WAIVER AND RELEASE
By purchasing tickets for and participating in the food events (“Events”) offered by Onolicious, LLC (the “Company”), and in
consideration for being allowed to participate in the Events, the receipt and sufficiency of which is hereby acknowledged, I agree
to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention
and grant of rights (“Waiver”):
1. VOLUNTARY PARTICIPATION: I understand and confirm that my participation in the Events is voluntary. I am in good health
and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while
participating in the Events.
2. COMPREHENSION OF RISK: I fully comprehend and accept all of the risks associated with my participation in the Events,
including without limitation, injury or death resulting from exposure to unfavorable weather conditions, food illness, allergic
reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and
3. ASSUMPTION OF RISK: I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with
my participation in the Events. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with
my participation in the Events.
4. RELEASE OF LIABILITY; LIMITATION OF DAMAGES: I hereby forever and unconditionally release Company and its
independent contractors, affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers,
members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and
all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney fees) for death, injury,
loss or damage of property (collectively “Claims”) in any way arising out of my participation in the Events, including, without
limitation, any and all Claims resulting from the negligence of the Released Entities. Released Entities’ liability to me will be
limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their
duties and responsibilities hereunder. All liability arising out of my participation in the Events is cumulative and not per incident.
In no event shall Released Entities be liable for any special, incidental, punitive, or consequential damages or other indirect
damages, even if Released Entities have been informed of the possibility thereof.
5. INDEMNIFICATION: I agree to defend, indemnify and hold harmless the Released Entities from any and all Claims as
incurred of any kind whatsoever in any way arising out of my participation in the Events, whether caused by the negligence of
myself or any third party.
6. BINDING EFFECT: This Waiver shall be binding up on my next of kin, personal representatives, heirs, beneficiaries, and
assigns and shall inure to the benefit of Released Entities, their successors and assigns.
7. SEVERABILITY: If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and
enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to
the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver
will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced
8. GOVERNING LAW AND ARBITRATION: This Waiver shall be governed in all respects by the laws of the state of
Washington without regard to conflict of law principles. Any action or claim shall be brought in King County, Washington. All
claims and disputes arising out of or relating to this Agreement or its subject matter (“Claim”) shall be resolved according to the
following procedures. The Parties shall first attempt in good faith to resolve any Claim promptly by negotiation. If the matter has
not been resolved within sixty (60) days after a party’s request for negotiation, either party may initiate arbitration within fifteen
(15) days as provided herein. Upon written request by either party, the Claim shall be submitted to arbitration with Judicial
Disputes Resolution, 1425 Fourth Ave., Suite 300, Seattle, Washington 98101 as the appointing authority, before an arbitrator to
be selected by the Parties. The parties shall use JDR’s arbitration rules to govern the proceedings. If the Parties cannot agree
on an arbitrator within ten (10) days of one party’s notice to the other party invoking the right to arbitrate, then JDR shall appoint
an arbitrator who has significant experience in arbitrating matters similar to the subject matter disputed under this Agreement.
The arbitration shall commence not less than ten (10) nor more than thirty (30) days after the arbitrator has been designated.
The arbitration shall be concluded as soon as reasonably possible, and the arbitrator shall make a written determination within
fifteen (15) days of the completion of the arbitration hearing. The prevailing party in any such arbitration shall be awarded
reasonable attorneys’ fees, expert and non-expert witness costs and expenses and other costs and expenses incurred in
connection with such arbitration, unless the arbitrator, for good cause, determines otherwise. Costs and fees of the arbitrator
shall be borne by the non-prevailing party, unless the arbitrator determines otherwise. The arbitrator’s adjudication shall be final
and fully binding upon the parties and enforceable in any court having jurisdiction thereof. The arbitration hearing shall be held
in Seattle, Washington. Except as time barred under any applicable statute of limitation of lesser duration, any Claim by either
party shall be time barred and deemed irrevocably waived unless the asserting party commences an arbitration proceeding with
respect to such Claim within two years after the cause of action has accrued.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE
GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE
EVENTS, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF
LIABILITY. I AM TWENTY-ONE (21) YEARS OF AGE OR OLDER AND AM COMPETENT TO AGREE TO THE TERMS OF