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    Release And Waiver Of Liability And Indemnification Agreement

    Release And Waiver Of Liability And Indemnification Agreement

    In consideration of performing the activities in a video described on the website that linked to this form and created by BuzzFeed, Inc., I, the undersigned, hereby release, waive, discharge and covenant not to sue BuzzFeed, Inc., its parents, subsidiaries or other affiliates, officers, agents or employees ("Releasees") from any and all liability, claims, demands, actions and causes of action of any kind or nature arising out of or related to any loss, damage or injury, including death, that I or any of my property may sustain resulting from my participation in or in any way connected with my participation and all such activity, regardless of whether such loss is caused by the negligence of the Releasees and regardless of whether such liability arises in tort, contract, strict liability or otherwise.

    I understand that participation in this activity involves an inherent risk of personal injury, emotional distress, mental or physical illness, and even death, and I hereby elect to voluntarily participate in said activity, knowing and understanding that the activity may be hazardous to me and my property. I believe that I am in excellent physical, emotional, and mental health, and I am physically and mentally capable of participating in the activities described below. I am solely responsible for consulting with a licensed healthcare professional and determining whether I am physically, emotionally, and mentally able to participate in such activities. I assume full responsibility for any risks including any loss, property damage or personal injury, including death, that I or my property may sustain as a result of being engaged in such activity, whether caused by the negligence of the Releasees or otherwise, including as a result of negligent rescue operations. I hereby confirm that I have consulted my doctor and acknowledge that I know of no medical reason why I should not participate in this activity. The Releasees are not responsible for monitoring my conduct, and they are entitled to rely on my informed consent to participate in such activities.

    I acknowledge the risk that after executing this Release and Waiver of Liability and Indemnification Agreement (“Agreement”), I may discover facts or may incur losses, damage, or injuries that are unknown and unanticipated at this time, which if known on the date of execution, may have materially affected my decision to give the releases in this Agreement. Despite my knowledge and understanding, I hereby assume the risk of such unknown and unanticipated facts and claims, and, except as otherwise provided in this Agreement, hereby waive any right to set aside or rescind this Agreement and all rights under California Civil Code § 1542, which reads 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.”

    In the event of an emergency, I authorize BuzzFeed to secure from any licensed hospital, physician, or medical personnel any treatment deemed necessary for my immediate care. I agree that I will be responsible for payment of any and all medical services rendered.

    I further covenant and agree to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including attorneys' fees and court costs, they may incur arising out of or related to my participation in the activity, whether caused by the negligence of the Releasees or otherwise, including as a result of negligent rescue operations.

    It is my express intent that this Agreement bind my family members, spouse, heirs, assigns, personal representatives and anyone else entitled to act on my behalf to the extent they act on my behalf, and is deemed as a release, waiver, discharge, and covenant not to sue the Releasees.

    I further covenant and agree that this Agreement shall be construed in accordance with the laws of the State of New York and that any mediation, suit, or other proceeding relating to this Release and any activities covered hereby must be filed or entered into only in New York and the federal or state courts of New York and that an electronically transmitted signature shall be treated for any and all purposes the same as an original. Any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the Release as a whole to the full extent authorized by law.

    I have read and fully understand this Release as set forth above and understand that I have given up substantial rights by signing it. I certify that I have reached the age of majority, have signed under my own free will and am suffering under no legal disabilities.