RELEASE OF LIABILITY AND ASSUMPTION OF RISK WAIVER
The individual named below (referred to as “I” or “me”) desires to participate in services at the BESTFRIENDZ SELFIE LOUNGE (the “Activity”) provided by by BESTFRIENDZ LLC, an Ohio limited liability company (the “Company”) providing services at 9330 SR 43, Liberty Corners Plaza, Streetsboro, Ohio. In consideration of the intangible value that I will gain by participating in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).

I am aware and understand that the Activity involves the risk of serious injury, disability, death, and/or property damage. I am also aware of the contagious nature of bacterial and viral diseases, including the 2019 novel coronavirus disease (COVID-19) (collectively, the “Diseases”) and the risk that I may be exposed to or contract the Diseases by engaging in the Activity, which may result in serious illness, personal injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of the Diseases, the Company cannot guarantee that I will not be injured or become infected with the Diseases due to my participation in the Activity and that engaging in the Activity may increase my risk of contracting the Diseases. I acknowledge that my participation of the Activity is voluntary and entirely at my own risk. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, manager(s), employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees 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.

I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) not experiencing symptoms of the Diseases (such as cough, shortness of breath, or fever), do not have a confirmed or suspected case of the Diseases, and have not come in contact in the last 14/ days with a person who has been confirmed to have or suspected of having the Diseases. I will comply with all federal, state, and local
laws, orders, directives, and guidelines related to the Activity and the Diseases while participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Diseases, I will immediately discontinue further participation in the Activity.

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, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, 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 Activity, including any claim related to my own negligence or the ordinary negligence of the Company.

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.

I give the Company, and third parties authorized by Company, permission irrevocably and in perpetuity to use, adapt, reproduce, distribute, display, and publicize my name, image, likeness, writings, voice, and biographical data, in whole or in part, in connection with the promotional or marketing activities of Company, and third parties authorized by Company, without additional compensation to me. I understand that my name, image, and likeness may be recorded by various means, including but not limited to still photography and video. I waive to the fullest extent permitted by law any causes of action in law or in equity I may have now or in the future against Company, and third parties authorized by Company, for libel, slander, invasion of privacy, copyright or trademark infringement, violation of the right of publicity, or false light arising out of or in connection with Company’s or third parties’ authorized by Company, use of any likeness. I agree that all aspects of my likeness are owned by Company and that Company may copyright any material containing my likeness.

All artwork, installations, and designs (collectively, “Intellectual Property”) at the premises of Company are intended solely for the personal use of Participant in conncection with Activity and are protected under copyright and other applicable laws. Participant agrees not to use any photograph, video, or other image containing the Intellectual Property for any commercial use without the prior written consent of Company.

I affirm (or my parent or legal guardian affirms) that I am accepting the terms and conditions of this Agreement. I certify that I have read this Agreement, that I
fully understand its content, and that this Agreement cannot be modified orally. I am aware that this is a release of liability and a contract and that I am agreeing to it of my own free will. If any damage to equipment or facilities where the Activity occurs is a result of my willful actions, neglect, or recklessness, I agree to be held liable for all costs associated with the damage. The Company and its staff reserve the right to refuse entry or removal from its Premises for any reason. Company does not provide any refunds for any services or activities. Company allows exchanges and rescheduling for its services within six (6) months from the initial scheduling.

This Release 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 Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Ohio and I hereby consent to the exclusive jurisdiction of such courts.

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BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
Signed:

Printed Name:

Address:

Date:

[I am the parent or legal guardian of the minor named above. I have the legal right to consent and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability.

Signed:

Printed Name of Parent or Legal Guardian:

Address:

Date: ]

[Witnessed:

Printed Name of Witness:

Address:

Date: ]