"By attending the Event you acknowledge and agree to grant Rustic Grains, LLC., DBA, Mustard Seed Market the right at the event(s) to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you.
This grant to Rustic Grains Mustard Seed Market includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.
LIABILITY. WAIVER, WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT
As lawful consideration for permitting and/or facilitating an event which may include interaction with animals, ice and/or snow resulting in slips/falls/injuries or damage to vehicle while on the grounds, injuries while on grounds, lost or stolen goods, and/or other activities (the "Activities"), at Rustic Grains, Mustard Seed Market, whose mailing address is 6585 Stonelick Trace, Pleasant Plain, OH. 45162 (“Rustic Grains”), I, the participant (hereinafter, the "Releasor"), hereby agree to all of the terms and conditions set forth in this agreement (this "Agreement").
RELEASOR IS AWARE THAT THE ACTIVITIES AT RUSTIC GRAINS, MUSTARD SEED MARKET PRESENTS RISKS AND RELEASOR HEREBY KNOWINGLY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES (AS HEREINAFTER DEFINED) OR OTHERWISE.
Releasor hereby expressly waives and releases any and all claims, now known or hereafter known in any jurisdiction throughout the world against Rustic Grains, Mustard Seed Market, an Ohio Limited Liability Corporation, and its affiliates, and their officers, directors, employees, agents, members, contractors, and successors and assigns (collectively, the "Releasees"), on account of injury, death or property damage arising out of or in connection with the activities at Rustic Grains, Mustard Seed Market (may want to include the Clermont County Fairgrounds in here somewhere), whether arising out of the negligence of the Releasees or otherwise.
Releasor covenants not to make or bring any such claim against any of the Releasees, and forever releases and discharges the Releasees from liability under such claims.
Furthermore, Releasor hereby agrees to defend, indemnify and hold each of the Releasees harmless against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by any of the Releasees, arising out or resulting from any claim of a third party related to the Activities, including, without limitation, any other persons engaging in the Activities, if applicable. All matters arising out of or relating to the Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any conflict or choice of law provision or rule (whether of the State of Ohio or any other jurisdiction).
BY CLICKING "I ACCEPT' OR "YES," RELEASOR ACKNOWLEDGES THAT RELEASOR HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT RELEASOR IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES.”
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