In consideration of the opportunity to use, test, and blog about the Product(s), the sufficiency of which is hereby acknowledged and agreed, Influencer agrees to the following:
a.) Influencer acknowledges that using and testing the Product(s) entail both known and unanticipated risks which could result in physical or emotional injury, paralysis, and death, or damage to self, to property, or to third parties. Influencer understands that such risks cannot be eliminated without jeopardizing the essential qualities of using and testing the Product(s).
b.) Influencer expressly agrees to accept and assume all of the risks, both known and unanticipated, that exist in using and testing the Product(s). Influencer voluntarily elects to use and test the Product(s) in spite of such known and unanticipated risks.
c.) Influencer hereby voluntarily releases, forever discharges and agrees to indemnify and hold harmless Best Buy and all of its officers, directors, Affiliates, employees, representatives and agents (the “Released Parties”) from all claims, demands, or causes of action, which are in any way connected with using and testing the Product(s), including any claims which allege negligent acts or omissions on the part of the Released Parties and any claims arising from Influencer’s breach of its representations, warranties, or obligations set forth herein. Influencer agrees that the Released Parties will have no liability whatsoever for and shall be held harmless by Influencer and Influencer’s successors, heirs, executors, assigns and administrators against any liability for any injuries, losses or damages of any kind that Influencer may incur, including death, or property damage resulting in whole or in part, directly or indirectly, from Influencer’s use and testing of the Product(s). The foregoing extends to any and all claims Influencer has or may have, or that Influencer’s successors, heirs, executors, assigns and administrators have or may have against the Released Parties, even if such claims result from strict liability or negligence on the part of any or all of the Released Parties, and/or the conditions, qualifications, instructions, rules or procedures under which the Product(s) are used and tested by Influencer.
d.) Influencer agrees that Influencer is responsible for any damage or injury (including death) that is caused to other people or property while Influencer uses or tests the Product(s), and while the Product(s) are in Influencer’s possession or under Influencer’s care, custody or control. Influencer will indemnify and hold harmless the Released Parties from and against any and all third-party claims, actions, liabilities, losses, costs and expenses arising from or in connection with Influencer’s use and testing of the Product(s). Influencer acknowledges Influencer’s obligation to comply with all applicable laws, regulations, ordinances, policies and guidelines, including but not limited to, the
Federal Trade Commission Guides Concerning Endorsement and Testimonials while using and testing the Product(s) and posting/sharing Content about them, and Influencer agrees to indemnify and hold harmless the Released Parties against any claims or matters arising out of Influencer’s failure or alleged failure to comply with any such laws, etc.
e.) To the full extent permitted by law, Influencer agrees to accept any and all financial obligations resulting from any medical assistance and related expenses incurred in connection with any injuries arising out of Influencer’s use and testing of the Product(s).
f.) Influencer represents and warrants that Influencer is at least eighteen (18) years of age.
g.) Until the full and final completion of the relevant Project(s) and Influencer’s fulfillment of its obligations under the Agreement, Influencer agrees that the Product(s) are the property of Best Buy and/or the manufacturer of the Product(s), and is/are not Influencer’s property. Prior to completion of the Project(s) and Influencer’s fulfillment of its obligations under the Agreement, Influencer acknowledges and agrees that Influencer has only limited rights to use, test, and blog about the Product(s).
h.) Influencer agrees to use the Product(s) in a safe and responsible manner at all times.
i.) Influencer agrees to use the Product(s) only as intended or permitted by Best Buy, its employees and agents, or the manufacturer of the Product(s). Influencer understands that Influencer shall not, under any circumstances sell, lease, loan or otherwise transfer the Product(s) to any other person or entity, nor shall Influencer use the Product(s) as collateral for a loan.
j.) Influencer agrees to not represent that Influencer or anyone else is a Best Buy employee.
k.) Influencer acknowledges that neither Best Buy nor any agency has arranged for or carries any insurance of any kind for Influencer’s benefit or that of Influencer’s heirs, executors, assigns or administrators relative to the use or testing of the Product(s), and that Influencer is solely responsible for obtaining and paying for any insurance relative to Influencer’s use and testing of the Product(s).