I understand that if I am selected by the Company, I will be participating in a product testing program (the "Program") for footwear that is still in development. I acknowledge and agree to the following:
1. Assumption of Risk: I understand that wearing and testing shoes involves inherent risks, including but not limited to: slips, falls, blisters, foot discomfort, ankle injuries, and other potential injuries. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE PROGRAM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. Release of Liability: I hereby expressly release, waive, and discharge the Company, its owners, employees, contractors, affiliates, successors, and assigns (collectively, the "Releasees") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury (including death) that may be sustained by me in the course of my participation in the Program, whether caused by negligence or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for any liabilities that applicable law does not permit to be released by agreement.
3. Product Testing Acknowledgment: I understand these are prototype/sample shoes being tested and may not represent the final product. I will use reasonable care when wearing them and will discontinue use if I experience discomfort or safety concerns.
4. Medical Disclaimer: I confirm that I have no medical conditions that would make wearing these shoes unsafe. I will consult with a medical professional if I have any concerns about my ability to safely test footwear.
5. Indemnification: I shall defend, indemnify, and hold harmless the Company and all other Releasees 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 hereunder, incurred by the Company or any other Releasees, arising out or resulting from any claim of a third party related to my participation in the Program.
6. Photographic Release: I hereby irrevocably grant and license to Company and its affiliates, successors, licensees, agents, and assigns the rights to (i) digitize, modify, alter, edit, adapt, create derivative works, display, publicly perform, exhibit, transmit, broadcast, reproduce, exploit, sell, rent, license, otherwise use, and permit others to use, the photos and videos I provide for product development and marketing purposes (the "Materials") and (ii) use my likeness, appearance, and other personal characteristics and information in connection with such the Company's use of such Materials, in perpetuity, throughout the universe, in any and all media and formats and by any and all technologies and means of delivery whether now or hereafter known or devised, including but not limited to, internet streaming and downloading, websites, other digital transmission or delivery methods, mobile applications, television broadcast, cablecast, and satellite, home video, video on demand, radio, and print publications, on any platform, including but not limited to televisions, computers, and mobile devices, and in connection with ancillary products, including but not limited to merchandise, books, and software applications, without further consent from or any royalty, payment, or other compensation to me except as otherwise expressly provided in this Agreement.
7. Miscellaneous: This agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This agreement is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any claim or cause of action arising hereunder may be brought only in the federal and state courts located in Rockingham County, New Hampshire, and I hereby consent to the exclusive jurisdiction of such courts.
