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WAIVER - Release Agreement
The undersigned, an individual, (“Releasor”) hereby enters into this Release Agreement (the “Agreement”), in favor of High Country Drone, a Florida limited liability company (referred to hereinafter as “High Country Drone”). This Agreement is given with reference to the following recitals of fact, each of which is material and relevant to this Agreement.
A. High Country Drone is in the business of providing real estate listing and broker services for real properties located in Watagua County servicing Boone and it's surrounding areas.
B. Releasor has engaged High Country Drone to list or advertise for sale Releasor's real property (the “Property”).
C. Separate and in addition to the services High Country Drone provides to, or on behalf of, Releasor in relation to High Country Drone’s listing and advertising of the “Property” (the “Services”), High Country Drone also provides, or permits (as applicable), the promotion of the Property using aerial video footage captured, created, or produced in connection with or using a drone device (“Drone Video”).
D. The Drone Video will either be recorded and produced by High Country Drone (either directly or through one of its agents) or by Releasor (through one of its agents).
E. As a condition to providing and/or permitting the Drone Video in conjunction with the Services, High Country Drone requires Releasor to agree to the terms and conditions of this Agreement.
F. For purposes of clarification, the parties agree and confirm that this Agreement is only intended to apply in connection with or as related to the Drone Video, and this Agreement shall not otherwise apply to the agreement between High Country Drone and the Releasor related to the Services.
In consideration and as a condition of High Country Drone's providing or permitting the use and disclosure of the Drone Video, and the opportunity to be marketed by High Country Drone, and with full awareness and understanding of the facts as set forth in the preceding recitals, Releasor hereby agree as follows:
1. ASSUMPTION OF ALL RISKS; RELEASE OF LIABILITY.
Releasor acknowledges that the use of drones, particularly when conducted in aerial capacities near or in residential and commercial areas, is an inherently dangerous activity, subject to factors and hazards beyond the parties' anticipation and control, including, without limitation, manufacturing defects, weather conditions, signal interruption, third-party interference, and human error.
Releasor has requested and is voluntarily participating in the creation and use of Drone Video to enhance promotion of the Property with full knowledge of the dangers involved (to Releasor and to others), and Releasor hereby agrees to accept any and all risks of injury, emotional trauma, and death that may result to Releasor or to any of Releasor's property, family members, heirs, assigns, or successors therefrom.
Without limiting the generality of the foregoing in this Section 1, Releasor hereby, for itself, its heirs, beneficiaries, successors, assigns and legal representatives, release, acquit and forever discharge and hold harmless High Country Drone, its members, managers, officers, administrators, agents, employees, independent contractors, insurers, and all related entities, and their respective boards of directors, officers, members, managers, shareholders, administrators, agents, employees, independent contractors, and insurers, whether acting in an official capacity on behalf of the parties hereby released or individually (collectively, the “Released Parties”), from any and all liability, and agree not to sue any Released Parties for, any claims, demands or causes of action of any nature whatsoever which Releasor or its family members have, or may in the future have, as a result of injuries, death or damages sustained or incurred by Releasor, its family, guests at the premises, invitees, or any other person on or near the Property from whatever cause arising out of or related to the Drone Video, including but not limited to any claims, damages, costs or causes of action related to the negligence, breach of contract, or wrongful conduct of any of the Released Parties or arising out of any malfunction of any drone used by Releasor (or Releasor's agent) or the Released Parties, including such drone's safety equipment, whether caused by a design defect, manufacturing defect, expiration of life-limited status or any other reason, including the negligence or misconduct of anyone associated with the Released Parties (collectively, the “Released Claims”).
Without limiting the generality of the foregoing, Releasor understands, intends and desires to assume any and all risks associated with the Drone Video to the fullest extent permitted by the laws of the state of Florida. Additionally, Releasor understands, intends and desires to release the Released Parties from any and all liability, including the Released Claims, arising from or related to the Drone Video, to the fullest extent permitted by the laws of the state of Florida.
2. HOLD HARMLESS AND INDEMNIFICATION.
In the event any suit is brought against any Released Party by Releasor, or any other person, entity, or third party, related to the Drone Video, including any Released Claim, Releasor hereby agrees, for itself and on behalf of its heirs, beneficiaries, successors, assigns and legal representatives, to indemnify, defend and hold harmless the Released Parties from any and all liability for any sums which might be payable to anyone by reason of or related to the Drone Video and for the costs, including without limitation, attorney's fees incurred by the Released Parties in defense of any such lawsuit and enforcement of this Agreement. Releasor specifically acknowledges and agrees that the obligations in this Section 2 include the obligation to indemnify, defend and hold harmless High Country Drone from any and all liability whatsoever arising out of the negligence, breach of contract or wrongful conduct of any of the Released Parties or arising out of any malfunction of any drone used to create the Drone Video, including the drone's safety equipment, whether caused by a design defect, manufacturing defect, expiration of life-limited status or any other reason, including the negligence or misconduct of anyone associated with a Released Party.
