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I, the undersigned, an adult 18 years or older, hereby execute this Assumption of Risk, Release and Waiver of liability ("Agreement"). I also represent to be the parent, guardian or other lawful personal representative of any person accompanying me in or around the Warehouse who is under the age of 18 for all purposes set forth herein (referred to as "Minor" or "Minors"). I hereby acknowledge that the use of "You", "Your" or "Yourself" in this Agreement collectively means me and any Minor(s). By executing this document, You acknowledge the contents hereof and agree to enter Tomatoes Extraordinaire, Inc., doing business as Specialty Produce, Studio Kitchen by Specialty Produce and Specialty Produce Network (referred to herein as "Specialty Produce"), and the Specialty Produce properties at 1929 Hancock Street, San Diego, CA 92109 (collectively, the "Warehouse"), and do so under the following conditions:
WARNING - PROCEED WITH CAUTION
Specialty Produce is a working warehouse
for the distribution of agricultural and food-related products. Entrance, access and use of the Warehouse is a courtesy which may be revoked at the sole discretion of Specialty Produce. Employees will be loading and unload trucks and operating heavy equipment while You are visiting or shopping in and around the Warehouse.
The floors may be wet or slippery and walking surfaces may be uneven.
You must observe and follow all signs, warning signs and restrictions. You must wear Specialty Produce provided gloves while handling any raw product. At all times You are solely responsible for determining whether the Warehouse is safe for You and any Minors.
The use of all Warehouse equipment and materials, including but not limited to ladders, step ladders, pallets, pallet jacks, forklifts, tools and machinery is prohibited. You are not allowed access to employee-only areas or other areas of the Warehouse designated as restricted areas. Anyone using offensive or harassing language, or suspected to be under the influence of alcohol, drugs or other substances which, at the sole discretion of Specialty Produce, creates a toxic or undesirable atmosphere or a risk of harm to any person(s) or property, will not be permitted in the Warehouse. You understand and accept that Specialty Produce reserves the right to refuse, for any reason and without explanation, Your entrance to the Warehouse or other any property based on the above-stated policy.
Your signature below indicates You have read and agree, without dispute, to the foregoing policies and regulations for customers and guests.
RISK OF INJURY AND WAIVER / ASSUMPTION OF RISK
You understand that entering the Warehouse presents a risk of injury. You agree, on behalf of Yourself and any Minors, to assume any and all risk for injuries arising out of, or related to, Your activities and the activities of Minor(s) in the Warehouse and understand that the Released Parties (as such term is defined below) shall NOT be responsible or liable for any injury, damage, loss or expense to You or to Minor(s) incurred as a result of participating in such activities. Your entry into the Warehouse is voluntary and You, individually and on behalf of the Minor(s), do so with knowledge of the dangers involved and hereby agree to accept and assume any and all risks of injury, death, or property damage, whether caused by the negligence of the Specialty Produce or otherwise.
YOU AGREE TO ASSUME ALL RISKS, including all risk of negligence, and also those risks not specifically identified. You hereby acknowledge that this assumption of risk, waiver and release extends to all acts of negligence by the "Released Parties" (defined below), and is intended to be as broad and inclusive as permitted by the laws of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
You further agree to accept and assume all liability for any damages caused to the Warehouse premises by You (other than normal wear and tear), including, but not limited to, misuse of the Warehouse. If there are damages, repairs, service and maintenance costs to the Warehouse resulting from Your conduct, You agree to reimburse Specialty Produce for any and all of those costs.
You understand that the activities that take place in the Warehouse may not be supervised and that Specialty Produce does not provide medical services. You further acknowledge that any injury sustained while in or around the Warehouse may be compounded by delayed medical service. If the need for medical attention is brought to the attention of Specialty Produce, an employee will assist in contacting someone of Your choosing or emergency medical personnel. However, costs and expenses associated with any medical attention You receive will not be paid for, or reimbursed by, Specialty Produce. YOU VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO YOUR ACTIVITES, AND THE ACTIVITIES OF MINOR(S), IN AND AROUND THE WAREHOUSE, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, AND ANY ASSOCIATED MEDICAL COSTS OR OTHER EXPENSES OR LOSSES RESULTING THEREFROM.
WAIVER OF USE OF PHOTOS, IMAGES AND LIKENESS
Specialty Produce uses pictures and images of the Warehouse and its customers for on Specialty Produce's website, blogs, social media platforms, Facebook, Instagram, Twitter, Google brands and other marketing materials ("Publications"). You hereby grant Specialty Produce the right to use Your name, likeness, image, photos and recordings ("Images") on its Publications and to use or re-use the Images in whole or in part as Specialty Produce may elect. Specialty Produce shall have complete ownership of the Images and Publications in which You and the Minor(s) appear, including copyright interests, and You acknowledge that You and the Minor(s) have no interest or ownership in the Images or Publications.
You, individually, and on behalf of the Minor(s), confirm that Specialty Produce has no financial commitment or obligations to You, the Minor(s) or any other person or entity as a result of its use, possession or publication of Your Images. You hereby give all clearances, copyright and otherwise, for Specialty Produce's use of Your Images. The rights granted to Specialty Produce of Your Images herein are perpetual and worldwide.
RELEASE OF LIABILITY OF SPECIALTY PRODUCE
As a condition of Your access to the Warehouse, on behalf of You, Minors, and Your successors and assigns, You hereby agree to forever release, discharge, acquit, hold harmless and indemnify Tomatoes Extraordinaire, Inc., and its affiliated companies to include, but not limited to, Specialty Produce, Studio Kitchen by Specialty Produce, Specialty Produce Network and all their affiliated companies and their respective members, partners, principals, shareholders, directors, officers, agents, employees, contractors, volunteers, insurance companies, attorneys, representatives, successors, assigns and the Warehouse landowners, landlords, property managers and tenants (collectively, all the foregoing are referred to as the "Released Parties") from any and all charges, complaints, injuries, property loss, claims, demands, obligations, damages, actions, causes of action, suits, rights, costs, losses, debts, expenses (including attorney's fees and costs), liabilities, and indebtedness, of every type, kind, nature, description or character, whether known or unknown, suspected or unsuspected, liquidated or unliquidated arising from, under or related to, any act or omission of any of the Released Parties, or otherwise in any way related to, or arising from, participation in or access to the Warehouse or other Released Parties' properties (collectively, "Released Matters").
You acknowledge and agree that the releases made herein constitute final and complete releases of the Released Parties with respect to all Released Matters, and that by signing this Agreement, You are forever giving up the right to sue or attempt to recover money, damages, restitution, injunctive relief or any other relief or remedies from the Released Parties for all claims You, or any Minor(s), may have with respect to the Released Parties and Released Matters (even if any such claim is unforeseen as of the date hereof). You understand California Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You, being aware of the foregoing language of Section 1542, hereby expressly waive any and all rights You or Minor(s) may have thereunder and do so understanding and acknowledging the significance and consequence of such specific waiver.
READ AND UNDERSTOOD
You acknowledge and confirm having read this Agreement in its entirety, fully understand its terms, understand that You have given up substantial rights by signing it on behalf of Yourself and Minor(s), and You are aware of its legal consequences, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to You or Minor(s), and intend Your signature to be a complete and unconditional release of all liability as set forth herein to the greatest extent allowed by law.
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