Photo + Video Release and Liability Waiver
1. Photograph and Video Release. I understand that by participating in a live “Sugarshack Sessions” experience (the “Activity”), including, without limitation, entering the property located at 10240 Kentucky Street, Bonita Springs, Florida 34135 (the “Property”), I may be photographed, filmed, or otherwise recorded as part of the live “Sugarshack Sessions” experience (the "Production"). I hereby grant my irrevocable consent to Sugarshack Media, LLC, a Florida limited liability company, its members, managers, managing members, employees, agents, affiliates, subsidiaries, and parents (collectively, “Sugarshack Media”), to include my name, likeness, photographic image, mannerisms, and voice in the Production and in promotional videos and photography, and advertisements for the Production, without compensation and/or credit, and for such Production, and related promotional videos and photography, and advertisements to be used for any purpose whatsoever in any and all media now known or hereafter devised throughout the universe in perpetuity, including, without limitation, social media, websites, and YouTube channels maintained by Sugarshack Media. IF I DO NOT WISH TO BE PHOTOGRAPHED, RECORDED, OR APPEAR IN THE PRODUCTION, THEN I SHOULD NOT PARTICIPATE IN THE ACTIVITY.
2. Waiver and Release of Liability. In consideration of my participation in the Activity, including,without limitation, being a passenger in any golf cart or motor vehicle in connection therewith, by my participation in the Activity, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANTNOT TO SUE, Sugarshack Media and Gnome Homes, LLC, a Florida limited liability company, their members, managers, managing members, shareholders, directors, officers, employees, agents, affiliates, subsidiaries, parents, independent contractors, representatives, insurers, licensees, successors and assigns (hereinafter collectively referred to as the “Releasees”) from any and all liability, claims, demands, actions, theories of recovery, suits, trespasses, damages, judgments, executions, causes of action, demands, costs, and expenses (including attorney’s fees and court courts), whatsoever, in law or in equity, arising out of or related to any loss, damage, disability, or injury, including death, that may be sustained by me, or to any property belonging to me, arising out of or attributable to the Activity, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE ACTIVE, PASSIVE, SOLE, CONTRIBUTORY, OR GROSS NEGLIGENCE OF THE RELEASEES AND REGARDLESS OF THE PRESENCE OF THE RELEASEES DURING THE ACTIVITY, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from any loss, liability, damage, deficiency, claim, action, judgment, settlement, interest, award, penalty, fine, cost or expense, including court costs and attorneys' fees that the RELEASEES may incur due to my participation in the Activity, WHETHER RELATED TO MY OWN NEGLIGENCE, CAUSED BY NEGLIGENCE OF THE RELEASEES or otherwise, to the fullest extent allowed by law. It is my express intent that this Waiver and Release of Liability shall bind the members of my family and spouse, if I am alive, and my heirs, successors and assigns and personal representative without limitation, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASEES. I hereby further agree that this Waiver and Release of Liability shall be construed in accordance with the laws of the State of Florida and that any mediation, suit, or other proceeding must be filed or entered into only in Lee County, Florida. I expressly agree that this Waiver and Release of Liability is intended to be as broad and inclusive as is permitted by the laws of the State of Florida and any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
BY VIRTUE OF MY PARTICIPATION IN THE ACTIVITY AND CONSENT TO THIS PHOTOGRAPH AND VIDEO RELEASE AND WAIVER AND RELEASE OF LIABILITY, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing, fully understand its clear, unambiguous, and unequivocal terms, understand that I have given up substantial rights by consenting to it, and hereby consent to it freely and voluntarily without inducement as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least twenty one (21) years of age and fully competent; and I consent to this Photograph and Video Release and Waiver and Release of Liability for full, adequate and complete consideration fully intending to be bound by same.