Without limiting the generality of the foregoing, Releasor understands, intends and desires to indemnify, defend and hold harmless the Released Parties from any and all liability, including the Released Claims, arising from or related to the Drone Videos to the fullest extent permitted by the laws of the state of Florida.
3. MEDIA RELEASE; LICENSE TO DRONE VIDEO.
Releasor acknowledges and agrees that High Country Drone intends, and will, use and disclose the Drone Video to private and public parties to promote the Property or for High Country Drone's own commercial or non-commercial purposes (for example, to showcase various advertisement options to potential clients and customers of High Country Drone). Releasor understands and acknowledges the Drone Video will contain images, likeness, characteristics, and private information related to Releasor or Releasor's property, including the Property. Accordingly, Releasor hereby gives High Country Drone full permission and authority for such use and publicity for such purposes, to the fullest extent permitted by law.
Releasor hereby irrevocably permits, authorizes and licenses High Country Drone and its affiliates, successors and assigns, and their respective licensees, advertising agencies, promotion agencies and fulfillment agencies, and the employees, officers, directors and agents of each and all of them (“Authorized Persons”), to disseminate, display, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, license, otherwise use and permit others to use the Property's name, address, location, image, likeness, and appearance, and other characteristics and private information and all materials created in relation to the Drone Video (“Materials”) on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures and other print publications, electronic, magnetic and optical media, websites, mobile applications or devices, television broadcasts, display, point-of-sale and other advertising and promotional materials, press releases, the internet, and for any purpose, including but not limited to advertising, public relations, publicity, packaging and promotion of High Country Drone, and its affiliates and their businesses, products and services, without further consent from or royalty, payment or other compensation to Releasor. Releasor acknowledges and agree that Releasor has no right to review or approve Materials before they are used by High Country Drone, and that High Country Drone has no liability to Releasor for any editing or alteration of the Materials or for any distortion or other effects resulting from High Country Drone's editing, alteration or use of the Materials. High Country Drone has no obligation to use the Materials or to exercise any rights given by this Agreement.
Without limiting the generality of the foregoing in this Section 3, Releasor acknowledges and agrees it is the intent and desire of Releasor that High Country Drone have all rights (as applicable law permits Releasor to grant High Country Drone) to create, use, disclose, commercialize, and publicize the Materials, in whole or in part (including still images in the Drone Video), as High Country Drone deems necessary or appropriate. This Section 3 shall apply to all rights Releasor may have in trademarks or copyrights related to the Materials. Furthermore, Releasor agrees the rights granted to High Country Drone in this Section 3 shall apply regardless whether Releasor or High Country Drone creates and produces (or pays to create and produce) the Drone Video; provided, further, Releasor acknowledges and agrees that if High Country Drone creates or produces (or pays to create or produce) the Drone Video, then High Country Drone will constitute the owner of such Drone Video. Moreover, Releasor acknowledges and agrees that any claim or liability in connection with or related to the rights granted in this Section 3 to the Authorized Persons constitutes a claim or liability for which Releasor has agreed to indemnify, defend, and hold harmless High Country Drone under Section 2 of this Agreement.
This Agreement contains the entire agreement between Releasor and High Country Drone related to the subject matter hereof, and the terms of this Agreement are contractual and not a mere recital. Releasor acknowledges that in addition to High Country Drone, all the Released Parties are intended beneficiaries under this Agreement. This Agreement shall be binding upon and inure to the benefit of Releasor's and the Released Parties' heirs, beneficiaries, successors, assigns and legal representatives. If any portion of this Agreement is held invalid, it is agreed that the remainder shall continue in full legal force and effect. This Agreement shall survive the termination of the business relationship (and any related agreement) between Releasor and High Country Drone; provided, further, the parties' rights, releases, and obligations described in Sections 1, 2 & 3 of this Agreement shall survive termination of this Agreement for any reason.
This Agreement is deemed entered into in the State of North Carolina. The validity, enforceability, construction and interpretation of this Agreement shall be governed by the laws of the State of North Carolina, without regard to its principles of choice or conflicts of law. Any dispute arising out of or related to this Agreement shall be exclusively decided by a court with competent jurisdiction located in Watagua County and Releasor hereby irrevocably consents to the personal jurisdiction of such court for the purposes of any action arising out of or related to this Agreement.
Releasor has read this agreement carefully, and fully understands the contents and legal ramifications of this agreement. Releasor has been advised to seek individual legal counsel, and has been afforded an opportunity to do so. Releasor fully recognizes that by signing this agreement, Releasor is agreeing to the terms and conditions previously described in this agreement. Releasor is KNOWINGLY WAIVING ALL RIGHTS OR CLAIMS THAT Releasor or Releasor's heirs, successors or assigns MAY HAVE AGAINST ANY RELEASED PARTIES WITH RESPECT or related TO the drone video.