Neighborhood Hero Rules
I desire to engage and participate in the Home Delivery promotion hosted by Pepin Distributing Company at My home and/or neighborhood; (hereinafter the “Property”) while engaging in promotion activities including without limitation sampling and consuming alcohol, accepting gifts, and taking photographs (collectively hereinafter referred to as “Activities”) that may or may not be provided or facilitated by employees or private contractors of Pepin Distributing Company and I agree to enter this Release in consideration of being permitted to (i) participate as a participant, and (ii) conduct, host, or engage in Activities related to this promotion. In this Release, the words “I,” “Me,” “My,” and “Myself” mean the person who signs this Release. I acknowledge and agree as follows for Myself, My personal representatives, heirs, and next of kin:
- Representations. I HEREBY REPRESENT AND WARRANT THAT I:
- Acknowledge as the recipient, am also the legal homeowner of the Property where the Promotion Activities shall be hosted, am at least 21 years of age or older, and take full responsibility for the conduct of Myself, My family, My guests, My invitees, and any other individual, not otherwise employed or contracted by Pepin Distributing Company present during the duration of the promotion and attendant Activities;
- Have been provided with and will follow all of the promotion rules and regulations with respect to engaging in any Activities;
- Acknowledge that Pepin Distributing Company makes no representation or warranty of any kind or nature concerning the condition or maintenance of the equipment or materials provided for my use which are used to facilitate Activities of the Promotion;
- Agree to fully comply with and abide by all laws (Federal, state, and local), any applicable Homeowners Association rules and covenants, and all promotion rules and regulations that apply to any Activity, or otherwise, in which I or My family, My guests, or My invitees, participate;
- Agree as the homeowner to conduct Myself and instruct My family, My guests, and My invitees to conduct themselves in a safe and prudent manner at all times for the duration of the promotion for the safety of Myself and all others;
- Agree that I will consume any alcohol provided by Pepin Distributing Company responsibly and acknowledge that I have encouraged My family, My guests, and My invitees of legal drinking age to do the same;
- Acknowledge that I will prohibit My family members, My guests, and My invitees under the age of 21 from the illegal consumption of alcohol of any kind and accept full responsibility for any of My family, My guests, and My invitees who violate the law; and
- Acknowledge that I and My family, My guests, and My invitees have been encouraged to arrange other means of transportation if I or any of the aforementioned individuals will be drinking alcohol and I understand that if there are any concerns about My ability or My family members, My guests, and My invitees ability to operate a motor vehicle upon leaving the Property, any agent or employee of Pepin Distributing Company may call the local police department to conduct a wellness check on My, My family members, My guests, and My invitees behalf, but does not have any obligation to do so.
- Assumption of Risk. I HEREBY ACKNOWLEDGE that I voluntarily chose to enter the promotion, accept the prize, and participate in and host the attendant Activities at My own risk, and I voluntarily assume the risk and danger of injury that may be associated with participating in these Activities as well as for my actions while under the influence of alcohol;
- Waiver and Covenant Not to Sue. I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Pepin Distributing Company and the foregoing’s members, managers, affiliates, subsidiaries, shareholders, directors, officers, agents, representatives, contractors, consultants, and employees (hereinafter “Releasees”) from any and all claims or demands therefore on account of injury to Me, My family, My guests, and My invitees, My property, or that of My family, My guests, and My invitees or resulting in My, My family, My guests, and My invitees death, whether caused by the active or passive negligence of the Releasees or otherwise, while I am hosting and/or participating in Activities provided or facilitated by Releasees;
- Indemnification. I HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from any and all loss, liability damage, or costs, including attorneys fees as a result of any claims, demands, actions, causes of action, damages, or judgements, that Releasees may incur arising out of, claimed on account of, or in any manner predicated upon My, My family, My guests, and My invitees participation in any promotion Activity, including any and all loss or damage to property, personal or otherwise, personal injury or death of any person which occurs as a result of My, My family, My guests, and My invitees participation in any Activity, even where the loss, damage, personal injury or death is caused or contributed to by the Releasees, whether or not caused by Releasees active or passive negligence or otherwise;
- Negligence. I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to the active or passive negligence of Releasees or otherwise while I am hosting the promotion and Activities and/or participating in Activities provided or facilitated by Releasees;
- Property Damage. I HEREBY ASSUME FULL RESPONSIBILITY FOR My own property, whether personal or otherwise, including, but not limited to, the property of My family, My guests, and My invitees. I hereby release the Releasees from any and all liability in connection with loss, damage, or destruction however minor or major, to any and all of My personal property or the personal property of My family, My guests, and My invitees used or stored on my Property, whether secured or unsecured;
- Photo Release. I HEREBY CONSENT TO AND AUTHORIZE Releasees to record My likeness and voice either by video, audio, digital, photographic, electronic or other medium and to use, reproduce, and distribute said recordings in any format in perpetuity;
- Term. I ACKNOWELDGE that the terms and conditions set forth above, including My ASSUPTION OF RISK, COVNENANT NOT TO SUE, WAIVER AND RELEASE OF LIABILITY, AGREEMENT TO INDEMNIFY, AND AGREEMENT TO HOLD HARMLESS shall continue in full force and effect at all times and shall not expire nor require renewal and shall survive any cancellation, termination or expiration of, and supersedes to the extent different from, any other agreements I have with Releasees;
- Fees. In connection with any attempt to recover losses incurred on such claims or demands or connection with the enforcement of this Agreement, I agree to pay Releasees such attorney’s fees, reasonable costs and/or expenses for which expenditure is made or liability incurred by any Releasee;
- Severability. If any part of this Agreement is found to be unenforceable by a court of competent jurisdiction, such decision shall NOT affect the validity of the remaining portion(s) and such remaining portion(s) shall remain in full force and effect as if this agreement had been executed with the invalid portion therefore eliminated;
- Governance. This Agreement is made and construed according to the current laws of the State of Florida; and is governed accordingly;
- Headings. The headings used in this waiver are inserted for convenience of reference only and shall not in any way affect the meaning or interpretation of this waiver.
I HEREBY ACKNOWLDGE THAT I HAVE READ, FULLY UNDERSTAND, AND AGREE WITH EACH AND EVERY PROVISION SET FORTH ABOVE AND THAT I AM EXECUTING THIS WAIVER AND RELEASE OF LIBAILITY, INDEMNITY AGREEMENT AND ASSUMPTION OF RISK ON MY OWN FREE ACT.
I HAVE READ THIS AGREEMENT AND INTENTIONALLY WAIVE CERTAIN LEGAL RIGHTS AND UNDERSTAND THE RELEASE OF CLAIMS AGAINST THE RELEASEES.
I UNDERSTAND AND I ASSUME ALL INHERENT RISKS ASSOCIATED WITH ACTIVITIES.