TRI-AGREEMENT: WAIVER OF LIABILITY, VISUAL/AUDIO
RELEASE AND CONFIDENTIALITY AGREEMENT
I have voluntarily agreed to participate in the program, which is operated by TriCore-Management, Inc. In consideration for participating in FOREVER DISCHARGE, HOLD HARMLESS AND CONVENANT NOT TO SUE Tri-Core Management, Inc., its affiliated operations and businesses, any and all owners, directors, officers, employees, servants, agents and assigns (hereinafter referred to as releases) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the release, or otherwise, while participating in such activity is being conducted or in transportation to and from said premises.
To the best of my knowledge, I can fully participate in this activity and I understand that my participation is not without risk to me, other attendees or guests and/or personal property. I have voluntarily agreed to participate in the said activity. I agree to voluntarily assume full responsibility for any and all risk of loss, property damage, or personal injury, including death that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in this activity. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and any known or to be determined heirs, assigns and/or personal representative(s); if I am not alive, this shall be deemed as a release, waiver, discharge and covenant not to sue the above named releases. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Michigan.
By signing this Waiver of Liability and Hold Harmless Agreement, I acknowledge and represent that I have read the foregoing waiver of Liability and Hold Harmless Agreement, that I understand its terms and that I sign it freely and voluntarily that I am at least eighteen (18) years of age and fully competent or if I am not 18 years of age, then a parent or legal guardian will sign this form below my signature and that the parent or legal guardian is of age and fully competent.
Furthermore, I grant permission to Threat Management Center, its employees and agents, to take and use visual/audio images of me. Visual/audio images are any type of recording, including photographs, digital images, drawings, renderings, voices, sounds, video recordings, audio clips or accompanying written descriptions. TMC will not materially alter the original images. I agree that TMC owns the images and all rights related to them. The images may be used in any manner or media without notifying me, such as TMC sponsored web sites, publications, promotions, broadcasts, advertisements, posters and theater slides, as well as for non-TMC uses. I waive any right to inspect or approve the finished images or any printed or electronic matter that may be used with them. I release TMC and its employees and agents, including any firm authorized to publish and/or distribute a finished product containing the images, from any claims, damages or liability which I may ever have in connection with the taking of use of the images or printed material used with the images.
Lastly, it is understood and agreed to that the information set forth below and otherwise provided directly or indirectly by Threat Management Center to contains confidential and proprietary information concerning Threat Management Center and its business strategy. As a condition to receiving the Confidential Information, hereby agrees as follows:
1. The confidential Information includes without limitation the following:
Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and the current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
2. Those hearing, receiving and/or obtaining the Confidential Information shall not disclose the Confidential Information to any third party or use for any purpose any part of the Confidential Information disclosed.
3. This agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any additional or modification to this Agreement must be made in writing and signed by the parties.
4. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. The parties agree that monetary damages may not be sufficient to compensate Threat Management Center for a breach of this agreement and accordingly agree that Threat Management Center shall have the right to seek injunctive relief for any breach of this Agreement.
5. This Agreement is governed by the laws of the state of Michigan.