WAIVER OF LAWSUIT/LIABILITY. I AGREE TO RELEASE AND ON BEHALF OF MYSELF, MY HEIRS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY DO RELEASE PINK LIGHTNING, ITS OFFICERS, TRUSTEES, EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES AND INSURERS (RELEASEES) FROM ANY CAUSES OF ACTION, CLAIMS, OR DEMANDS OF ANY NATURE WHATSOEVER INCLUDING, BUT IN NO WAY LIMITED TO, CLAIMS OF NEGLIGENCE, ACTIVE OR PASSIVE, WHICH I, MY HEIRS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE, NOW OR IN THE FUTURE, AGAINST PINK LIGHTNING ON ACCOUNT OF PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR ACCIDENT OF ANY KIND, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF PINK LIGHTNING’S PRACTICES AND EVENTS ON OR OFF-WATER WHETHER THAT PARTICIPATION IS SUPERVISED OR UNSUPERVISED, HOWEVER THE INJURY OR DAMAGE OCCURS, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE OF RELEASEES.
Severability. The provisions of this Agreement are severable, and if any provision is found to be unenforceable, the other provisions shall remain fully valid and enforceable. This Agreement shall survive the termination of any arrangement contained herein.
Waiver of Likeness. I hereby give Pink Lightning permission to use any photographs, motion pictures, recordings, and/or likenesses, which may be edited disseminated, adapted, modified, copied, used, exploited in whole or in part in all media and formats throughout the world in perpetuity for any legitimate commercial or non-commercial purpose, including but not limited to promoting, advertising, and marketing, in print, on websites, or other mediums, without prior notice or compensation.
Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey; any and all disputes under and/or related to this Agreement shall be resolved first by either binding arbitration or mediation by a mediator or arbitrator selected by Pink Lightning, and in the event that the dispute is unable to be resolved by the former, it shall be resolved in a Court of the State of New Jersey, in Morris County. In the event of a dispute respecting this Agreement, the prevailing party is entitled to reasonable attorney’s fees and costs.
Waiver of Jury Trial. Each party hereby irrevocably waives its rights to trial by jury in any Action or proceeding arising out of this Agreement or the transactions relating to its subject matter.