25 Prospect Ave Montclair NJ 07042 Guest Waiver
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WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to reside on premises and participate in related events and activities,on behalf of PURE TECHNOLOGY the undersigned acknowledges, appreciates, and agrees that:
TECHNOLOGY their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL
ACTIVITIES being conducted by Pure Technology Inc. at
25 Prospect Ave. Montclair, NJ 07042 including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I CERTIFY that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I CERTIFY that there are no health-related reasons or problems which preclude my participation in this activity.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the companies, company owners, and all named participants on the lease and/or ownership of the property, event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.
In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, friends, colleagues, friends, heirs, next of kin, successors, and assigns as follows:
Pure Technology Inc., Jared D Sanborn
and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and/or volunteers;
mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that Pure Technology Inc., Jared D Sanborn, and their directors, officers, volunteers, representatives, and agents are NOT responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this activity may involve a various normal by day to day risks we all undertake to live our lives, and inhabit locations such as houses, apartments, backyards, front yards, side yards, pools, rooms within houses, decks, porches, courtyards, grassy and forest areas and/or any other location. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people, including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants but are also present for volunteers.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I understand while participating in this activity, I may be photographed and/or recorded on video. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by Pure Technology Inc., Jared D Sanborn the activity holders, producers, sponsors, organizers, and assigns.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
This Mutual Non-Disclosure & Non-Circumvention Agreement (hereinafter “Agreement”), dated as of is entered into between Pure Technology Inc., a corporation registered under the laws of the State of New Jersey in the United States of America, whose business address is 25 Prospect Avenue, Montclair NJ 07042, and of
This Agreement combines a non-disclosure and a non-circumvention agreement. For purposes of this
Agreement, the Party providing Confidential Information (as that term is defined below), and such
Party’s Affiliates (as that term is defined below), shall be referred to collectively as the “Disclosing Party” and the Party receiving the Confidential Information, and such Party’s Affiliates, shall be referred to collectively as the “Receiving Party”. When referred to individually without regard to Disclosing Party or Receiving Party, the term “Party” shall be used; when referred to collectively without regard to Disclosing Party or Receiving Party, the term “Parties” shall be used.
The Parties hereto agree as follows:
Confidential Information within a reasonable time after the initial disclosure. Such Confidential Information shall include, without limitation, such Disclosing Party’s intellectual property, clients, customer lists, business contacts, business plans, business documents, business policies, procedures, techniques, know-how, standards, products, prototypes, product samples, software, source or object code, product or service specifications, manuals, agreements, economic and financial information, marketing plans, data, reports, market research, analyses, compilations, statistics, summaries, studies, customer proprietary network information as defined in 47 U.S.C. 222, and any other materials or information, or any materials based thereon, whether written or oral, furnished directly or indirectly by a Disclosing Party or any of such Disclosing Party’s directors, officers, employees, agents, attorneys, accountants, advisors and other representatives (collectively, the “Representatives”). Any technical or business information of a third person furnished or disclosed by the Disclosing Party to the Receiving Party shall be deemed “Confidential Information” of the Disclosing Party and subject to the terms of this Agreement. The term “Confidential Information” shall not include information which: (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party; (ii) is or becomes generally available to the public other than as a result of a disclosure by the Receiving Party or its Representatives in breach of this Agreement; (iii) is or becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party or its Representatives that is not bound by a confidentiality or similar agreement prohibiting the disclosure thereof, (iv) is within the Receiving Party’s possession prior to being furnished, provided the Receiving Party can establish with appropriate documentation that the same or substantially similar data or information was already in the Receiving Party’s possession at time of disclosure by the Disclosing Party, (v) has been independently developed by the Receiving Party, provided the Receiving Party can establish with appropriate documentation that the same or substantially similar data or information was developed by the Receiving Party without reference to, use of, or reliance upon the data or information disclosed by the Disclosing Party; or (vi) is required by law to be disclosed by the Receiving Party, provided that the Receiving Party gives the Disclosing Party prompt written notice of such requirement prior to such disclosure, if permitted by law, and assistance in obtaining an order protecting the information from public disclosure.
(the “Term”), the Receiving Party and its Representatives shall keep Confidential Information confidential and shall not, without the Disclosing Party’s prior written consent, disclose any of the Confidential Information in any manner whatsoever, in whole or in part. The Receiving Party agrees to reveal the
Confidential Information only to Representatives who need to know, who are informed by the Receiving Party of the confidential nature of the Confidential Information, and who agree to act in accordance with the terms and conditions of this Agreement. Each Party agrees not to disclose any Confidential Information of the other Party to third parties or to such Party's Representatives, except to those Representatives of the Receiving Party who are required to have the information in order to evaluate or engage in discussions concerning the contemplated business relationship. The Receiving Party shall be responsible for any breach of this Agreement by its Representatives. Each Party agrees not to use or benefit from or seek to benefit from any Confidential Information of the other Party for any purpose except to evaluate and engage in discussions concerning the Business Purpose. Neither Party shall reverse engineer, disassemble, decompile or reduce to a human perceivable form any prototypes, software or other tangible objects which embody the other Party's Confidential Information and which are provided to the Party hereunder. Without the Disclosing Party’s prior written consent, the Receiving Party shall not disclose to any person, entity, or enterprise the fact that the Confidential Information has been made available, the existence of discussions concerning a possible transaction or relationship involving the Parties or any of the terms, conditions, or other facts with respect to any such possible transaction, including, without limitation, the status thereof. The obligations and duties imposed by this Agreement with respect to any Confidential Information may be enforced by the Disclosing Party of such
Confidential Information against any and all Representatives and Affiliates of the Receiving Party who are recipients of such Confidential Information.
The Receiving Party acknowledges the competitive value and confidential nature of the Confidential
Information and that disclosure thereof to any third party could be competitively harmful to the Disclosing Party. In the event that the Receiving Party or any party to whom it transmits the Confidential Information in accordance with the terms and conditions of this Agreement becomes legally compelled to disclose any of the Confidential Information, the Receiving Party shall provide the Disclosing Party with prompt written notice, so that the Disclosing Party may seek a protective order or other appropriate remedy. In the event that such protective order or other remedy is not obtained, the Receiving Party shall furnish only that portion of the Confidential Information which is legally required and the Receiving Party shall exercise its reasonable best efforts to obtain reasonable assurance that confidential treatment will be accorded the Confidential Information.
Notwithstanding anything else to the contrary, this Agreement shall not be construed to impair or restrict either Party’s or any of its Affiliates’ right to develop, provide, use, acquire, procure, sell, or market, jointly or individually, mobile communication products or services, now or in the future, or enter into any agreement, contract, relationship, partnership, or joint venture with another party regarding the development, provision, use, acquisition, procurement, sale, or marketing of mobile communication products or services in any manner whatsoever.
OF THE CONFIDENTIAL INFORMATION, AND EXPRESSLY DISCLAIMS ALL IMPLIED OR EXPRESS WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON INFRINGEMENT.
Agreement or through any disclosure hereunder, with the exception of the limited right to use such Confidential Information in accordance with this Agreement.
The other Party reserves its abilities and rights to dispute the existence of prior relationships. The Parties agree that this Agreement shall not be construed to impede the development of normal day-to-day business relationships regardless of the existence of a pre-existing relationship on the part of either Party, such as other direct sellers, including, but not limited to, lenders and other mortgage brokers.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized Representatives as of the date first indicated above.
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Document Name: 25 Prospect Ave Montclair NJ 07042 Guest Waiver
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