Waiver Form

  • The Voice Tank, LLC, PARTICIPANT AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION?(PLEASE READ THIS DOCUMENT CAREFULLY, BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE AND MINOR’S LEGAL RIGHTS) BY SIGNING THIS AGREEMENT I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE THE VOICE TANK FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF JUMPKNOX, INCLUDING ANY OF ITS AGENTS, EMPLOYEES AND EQUIPMENT.    In consideration of being allowed to participate in the services and activities, including, but not limited to, studio recording, photo sessions, entering and exiting the studio, sitting at the bar, and any other amusement activities (collectively “ACTIVITIES”), provided by THE VOICE TANK LLC and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “THE VOICE TANK”),I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge THE VOICE TANK on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities as set forth below.  The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby acknowledges, agrees and represents that immediately upon entering or participating I will, inspect and carefully consider THE VOICE TANK’S premises and facilities. It is further warranted that such entry into THE VOICE TANK’S facilities for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned finds and accepts same for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) as being safe and reasonably suited for the purpose of such observation, use or participation by myself, and/or by my spouse, minor child(ren)/ward(s).  The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s)hereby represent that (i) I/we are in good health and in proper physical condition to participate in the activities in which The VOICE TANK provides. I agree that it is my sole responsibility to determine whether I/we are sufficiently fit and healthy enough to participate in activities.   The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), agree to be familiar with and to abide by the rules established for the ACTIVITIES, which include without limitation the rules posted in the facility and/or the website. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), accepts sole responsibility for my own conduct and actions, as well as the conduct and actions of my spouse, minor child(ren)/ward(s) while participating in the activities, and the condition and adequacy of the equipment. (1)  RELEASE OF LIABILITY: Despite all known and unknown risks including but not limited to  serious bodily injury, permanent disability, paralysis and loss of life, I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s) hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge and agree not to sue THE VOICE TANK, including its suppliers, designers, installers, manufacturers of microphone, or recording equipment or such other material and equipment in THE VOICE TANK’S facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by THE VOICE TANK or any EQUIPMENT SUPPLIERS, whether the action arises out of any damage, loss, personal injury, or death to me or my spouse, minor child(ren)/ward(s), while participating in or as a result of participating in any of the ACTIVITIES in or about the premises. This Release of Liability, is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of THE VOICE TANK and/or any EQUIPMENT SUPPLIERS. (2) INDEMNIFICATION: I understand that the known and unknown risks may be caused in whole or in part by my or my spouse or child(ren)/wards own actions or inactions, the actions or inactions of others participating in activities, or the acts, inaction or negligence of THE VOICE TANK or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with my spouse and/or my minor child(ren)/ward(s) to participate in the ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) as a result of the participation in ACTIVITIES in or about the facility, including any such loss due to any negligence of THE VOICE TANK and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless THE VOICE TANK and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by THE VOICE TANK and all EQUIPMENT SUPPLIERS as a result of any claims asserted by myself, my spouse and/or child(ren)/ward(s) against THE VOICE TANK and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments THE VOICE TANKand all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of THE VOICE TANK or any  EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless  JUMPKNOX for any injury, damage and/or harm myself, my spouse and/or my minor child(ren)/ward(s) cause to THE VOICE TANK or its facility and/or to any and all other persons and entities acting in any capacity on behalf of THE VOICE TANK. (3) ATTORNEYS’ FEES: I promise to indemnify THE VOICE TANK for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of THE VOICE TANK, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.  (4) PHOTO RELEASE: By entering THE VOICE TANK and participating in the ACTIVITIES, I hereby grant THE VOICE TANK on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ward(s) in connection with THE VOICE TANK and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. (5) ALCOHOL POLICY: THE VOICE TANK does not sell or serve alcoholic beverages. THE VOICE TANK will allow alcohol to be brought onto the grounds. I acknowledge to waive and release any and all claims whatsoever arising from my participation in THE VOICE TANK while under the influence of alcohol. I hereby release, waive and discharge THE VOICE TANK, the members, agents and employees (Collectively, “Releases”). From all liability to me and to my conservators, guardians, or other legal representatives, assigns, heirs and next of kin from any and all claims, demands, losses or damages on account of injury, death, or damage property, arising out of my class(es) or party(es). I (6) TERMS OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my spouse and/ or child(ren)/ward(s) visit THE VOICE TANK, whether at the current location or any other location or facility. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. (6) VENUE: In the event a lawsuit is filed against THE VOICE TANK, I agree to the sole and exclusive venue of Knoxville County, Tennessee. I further agree that the substantive law of Tennessee shall apply without regard to any conflict of law rules. By signing this document, I understand that I may be found by a court of law to have forever waived my and my spouse and/or child(ren)/ward(s) right to maintain any action against THE VOICE TANK on the basis of any claim from which I have released THE VOICE TANK and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless THE VOICE TANKand all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by THE VOICE TANKand all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse and/or child(ren)/ward(s) against THE VOICE TANK and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.  You MUST be 18 years old or older to sign your own waiver   You MUST be the Parent or Legal Guardian to sign for a minor (under age 18) 
 

Verification