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PAYSON PETROLEUM “DUE DILIGENCE” TOUR AND BBQ EVENT PARTICIPATION AGREEMENT
- RELEASE OF LIABILITY, WAIVER OF CLAIMS, RELEASE OF RIGHTS AND ASSUMPTION OF RISK -
BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
TO: Payson Petroleum, Inc. and their owners, officers, directors, agents, employees, and/or representatives:
ASSUMPTION OF RISK: I am aware that participation in the Payson Petroleum Rig location luncheon and viewing event involves certain inherent risks, dangers and hazards which can result in serious personal injury or death. I am also aware that rig locations contain potential dangers that are outside the control of Payson Petroleum. As such, I hereby freely agree to assume and accept any and all known and unknown risks of injury while participation in the rig location luncheon and viewing event held by Payson Petroleum (this also includes a waiver of liability as to transportation). I further recognize and acknowledge that the risks inherent in visiting a rig location can be outside of Payson Petroleum’s control.
RELEASE AND WAIVER OF CLAIMS AGREEMENT: In consideration of allowing me to participate in the Payson Petroleum, Inc. RIG UP EVENT, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Payson Petroleum, Inc. (or Payson Operating, LLC) it agents, employees, owners, officers and or representatives resulting from the activities at the rig location.
TO RELEASE Payson Petroleum, Inc. and/or Payson Operating, LLC from any and all liability for any loss, damage, injury or expense that I may suffer as a result of my participation in the activity described in this Agreement, due to any cause whatsoever, including negligence on the part of Payson Petroleum and/or the operator of the rig in the operation, supervision, design, or maintenance of the rig site I am visiting.
RELEASE OF RIGHT: I hereby grant to Payson Petroleum, Inc. the irrevocable, assignable, worldwide right and license to use, alter and publish my image, alone or together with other images and text, for Payson Petroleum publications and for all other purposes reasonably related to promotion, in any manner and in any medium now known or later developed, without the need for my prior approval. This release will govern all images of me, unless I notify Payson in writing that I desire to exclude specific images from this release. I hereby release the photographer and/or videographer and Payson Petroleum, its directors, officers, employees and agents, from all claims and liability relating to the licenses I have granted in this release. This release will not obligate Payson Petroleum to use or publish my image or use the rights I have granted.
ARBITRATION: I acknowledge however that this Agreement waives my rights to any such claims. But, if found otherwise, in further consideration of allowing me to participate in the activities as described herein, I hereby agree to submit to binding arbitration any and all claims which I believe I may have against the Payson Petroleum, Inc. arising from the activities at the rig location. The arbitration shall be pursuant to the rules of the American Arbitration Association. The arbitrators shall apply the Federal Rules of Evidence to all proceedings.
Arbitration shall be commenced within one (1) year from the date on which any alleged claim first arose. Further, the arbitration shall be held in the county where Payson Petroleum, Inc is located, or in Dallas County, TX, unless otherwise mutually agreed to by all the parties. The submission to the American Arbitration Association shall be unlimited and the arbitration award may be enforced by any court of competent jurisdiction.
BINDING EFFECT OF AGREEMENT: In the event of my death or incapacity, this Agreement shall be effective and binding upon by heirs, next of kin, executors, administrators, assigns and representatives.
ENTIRE AGREEMENT: In entering into this Agreement, I am not relying upon any oral or written representation other then what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PAYSON PETROLEUM, INC.