WAIVER, RELEASE AND HOLD HARMLESS AGREEMENT
In consideration for “my purchase” of a ticket to the 14th Factory exhibition, which is managed and produced by The Fourteenth Factory NPO and Drive Studios, LLC (the “Company”), I, the undersigned, hereby agree for myself and for my personal representatives, heirs, next of kin, successors, and assigns:
- To release, waive and discharge the Company, its boards, agents, employees, representatives, contractors or subcontractors, or their employees (hereinafter, “Release(d) Parties”) from any and all claims or demands of any kind and from all liability, penalties, costs, losses, damages, expenses, claims, or judgments (including attorneys’ fees) resulting from injury, death, or damage to any patron, visitor, third parties or property of any kind, which injury, death or damage arises out of or is in any way connected directly or indirectly to my purchase, whether caused by Released Parties’ active or passive negligence or otherwise. I understand that this release extends to claims that I do not know or do not expect to exist at the time of the signing of this release, and I hereby waive the protections of California Civil Code section 1542.
- To protect, hold free and harmless, defend and indemnify the Released Parties from any and all claims or demands of any kind and from all liability, penalties, costs, losses, damages, expenses, claims, or judgments (including attorneys’ fees) resulting from injury, death, or damage to any patron, visitor, third parties or property of any kind, which injury, death or damage arises out of or is in any way connected directly or indirectly to my purchase, whether caused by Released Parties’ active or passive negligence or otherwise. This indemnity shall include, without limitation, reasonable attorneys’, experts’ and consultants’ fees, investigative costs, and all other reasonable costs incurred by Released Parties.
- To assume full responsibility for and risk of bodily injury or property damage incurred by myself arising either directly or indirectly from my purchase, from any cause whatsoever, whether caused by Released Parties’ active or passive negligence or otherwise.
- That the Released Parties shall not be liable for any damage to any property owned by me, or my agents, employees, contractors or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or arising from the condition of the Premises, all improvements and/or structures located on the Premises or its use by me. The “Premises” shall refer to those buildings commonly known as 400 North Avenue 19 and 405 North San Fernando Road, Los Angeles, California 90031.
I have carefully reviewed this Waiver, Release and Hold Harmless Agreement and understand its contents. I acknowledge this is a knowing and voluntary waiver of my rights.
THE 14TH FACTORY FILMING NOTICE
PLEASE BE ADVISED THAT FILMING/TAPING IS TAKING PLACE IN THIS VENUE IN CONNECTION WITH THE 14TH FACTORY EXIBITION “EVENT”. PEOPLE ENTERING THIS VENUE MAY BE FILMED/TAPED. BY ENTERING THIS VENUE, YOU GRANT 14TH FACTORY NPO AND DRIVE STUDIOS, LLC, ITS SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “PRODUCER”) THE RIGHT TO FILM AND PHOTOGRAPH YOU AND RECORD YOUR VOICE AND A PERPETUAL, WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, IRREVOCABLE LICENSE TO DISTRIBUTE, MARKET AND OTHERWISE EXPLOIT YOUR NAME, LIKENESS, VOICE AND BIOGRAPHICAL MATERIAL IN ANY AND ALL FORMS OF MEDIA NOW KNOWN OR HEREAFTER DEVISED, INCLUDING, BUT NOT LIMITED TO, THE INTERNET, SATELLITE, AND CLOSED CIRCUIT TELEVISION, IN-FLIGHT VIDEO, HOME ENTERTAINMENT (INCLUDING HOME VIDEO IN CURRENT AND FUTURE FORMATS, AND ONLINE SERVICES, BOTH COMMERCIAL AND NON-COMMERCIAL) LINEAR, DIGITAL AND INTERACTIVE FORMATS AND PRINTED TRANSCRIPTS, ALL AS PRODUCER DEEMS APPROPRIATE IN ITS SOLE DISCRETION IN OR IN CONNECTION WITH: (I) THE EVENT; (II) ANY WORKS BASED UPON THE EVENT AND/OR ANY OTHER PRODUCER-RELATED PRODUCTIONS (COLLECTIVELY, THE “PROGRAMMING”); (III) THE PROMOTION AND/OR DISTRIBUTION OF THE PROGRAMMING (OR ANY PORTION THEREOF); AND/OR (IV) THE AVAILABILITY OF THE PROGRAMMING (OR ANY PORTION THEREOF). PRODUCER SHALL HAVE THE RIGHT TO SUBLICENSE THE FOREGOING LICENSES AND/OR THE PROGRAMMING (OR ANY PORTION THEREOF) TO ANY PARTY WITHOUT RESTRICTION: (I) IN CONNECTION WITH THE DISTRIBUTION AND PROMOTION OF THE PROGRAMMING; AND (II) FOR ADVERTISING, MARKETING, PROMOTIONAL AND COMMERCIAL TIE-IN PURPOSES IN CONNECTION WITH THE PROGRAMMING, AND YOU RELEASE PRODUCER AND PRODUCER’S LICENSEES FROM ALL LIABILITY IN CONNECTION THEREWITH. YOU AGREE AND UNDERSTAND THAT PRODUCER WILL PROCEED IN RELIANCE UPON THIS GRANT AND RELEASE. PRODUCER DOES NOT ASSUME RESPONSIBILITY FOR ANY INJURY TO YOUR PERSON OR DAMAGE OR LOSS TO YOUR PROPERTY.