BOMBSHELL, INC: BOMBSHELL WEEK AT SEA 2023 COVID-19 SAFETY ACKNOWLEDGEMENT — LIABILITY WAIVER AND RELEASE OF CLAIMS
1. COVID-19 SAFETY INFORMATION:
While participating in events held or sponsored by the BOMBSHELL, INC., (“Bombshell”), consistent with CDC guidelines, participants are encouraged to practice hand hygiene, “social distancing” and wear face coverings to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, BOMBSHELL has put in place preventative measures to reduce the spread of COVID-19. However, BOMBSHELL cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in BOMBSHELL events and/or other face-to-face activities. By attending a BOMBSHELL event, you certify that you do not fall into any of the following categories:
1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID- 19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
2. COVID-19 PRE-EXISTING CONDITIONS AND RISK OF QUARANTINE:
While people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities: (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Individual’s spouse, family members, and other persons in proximity to Individual; and exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
3. DUTY TO SELF-MONITOR:
Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact BOMBSHELL at asims@bombshellfitness.com if he/she experiences symptoms of COVID-19 within 14 days after participating or volunteering with BOMBSHELL
4. LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation with BOMBSHELL, and I willingly engage in BOMBSHELL events and/or other group physical, seminar, recreational, and entertainment activities that are face-to-face (the “Activity”).
5. RELEASE, WAIVER & COVENANT NOT TO SUE:
(a) INDIVIDUAL, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS THAT AN INDIVIDUAL OR ANY OF INDIVIDUAL’S RELEASED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY OF THE RELEASED PARTIES, THAT RELATE TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED HEREIN, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS THAT ARISE OUT OF OR RELATE IN ANY WAY TO (I) INDIVIDUAL’S EXPOSURE TO COVID-19; (II) INDIVIDUAL’S RELEATED PERSON’S OR RELATED PERSONS’ EXPOSURE TO COVID-19, (III) INDIVIDUAL’S TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE VENUE AND/OR COMPLIANCE WITH THE VENUE AND/OR EVENT ORGANIZER POLICIES, PROCEDURES AND PROTOCOLS; (IV) ANY INTERACTION BETWEEN INDIVIDUAL AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE VENUE (INCLUDING, WITHOUT LIMITATION, EVENT ORGANIZER PERSONNEL, ACCESS MANAGEMENT PERSONNEL, PHYSICAL TRAINERS, MAKE-UP ARTISTS, TICKET-TAKERS, SECURITY, HEALTH, SAFETY AND MEDICAL PERSONNEL, FOOD AND BEVERAGE, OR CLEANING, CONCESSION, OR PARKING PERSONNEL); OR (V) ANY OF THE RISKS IDENTIFIED HEREIN (ACKNOWLEDGEMENTS OF COVID-19 AND OTHER RISKS) (COLLECTIVELY, THE “CLAIMS”), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.
(b) FOR THE PURPOSES HEREOF, THE “RELEASED PARTIES” ARE: (I) THE VENUE OWNER/OPERATOR, CARNIVAL CRUISE LINE, BOMBSHELL, INC, ICE EVENTS, LLC, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT PARTIES, AFFILIATES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS) AND OTHER PERSONNEL; (II) THE DIRECT AND INDIRECT OWNERS, LESSEES AND SUBLESSEES OF VENUE AND EVENT ORGANIZER; (III) ALL THIRD PARTIES PERFORMING SERVICES AT THE VENUE OR FOR THE EVENT; AND (IV) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES AND OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS OF EACH OF THE FORGOING ENTITIES AND PERSONS, WHETHER PAST, PRESENT OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES.
6. ASSUMPTION OF RISKS, HAZARDS AND DANGERS:
INDIVIDUAL, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTAIRLY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND THE VENUE, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF INDIVIDUAL, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES, WHETHER OCCURING BEFORE, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER INSIDE OR OUTSIDE OF THE VENUE. INDIVIDUAL HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY PARTICIPATION IN/AT THE EVENT. INDIVIDUAL HEREBY ASSUMES, ON BEHALF OF ITSELF AND RELATED PERSONS, ALL RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.
7. ARBITRATION AGREEMENT:
INDIVIDUAL hereby agrees, on behalf of itself and Related Persons, that: (a) any Claim asserted by INDIVIDUAL against any of the Released Parties shall be resolved by mandatory, confidential, final, and binding arbitration to Judicial Arbitration and Mediation Services, Inc. (“JAMS”); (b) this Section 7 is governed by the Federal Arbitration Act (“FAA”); (c) the FAA is applicable because the Released Parties are engaged in transaction involving interstate commerce; (d) the arbitration shall proceed before a single arbitrator; (e) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures; (f) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (g) the arbitrator shall have the power to award any remedies, including reasonable attorneys’ fees and costs, available under applicable law; (h) judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (i) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (j) any arbitration conducted pursuant to this Agreement shall take place in Orange County, Florida.
