Release and Waiver of Liability Agreement 

Release and Waiver of Liability Agreement 

This Release and Waiver of Liability Agreement (this “Agreement”) is entered into by the undersigned individual (the “Participant”) New Growth Horizon, LLC (the “Company”), as of the date signed below. The Company and Participant may be collectively referred to as the “Parties.” 

 

WHEREAS, the Company organized and is hosting a private social and educational gathering where invitees are able to learn about various types of cannabis products, their uses, benefits, and proper consumption methods; this education can, at the invitees, discretion include sampling different products (the “Event”); 

 

WHEREAS, the Event is being hosted at a third-party venue known as EVENT LOCATION, EVENT LOCATION ADDRESS (the “Premises”); and 

 

WHEREAS, the Company requires the Participant to read and consent to this Agreement before they are allowed to access the Event. 

 

In consideration for being provided the ability to participate in the Event and enter the Premises, the Participant signing below hereby stipulates and agrees as follows: 

 

  1. Assumption of Risk. I understand and acknowledge that the Event may include the consumption of cannabis which has many side effects, including intoxication, and may involve risks to Participant’s health.  I understand that cannabis effects individuals differently, and I acknowledge that the Company is not responsible for any reaction I may have. I understand that the Company does not provide medical services. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY ATTENDANCE AT THE EVENT AND PARTICIPATION IN ACTIVITIES DURING THE EVENT. 
  2. Release from Liability. In exchange for my access to and participation at the Event, the sufficiency of which is acknowledged, I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Company, the Premises and their beneficial owners, as well as their affiliates, respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all  claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known, attributable or relating in any manner to my attendance and participation in the Event, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. I acknowledge and agree that this Agreement is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me during or after the Event. 
  3. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while participating in the Event or at any time after the Event. 
  4. Indemnification. I hereby agree to defend, indemnify and hold harmless Company and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my participation in the Event, including the consumption of cannabis. I understand that it is illegal to drive under the influence of any drug, including cannabis, and that this indemnification covers any injury to myself or other third-parties relating from any personal injury, loss of life or damage to property resulting from impaired driving. 
  5. Medical Treatment Release. I hereby authorize the Company to secure, and I consent to, any medical treatment that may be given to me should the Company determine, in its sole discretion, that I need medical care, as a result of participating in the Event. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my treatment or transport. 
  6. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises or that I use during the Event, and that the Company will not be responsible for or provide any security for my property and personal belongings. 
  7. Educational Event. The Event is organized to help individuals learn and educate themselves on the different types and uses of cannabis products. The Company reserve all right to immediately remove any Participant at its discretion who: (i) does not respect the educational environment of the Event; (ii) displays signs of intoxication; (iii) violates any rules of the Event; or (iv) any other activity which in the Company’s discretion does not align with the values and goals of the Event. 
  8. No Representations by Company. I acknowledge that the Company makes no representation as to the condition of the Premises or the safety of the Event or any equipment either on the Premises or used in the Event. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this agreement or the Premises or Event, except to the extent such representations are expressly set forth in this agreement. 
  9. Promotional Release. Professional photographs, audio, and visual may be captured at the Event. Participant hereby grants Company a worldwide, royalty-free irrevocable license to use Participant’s photographic, video, or digital likeness for promotional, educational, and/or commercial purposes. This Paragraph shall, however, be limited to pictures, videos, and descriptions of events which are captured during the Events, or within a reasonable time thereof. Participant can opt out from providing permission for the Promotional Release discussed herein by providing notice, in writing, to Company. 
  10. Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Missouri, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Agreement must be brought exclusively in the Circuit Court of Saint Louis County, Missouri. 
  11. Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter. 
  12. Survival. Any provision of this Agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable. 
  13. Compliance with Laws. The Participant acknowledges that Missouri law prohibits liquor licensees from selling alcohol on licensed premises when marijuana consumption is being allowed.  The Participant agrees to not bring to the Event, or consume while at the Event, alcohol of any kind or any illegal substance.  
  14. Severability. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 
  15. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. 

 

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS THAT BELONG TO ME, INCLUDING THE RIGHT TO SUE THE COMPANY AND THE OWNERS OF THE PREMISES. I UNDERSTAND I HAVE THE RIGHT TO CONSULT MY OWN LEGAL COUNSEL BEFORE SIGNING THIS AGREEMENT.  I AM AT LEAST TWENTY-ONE (21) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND. 

 

Participant’s Age Acknowledgement 

  • I certify that I am 21 years of age or older. 

 

Participant’s Acknowledgement 

  • I attest that I am not currently under the influence of alcohol or any illegal intoxicating substances. 

 

Electronic Signature Consent 

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent, but such withdrawal cannot impact the legal validity and significance of your previous electronic signatures binding you to such previous agreements. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary. 


Contact Us

If you have any questions about this waiver, please contact us.


hello@properbrands.com


Marketing Department
2609 Rock Hill Industrial Ct.
St. Louis, MO 63144