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    WAIVER, RELEASE, CONSENT

     

    WAIVER, RELEASE, CONSENT AND ASSUMPTION OF RISK

    For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including the opportunity afforded me to participate on a voluntary basis in a case study, demonstration or other activities conducted by JAMBER, Inc. or its employees, agents, and representatives, I hereby voluntarily waive, release and discharge any and all actions, causes of action or claims for personal injury, death or property damage which I may have or which may subsequently accrue to me as a result of my participation in such activities.

    I hereby forever release and discharge JAMBER, Inc., and its officers, directors, stockholders, affiliates, subsidiaries, parent companies, agents, assigns, designees (including, but not limited to, any agencies, broadcasters, periodicals or publications), employees, successors and assigns (each in their individual and corporate capacities) (hereinafter the “Released Parties”) harmless from and against any and all actions, courses of actions, claims, demands, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees and costs) of any nature whatsoever, whether in law or equity, known or unknown, that I ever had, now have or hereafter may have against any of the Released Parties arising out of my participation in such activities, even though the liability may arise out of negligence on the part of the Released Parties, or otherwise.

    I understand that I could be injured while participating in such activities. I also certify that I am in good condition and am able to safely participate in the activities for which I have volunteered.

    I assume full responsibility for and risk of personal injury, death and property damage resulting from my participation in such voluntary activities, and I release and hold harmless the entities and persons named above who might otherwise be liable to me for damages.

    For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby grant JAMBER, Inc. the following irrevocable rights in connection with any and all photographs or videography taken of me:

      (a) To use, re-use, publish, and re-publish, without my prior approval, any and all photographs or videography taken of me, in whole or in part, individually or in conjunction with other photography, images, or video, modified or altered, in any medium, manner or form and for any purpose whatsoever, including, without limitation, all promotional, trade and advertising uses;

      (b) To use my name in connection therewith, if it so desires; and

      (c) To copyright such photographs or videography in its own name or any other name that it may chose.

    I hereby forever release and discharge the Released Parties from all liabilities, claims (including, but not limited to, any claims for invasion of privacy or defamation), complaints, demands, actions, damages, costs or expenses (including reasonable attorneys’ fees and costs) of any nature whatsoever, whether in law or equity, known or unknown, that I ever had, now have or hereafter may have against any of the Released Parties arising out of or in any way related, directly or indirectly, to the use, re-use, publication or re-publication of any such photographs or videography. I hereby waive any right to any compensation arising from or related to the use of such photographs or videography. This release shall inure to the benefit of the assigns, licensees and legal representatives of the Released Parties.

    I agree that this release shall be binding upon me personally, all members of my family, and my and their heirs, successors, assigns and legal representatives, it being my intention to release the Released Parties from any and all liabilities to the maximum extent permitted by law.

    I acknowledge that I have read this document thoroughly and am fully aware of the legal consequences of signing below and that I sign the same as my own free act and deed.

    I agree that this release shall be binding upon me personally, all members of my family, and my and their heirs, successors, assigns and legal representatives, it being my intention to release the Released Parties from any and all liabilities to the maximum extent permitted by law.

    I acknowledge that I have read this document thoroughly.

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