Release of Liability & Hold Harmless Agreement
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of any and all services/activities/events, sponsored or non-sponsored, on/in premises of Native Keto organized by Native Keto, of 841 8th Avenue NE, Hickory, North Carolina, 28601 and/or use of the property, facilities and services of Native Keto, I, any and all clients/employees/vendors other unspecified persons on/in premises of Native Keto with or without permission of Native Keto, of 841 8th Avenue, Hickory, North Carolina 28601, agree for myself and (if applicable) for the members of my family, to the following:
AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Native Keto, or the employees, representatives or agents of Native Keto.
ASSUMPTION OF THE RISKS AND RELEASE
I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Native Keto for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Native Keto, whether caused by the fault of myself, my family, Native Keto or other third parties.
I agree to indemnify and defend Native Keto against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Native Keto.
I agree to pay for all damages to the facilities of Native Keto caused by any negligent, reckless, or willful actions by me or my family.
Any legal or equitable claim that may arise from participation in the above shall be resolved under North Carolina law.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Native Keto has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
ARM’S LENGTH AGREEMENT
This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to an occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT (the “Agreement”) is made as of 01/01/2016 by and between Native Keto, as the person or entity receiving indemnity (hereinafter referred to as the “Indemnitee”), located at 841 8th Avenue NE, Hickory, North Carolina 28601, and Clients, Employees, Vendors And Any Other Unspecified Persons On Or In The Premises Of With Or Without Permission, as the person or entity bound to provide and/or protect the Indemnitee (hereinafter referred to as the “Indemnitor”), located at 841 8th Avenue NE, Hickory, North Carolina 28601, and at times the Indemnitee or Indemnitor may be referred to as the “Party” or may be collectively referred to as the “Parties.”
WHEREAS, the Indemnitor desires and wishes to hold harmless and indemnify the Indemnitee and its successors and assigns from any and all liabilities, losses, claims, judgments, suits, fines, penalties, demands or expenses, including, but not limited to, all reasonable costs for defense and investigation thereof (including but not limited to attorney’s fees, court costs and expert fees) claimed by anyone by reason of injury or damage to persons or property sustained in or around any and all sponsored or non-sponsored services offered by Native Keto/ activities/events on or in the premises of Native Keto as a proximate result of the acts or omissions of the Indemnitee, its agents, successors and assigns or arising out of the operation or actions of the Indemnitee upon or about any and all sponsored or non-sponsored services offered by Native Keto/ activities/events on or in the premises of Native Keto, except when such liability may result from the sole negligence of the Indemnitee, its officers, directors, agents, servants, and/or employees; provided however, that upon the filing of any claim with the Indemnitor for damages arising out of incidents for which the Indemnitee herein agrees to hold Indemnitor harmless, then and in that event the Indemnitor shall notify Indemnitee of such claim and Indemnitee shall have the right to settle, compromise, and/or defend the same.
REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES
Each party signing this Agreement represents and warrants that s/he is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.
MODIFICATION OF AGREEMENT
This Agreement may be supplemented, amended, and/or modified only by and through the mutual agreement of all parties. No supplement or modification of this Agreement shall be binding unless done so in writing and signed by all parties to this Agreement.
The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
This is the entire agreement between the aforementioned parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.
ENFORCEABILITY, SEVERABILITY AND/OR REFORMATION
In the event that any covenant, provision and/or restriction is found by a court of competent jurisdiction to be unenforceable, such provision shall be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced as if such provision was not included.
In the event that any court determines that any of the covenants, provisions or restrictions to be excessive in duration or scope or to be unreasonable or unenforceable under the laws of that state, it is the intention of the parties that such restriction may be modified or amended by the court to render it enforceable to the maximum extent permitted by the laws of that state.
The validity, construction, and performance of this Agreement shall be governed and construed in accordance with the laws of North Carolina applicable to contracts made and to be wholly performed within such state, without giving effect to any form of conflict of law provisions thereof. The Federal and State courts located in North Carolina shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.
JURISDICTION AND VENUE
This Agreement is to be construed pursuant to the current laws of the State of North Carolina. In the event that any dispute shall arise under or in connection with the agreement or related to any matter which is the subject of the agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in North Carolina.
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841 8th Ave NE
Hickory, NC 28601