RELEASE OF LIABILITY
Pilialoha Dating Services LLC is sometimes referred to as “PDS,” and the Client, Member, or Participant is sometimes referred to as “Client” or “CMP” or “CMPs”.
Acknowledgment of Risks
Client, Member, or Participant “CMP” is aware and understands that participating in any event, activity, meeting, or introduction with a potential match carries inherent risks, including emotional distress, bodily injury, serious injury, disability, death, property damage, or conflicts that may occur before, during, or after the event or meeting. CMP is aware that participation in any Pilialoha Dating Services LLC event, activity, meeting, or introduction includes possible exposure to illness from infectious and contagious bacterial and viral diseases, including but not limited to COVID-19. By participating in the event, activity, meeting, or introduction, CMP knowingly assumes the risk of exposure to or contracting such infectious diseases. Notwithstanding the risk, CMP acknowledges voluntarily participating in the event, activity, meeting, or introduction with knowledge of the potential danger involved and hereby agrees to accept and assume any and all risks of injury, disability, death, property damage, or financial loss arising from participation, whether caused by the ordinary negligence of PDS or otherwise.
Waiver of Liability and Covenant Not to Sue
Except as prohibited by applicable law, CMP agrees to waive and release any and all claims, now known or hereafter known, against PDS, and its employees, agents, partners, successors, organizer, host company, and the venue. CMP releases PDS and all releasees from any and all legal or financial responsibility for accidents, damages, or injuries arising out of or attributable to CMP's participation in any event, activity, meeting, or introduction whether arising out of ordinary negligence of PDS or any releasees or otherwise. CMP shall not bring any such claim against PDS or any other releasee and shall forever release and discharge PDS and all other releasees from liability under such claims.
Indemnification
CMP shall defend, indemnify and hold harmless PDS, its affiliates, employees, directors, officers, and agents from and against any and all expenses, costs, damages, claims, actions, losses, liabilities and judgments, or expenses of any kind including reasonable attorneys’ fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising from actions by CMP that directly or indirectly implicate or affect PDS, (i.e. if PDS is sued because CMP dated a married person during the performance of Services, or CMP acted abusively toward another person while participating in Services). CMP shall hold harmless PDS, its affiliates, employees, directors, officers, and agents if CMP experiences abuse, a loss of relationships, or any other negative experience while participating in the Services in perpetuity.
Medical Treatment
CMP consents to receive medical treatment deemed necessary if CMP is injured or requires medical attention during participation in any event, activity, meeting, or introduction. CMP understands and agrees that CMP is solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. CMP hereby releases, forever discharges, and holds PDS harmless from any claim based on such treatment or other medical services.
Food and Alcohol Consumption and Use
During some PDS events, activities, meetings, or introductions where vendors, host companys, restaurants, retail stores, and any and all venues, may provide food and/or alcoholic beverages, CMP acknowledges and agrees that PDS does not provide, sell, or serve food and/or alcoholic beverages before, after, or during any event, activity, meeting, or introduction. PDS and all other Releasees are not responsible or liable for any damages to CMP or third parties resulting from the consumption of alcohol by CMP or others, including, but not limited to, property damage, personal injury, death, disfigurement, emotional injury, or any other loss.
CMP acknowledges and agrees that consuming alcoholic beverages during any event, activity, meeting, or introduction is wholly at CMP's discretion, risk, and liability. CMP is responsible for consuming any alcoholic beverages. CMP hereby assumes all risk involved with the consumption of alcoholic beverages and unconditionally holds PDS and any Releasees harmless.
CMP acknowledges and agrees that any consumption of food before, during or after the event, activity, meeting, or introduction is wholly at CMP's own discretion, risk, and liability. It is CMP's responsibility to know which foods risk causing potential harm before consuming them. CMP hereby assumes all risk involved with food consumption and unconditionally holds PDS and any Releasees harmless.
Media Release
CMP grants PDS to use photos, videos, and/or audio captured at an event, activity, meeting, or introduction for promotional purposes without compensation. CMP waives the right to inspect or approve any use of the photos, videos, and/or audio before use. CMP waives all rights, royalties, or other compensation arising out of or related to the use of the photos, videos, and/or audio taken of CMP.
CMP understands and agrees that PDS's use of the photos, videos, and/or audio taken of CMP may include identifying information, such as CMP's name. CMP grants PDS all rights to use the foregoing items in any format or medium for promotional purposes.
Sever-ability and Governing Law
This Release constitutes the sole and entire agreement of Pilialoha Dating Services LLC ("PDS") and the Client, Member, or Participant ("CMP") regarding the subject matter contained herein.
If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, that invalidity, illegality, or unenforceability it shall not affect any other term or provision of this Release or invalidate or render unenforceable that term or provision in any other jurisdiction. The remaining provisions of this Release shall be unaffected thereby and shall continue in full force and effect.
This Release is binding on and shall benefit PDS and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule.
Any claim or cause of action arising under this Release or related to the event, activity, meeting, or introduction shall be brought only in the federal and state courts located in Denver County, Colorado, both PDS and CMP hereby consents to the exclusive jurisdiction of such courts.