SE WEB SOLUTIONS, INC. d.b.a. FOOTNIGHT™ EVENT CONSENT, RELEASE, WAIVER AND INDEMNITY FORM

I am entering into this agreement with SE WEB SOLUTIONS, INC. d.b.a. FOOTNIGHT™ and its associates and affiliates (collectively “Footnight™”). I am attending this event of my own free will and for my own personal interest and enjoyment, and I understand I am free to leave at any time.  I understand that Footnight™ fully reserves the right of entry to any event.

                                                                                                          
I am an adult at least 18 years of age, and I understand valid photo ID showing birth date may be required in order to gain admittance.

I understand that participants are acting as consenting adults in a private situation, conforming to the event Rules and Guidelines, which is provided to me in writing prior to each event.

I understand that offering, agreeing to, or participating in sexual activities or acts of prostitution or solicitation is strictly forbidden, and I shall not be a party to any such activity while in attendance.  These activities include, but are not limited to: nudity, sexual activities or genital contact of any kind.

I agree to co-mingle and interact with all of the members that attend any function in a respectable and dignified manner. I will not mistreat, disrespect, abuse or take liberties with any person attending, whether that person is male or female.

I will not request, commit or attempt to commit the following activities:
- Bartering with the models
- Offering the models false, misleading business or financial opportunities.
- Using Footnight™ staff member’s names in an attempt to influence the models in any way, shape or form.
- Asking the ladies to do anything other than normal foot play activities.

I am not acting in the capacity of, as a member of, or under the direction of, any media agency.
I will not publish or submit for any kind of publication information, writings, photographs, audio recordings, video recordings, or any other records of activities regarding these events, without the express written approval of the event host.

I understand that no alcohol will be provided or sold at the event.

I understand that the sale or use of any and all drugs is not permitted at the event.

I understand that solicitation of guests and/or models for my own parties or events that are similar and/or related to this type of event is strictly forbidden.

I understand that no cameras, camera cell phones, or audio or visual recording systems of any kind are allowed in at the event or in any area within the studio without expressed permission from the organizer of the event. Cell phone usage is only permitted in the front lobby area or outside the venue. 

I understand that play area doors are not to be closed or locked at any time for security reasons.

I agree that no dangerous activities are permitted nor are any activities which may cause physical injury to participants at the event.

I understand that any cover charge collected to gain entry into the function, whether paid prior to the event or paid at the door, will not be refunded for any reason. Refunds and/or credits are up to the sole discretion of Footnight™.

I agree to abide by all rules and regulations of Footnight™. I agree to read these rules and regulations fully, and abide by them, at all times during the event. I understand I may be required to leave an event for violations of the rules and regulations.

I agree that by attending an event, I do so at my own risk.  I further agree that I am voluntarily participating in activities and use of the facilities and premises (including the use of the parking lot) and assume all risks  incurred directly or indirectly in participating in the event,  including without limitation,  injury, illness, loss to me or my property that might result (including any loss or theft of any personal property). 

I HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE FOLLOWING FOOTNIGHT™ AND THE PERSONS AND ENTITIES FROM ANY AND ALL claims, obligations, liabilities, causes of action, suits, debts, liens, damages, judgments, losses, demands, costs and expenses (including, without limitation, attorneys’ fees) of any kind (COLLECTIVELY, “CLAIMS”) Which may arise out of, result FROM, or relate to, whether directly or indirectly, MY PARTICIPATION IN the event, including, without limitation, my traveling to and from the event: LANDLORDS AND TENANTS OF THE VENUE IN WHICH THE EVENT TAKES PLACE, EVENT VOLUNTEERS, EVENT HOSTS AND THE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, ASSOCIATES AND AGENTS OF ALL OF THE ABOVE (COLLECTIVELY, “RELEASED PARTIES”), EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY.

I FURTHER COVENANT AND AGREE NOT TO SUE FOOTNIGHT™ or any of the Released Parties for any Claims that I have released, waived or discharged in this Waiver and Release; and I agree to indemnify and hold harmless FOOTNIGHT™ and the Released Parties from any and all Claims arising out of or resulting from, directly or indirectly, (a) my acts or omissions and (b) my breach or failure to comply with any provision of this Waiver and Release.

I expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

This agreement shall be governed and construed in accordance with the laws of the State of California without regard to the conflicts of laws or principles thereof.  Any action or suit related to this agreement shall be brought in the state or federal courts sitting in Los Angeles County of the State of California.

The parties shall first endeavor to resolve any dispute through mediation.  The mediation shall be conducted by an organization or individual selected by agreement of the parties or, failing such agreement, then by the Los Angeles offices of the American Arbitration Association (“AAA”).  The complaining party shall notify all other affected parties of the dispute and contact AAA to schedule a mediation conference (the “Dispute Notification”).  The parties shall endeavor to hold the mediation conference within 45 days after the Dispute Notification.  The parties may agree on a mediator from the AAA panel.  If they are unable to agree, AAA shall provide a list of three available mediators and each party may strike one, with the party initiating the mediation striking the first of the three, and the other party striking on of the remaining two.  The remaining one will serve as the mediator.  Subject to the provisions set forth below regarding provisional remedies, no party may initiate a lawsuit until mediation is completed. The parties shall share the costs of the mediator.

EACH OF THE PARTIES TO THIS AGREEMENT, AND EACH THIRD PARTY BENEFICIARY OF THIS SECTION, HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY LAWSUIT RELATING DIRECTLY OR INDIRECTLY TO A DISPUTE IDENTIFYING WITH THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY LAWSUIT BASED ON ANY ACTS OR OMISSIONS OF ANY PARTY OR ANY AFFILIATE, AGENT OR REPRESENTATIVE OF A PARTY.  THE PARTIES AGREE THAT ANY SUCH LAWSUIT SHALL BE TRIED BEFORE A JUDGE AND NOT A JURY.

I HAVE CAREFULLY READ THIS DOCUMENT, CERTIFY I AM 18 YEARS OR OLDER AND I FULLY UNDERSTAND ITS CONTENTS.