8. CLASS ACTION WAIVER:
INDIVIDUAL hereby agrees that any and all disputes, including any Claims made by INDIVIDUAL against any of the Released Parties must be arbitrated on an individual basis only. By signing this Agreement, INDIVIDUAL hereby waives any right to litigate or arbitrate any Claim as a class action, representative action or class arbitration against any of the Released Parties.
9. MEDICAL ACKNOWLEDGMENT AND RELEASE:
I acknowledge the health risks associated with the Activity, which is primarily physical exertion, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer, contractor, subcontractor, or attendee, You recognize that your participation, involvement and/or attendance at any BOMBSHELL, INC event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) BOMBSHELL, INC (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
10. SEVERABILITY:
INDIVIDUAL hereby agrees that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
11. GOVERNING LAW:
INDIVIDUAL hereby understands and agrees that this Agreement is subject to and will be construed in accordance with the laws of the State of Florida, without regard to choice or conflict of law provisions.
Alcohol and Casino Gambling Waiver and Release
I acknowledge that Bombshell, Inc: Bombshell Week At Sea 2023 is being hosted on a cruise ship that has a casino and place of entertainment that offers gambling, games of chance, and provides alcoholic beverages to customers, invitees, and licensees. Bombshell, Inc, its owners, officers. operators, employees, agents, and servants are not responsible or liable for any damages to me or third parties that result from gambling, games of chance, the consumption of alcohol by myself or others, to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
That should I consume alcohol or gamble during Bombshell, Inc: Bombshell Week At Sea 2023 at any host property, I acknowledge that I am solely responsible for any and all losses or damages suffered by myself or that I may cause to third parties as a result of said consumption or gambling to include, but not limited to, financial losses, property damage, personal injury, death, disfigurement, or loss of consortium.
That should I provide alcohol to family, friends, guests, or third parties on any host property during Bombshell, Inc: Bombshell Week At Sea 2023, I acknowledge that I am solely responsible for any and all damages suffered by myself or third parties as a result of providing alcohol to others to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
That I acknowledge it is against the law to serve, provide, or make available alcohol to anyone under the age of twenty-one (21) or for any minor under 18 to be on a casino floor. I swear and affirm not to provide anyone under the age of twenty-one (21) with alcohol or provide casino access to any minor. I further acknowledge that should anyone under the age of twenty-one (21) consume alcohol during Bombshell, Inc: Bombshell Week At Sea 2023 at any host property or gamble under the age of eighteen (18), I am solely responsible for the safety and well-being of that individual. That I am solely responsible and liable for any damages that result from someone under the age of twenty-one (21) consuming alcohol or under the age of eighteen (18) gambling, to include, but not limited to, financial losses, property damage, personal injury, death, or disfigurement to themselves, as well as property damage, personal injury, death, disfigurement, or loss of consortium to third parties.
That I have read this waiver of liability in its entirety and agree with its terms. That I have executed the waiver voluntarily and without any inducement. I hereby for myself, my heirs, executors, administrators, or anyone else who might make a claim on my behalf, covenant not to sue, waive, release, and discharge Bombshell, Inc., its owners, operators, employees, agents, and servants from any and all liability, financial losses, property damage, personal injury, death, disfigurement, or loss of consortium. This waiver extends to any and all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown. I further agree to hold harmless, defend, and indemnify Bombshell, Inc, its owners, officers, operators, employees, agents, and servants for any and all causes of action, claims, or lawsuits that may result from the consumption of alcohol on their property.
PHOTOGRAPHY RELEASE
I hereby give Bombshell, Inc., BSF Productions, its assigns, licensees and legal representatives the irrevocable right to use my name / photograph / image / audio recording / video recording / and likeness (“My Image”) in all forms and manner including but not limited to publication on Internet Web Sites, social media advertising, broadcasts and any other publications as released to or by Bombshell, Inc. and BSF Productions. I understand that Bombshell, Inc. and its affiliates cannot control unauthorized use of My Image by persons not associated with Bombshell, Inc. once My Image has been published. I hereby forever waive any right to inspect or approve any publication of My Image by Bombshell, Inc.. I have carefully reviewed and understand the above provisions and agree to be bound by them. I voluntarily and irrevocably give my consent and agree to this Release and Waiver.
