanoma, allergic reactions to latex gloves and/or soap, etc. The undersigned further acknowledges and understands that he/she will be held liable and responsible for any and all damage to persons, vehicles, property and/or improvements to property that is caused by him/her and/or any persons (including, but not limited to, minors) under their care and control, and that a rise out of, or are related to, the undersigned’s participation in the Banger’s Tattoo Promotion.
4. APPLICABILITY AND SCOPE OF RELEASES AND INDEMNITIES: For purposes of this Agreement, “Claims” shall mean any past, present and future claims, losses, costs, expenses, liabilities, demands, or causes of action, and costs of defense or settlement (including, without limitation, attorney’s fees and court costs). The releases, waivers and indemnities contained in this Agreement expressly shall apply regardless of whether the Claims to be released, waived or indemnified against result in and/or arise from, or are alleged to result in and/or arise from, (i) NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), GROSS NEGLIGENCE, NEGLIGENCE PER SE, and/or STRICT LIABILITY, of Banger’s and/or Banger’s’ respective present and former officers, directors, contractors, members, subsidiaries (the “Released Parties”); (ii) personal injury, death or property damage; (iii) acts under the Texas Deceptive Trade Practices Act (“DTPA”); (iv) acts of any persons; (v) theft, burglary, assault, or other crimes; (vi) fire, water, wind, rain and/or smoke and/or (vii) any other risks and hazard s associated with the undersigned’s participation in the Banger’s Tattoo Promotion.
5. RELEASE FROM LIABILITY: The undersigned hereby RELEASES, ACQUITS AND FOREVER DISCHARGES, and WAIVES any and all Claims against the Released Parties that arise from or relate to his/her participation in the Banger’s Tattoo Promotion and/or tattoo procedure– including, but not limited to, the types of claims enumerated in Paragraph 4 – and agree not to sue any of the Released Parties for such Claims. Without limiting the foregoing, the undersigned agrees that the Released Parties shall not be liable to them, their parents, their family, or their guests, for personal injury, death, property damage, or any other Claims arising from or related to the undersigned’s participation in the Banger’s Tattoo Promotion and/or tattoo procedure .
6. AGREEMENT TO INDEMNIFY AND HOLD HARMLESS: The undersigned agrees to INDEMNIFY AND HOLD HARMLESS the Released Parties against any and all Claims related to the undersigned’s participation in the Banger’s Tattoo Promotion and/or tattoo procedure – including, but not limited to, the types of Claims enumerated in Paragraph 4. In addition, and without limiting the foregoing, the undersigned agrees to INDEMNIFY the Released Parties for any Claims by 1 of 2Lucky Leopard, Claims for injuries to any minors under the undersigned’s care and control and/or the undersigned’s parents/guardian, and for any Claims asserted by, through or under the undersigned, arising from or related to the undersigned’s participation in the Banger’s Tattoo Promotion and/or tattoo procedure — including, but not limited to, the types of Claims enumerated in Paragraph 4. As used herein, “INDEMNIFY” means to agree to assume the Released Parties’ liability in a situation, ther eby relieving them of responsibility, and/or reimbursing the Released Party for Claims asserted against them, including providing for the Released Partys ’ legal defense against any Claims asserted against the Released Party and reimbursing the Released Parties for any damages resulting from such Claims.
7. PHOTOGRAPH/INTERVIEW RELEASE AND INDEMNITY AGREEMENT: The undersigned GRANTS PERMISSION to be PHOTOGRAPHED and/or INTERVIEWED in connection with the Banger’s Tattoo Promotion. The undersigned understands that any such photograph or interview may be used by the Released Parties or television, internet sites, film, video, visual, graphic or printed media. The undersigned agrees to RELEASE and INDEMNIFY the Released Parties with respect to any Claims related to the usage of such photographs or interviews by the Released Parties or any media – including, but not limited to, the types of Claims enumerated in Paragraph 2.
The undersigned represents that he/she is over the age of eighteen (18), fully competent, is not under the influence of alcohol and has fully read and understands the above. The undersigned further represents that he/she thoroughly and completely understand that this is a complete and final release and indemnity agreement, that he/she freely and voluntarily entered into this Agreement, and that no representations, promises or statements made by any Released Party, or any agent, attorney or other representative of the Released Parties has influenced the undersigned in causing them to sign this Agreement.
The undersigned understands that this Agreement shall be binding on their heirs, executors, successors and assigns that the Agreement will be governed by the laws of Texas, and that jurisdiction and venue for resolution of any dispute regarding this Agreement shall lie in a Texas State Court in Travis County, Texas. If any part of this Agreement is determined to be invalid or unenforceable, it does not affect the validity of the remainder of this Agreement. The undersigned agrees to the terms and conditions above, and acknowledges receipt of this Agreement.