Waiver and Release of Claims
Consent to Medical Attention and Grant of Rights
By participating in the food tasting offered by MeaTech 3D, Ltd. (the “Company”), and in consideration for my being allowed to participate in the food tasting, I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this waiver, release of liability, consent to medical attention and grant of rights (“Waiver”):
- Voluntary Participation. I understand, acknowledge and confirm that my participation in the Food Tasting is voluntary. I am in good health and do not suffer from any physical or mental condition that would make me especially susceptible to injury or disability while participating in the Food Tasting.
- Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Food Tasting including, without limitation, any risk resulting from exposure to food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, and other participants. I understand and acknowledge that the Food Tasting may take place in public venues under conditions largely beyond Company’s control. I acknowledge that the novel Food I will be tasting did not yet receive authorization under Novel Foods Regulation 2015/2283 of the European Food Safety Agency (EFSA).
- Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Food Tasting.
- Release of Liability; Limitation of Damages. Subject to applicable law, I, hereby forever and unconditionally release Company and its 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’s fees) for loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Food Tasting, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Company’s 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; provided, however, under no circumstance shall my damages in connection with my participation in the Food Tasting be greater than $2,500. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Food Tasting, is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.
- Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
- Consent to Medical Treatment. I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
- 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 accordingly.
- Promotional Release. I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Food Tasting, in which I may be included intact or in part, including the negatives, prints, or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
- Confidentiality. I understand and agree that the Food Tasting, as well as any and all materials, samples, information, procedures and documentation (including, but not limited to this Waiver) presented to me by the Company, constitute confidential information of the Company (or any other Released Entity). The confidential information is and remains at all times the sole and exclusive property of the Company or the respective Released Entity and I understand that I do not acquire any rights, title or interest therein. I agree not to use, disclose, mention or otherwise make any such confidential information available to any third party (including, but not limited to any press releases, public authorities or competitors of the Company) without the prior written consent of the Company. This obligation of confidentiality shall remain in full force for as long as the confidential information is being controlled and held confidential by the Company or the respective Released Entity. I understand that a breach of this provision will cause irreparable and continuing damage to the Company and/or the Released Entities for which monetary damages may not provide adequate relief. Therefore, the breach of this provision shall entitle the Company to both preliminary and permanent injunctive relief and money damages insofar as they can be determined under the circumstances.
- Opportunity to Consult Counsel. I hereby acknowledge that I have had reasonable opportunity to consult with my own counsel regarding the Waiver, and that I fully understand all of the terms and provisions hereof and my rights and obligations hereunder.
- Governing Law and Venue. This Waiver shall be governed in all respects by the laws of the state of Israel without regard to conflict of law principles. Exclusive venue shall be in Tel-Aviv, Israel.
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 FOOD TASTING, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION IN THE FOOD TASTING BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ, UNDERSTOOD AND KNOWINGLY CONSENTED TO THIS WAIVER.