THIS RELEASE AND WAIVER (“Release”) is executed by the individual ( “Participant,” “I”, “me” or “my” ) registering to attend the event ( “Event” ) specified below arranged and/or organized by SHEIN DISTRIBUTION CORPORATION ( “SHEIN” or “Company” ) at the location ( “Location” ) specified below (SHEIN and Participant are herein also referred to as a “party” and collectively as the “parties” ):
- Event: SHEIN X: Design Summit currently scheduled to take place on April 1, 2023.
- Location: City Market Social House - 1145 San Pedro St, Los Angeles, CA 90015.
In connection with the Event, the Location, and the various activities included in the Event, such as eating, drinking, and related activities (collectively, the “Activities” ), and for good and valuable consideration (including being allowed to attend the Event and participate in the Activities), receipt of which is hereby acknowledged, I do hereby agree (for myself, my heirs, successors and assigns) as follows:
1. COVID-19.
I acknowledge that the Location is a public place of business and that there are risks associated with my participation in the Event, entering the Location, or engaging in Activities, including without limitation, the risk that I could contract COVID-19 or other communicable diseases, which might result in serious medical conditions requiring medical treatment, hospitalization, or death. On behalf of myself and my heirs, successors and assigns, I knowingly and freely, assume all such risks, both known and unknown, relating to my attendance at the Event or participation in the Activities. I hereby forever release, waive, relinquish, and discharge the Company and all Releasees (as defined below) from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action, and other losses of any kind, whether known or unknown, foreseen or unforeseen, as a result of my participation in the Event and engaging in the Activities. In the event I experience illness or injury at the Event, I authorize the Company and any of the Releasees (as defined below) to obtain necessary medical treatment for me and hereby release and hold harmless all the Releasees in the exercise of such right.
2. PHOTO AND VIDEO RELEASE.
I hereby give SHEIN, its employees, contractors, affiliates, and persons acting on its behalf, full permission and authority to film, and/or take photos of, me (collectively, “Filming” ) and to use my image, appearance, biographical information, name, voice, face, and/or likeness in connection with the Event. I hereby grant SHEIN and its affiliates the non-exclusive right and license to post, or otherwise use, my name, nickname, biographical information, mannerisms, personality, quotes and statements, distinguishing characteristics, initials, autograph, voice, photographic or other renderings, statements, image, and likeness as they appear in the Filming throughout the universe in and on Company’s owned and operated websites, apps, social media sites, email newsletters, and in any other media. I agree that I shall have no right of inspection or approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation or right of publicity) arising out of any such use, blurring, distortion, or use in composite form of my name, voice, face, appearance, performance, biographical information and/or likeness.
3. PARTICIPATION RULES.
I agree to abide by all rules and requirements of the Company, which may be posted or distributed at, or prior to, the Event.
4. VALUABLES AND PERSONAL PROPERTY.
I acknowledge that neither the Company, nor the Releasees shall be liable for the loss of, or damage to, my personal property. I ASSUME ALL RISK OF DAMAGE OR LOSS TO MY PROPERTY THAT MIGHT RESULT FROM MY ATTENDANCE AT THE EVENT, INCLUDING WITHOUT LIMITATION, ANY LOSS OR THEFT OF PERSONAL PROPERTY.
5. CONDUCT.
I acknowledge that Company reserves the right to restrict or prevent my attendance at the Event or participation in the Activities at the Location at any time if Company staff and/or security personnel at the Location reasonably determine that my behavior is unsafe or objectionable to Company, or other participants, in Company’s sole and absolute discretion, and that I may be removed from the Event if such determination is made.
6. LIABILITY RELEASE AND INDEMNITY.
For good and valuable consideration (including being permitted to attend the Event), the receipt of which is hereby acknowledged, I agree to RELEASE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE , the Company, its affiliates, parents and subsidiaries, and the Location, and their respective officers, directors, agents, employees, and vendors and each of their respective related, affiliated and subsidiary or parent companies, successors, licensees, and assigns (each a “Releasee” and collectively “Releasees” ) from any and all claims or causes of action (known or unknown), including, but not limited to, any claim or cause of action (including cost and expenses and attorney’s fees) relating to or arising out of my attending the Event or participating in any Activities, including illness, injury and/or death, or any act or omission of any employee, consultant, other independent contractor or other representative of the Company or any of the Releasees.
7. GOVERNING LAW.
This Release shall be governed by and interpreted in accordance with the laws of the State of California applicable to agreements made and to be fully performed in California without regard to any choice of law principles or statutes thereof.
8. ARBITRATION (WAIVER OF JURY TRIAL).
THE PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. The Parties are instead electing that any disputes which may arise out of the Participant’s attendance at the Event or participation in the Activities shall be resolved by binding individual arbitration conducted by JAMS, rather than in court,
as specified in the Terms of Use which also means that Participant waives the right to participate in any class action. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I AM AWARE THAT THIS RELEASE RELEASES THE COMPANY AND ALL OF THE RELEASEES FROM LIABILITY RELATED TO THE EVENT AND ACTIVITIES. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.