Survey: Terms of Service
WHEREAS, Beverage Genetics (hereinafter, “BevGen”) is governed under the laws of the Province of Ontario
AND WHEREAS the Undersigned (hereinafter, the “Participant”) is interested in participating as an evaluator for beverage sampling; and linking genetics to flavour and caffeine tolerances associated with the consumption of caffeinated beverages and seek guidance from medical professionals before engaging in any way. This serves as expressed consent to view, analyze, share internally, but not externally genetic and personal information.
AND WHEREAS the services provided by the Participant will include, among other things, helping with taste profiles, assisting scientists, managing responsible and respectful social media practices as deemed by BevGen, helping with general logistical tasks, and communications only with BevGen regarding any information pertaining and associated with testing and evaluation of samples. (hereinafter, collectively referred to as the “Activities”)
NOW THEREFORE in consideration of being permitted by BevGen to participate as a Participant, the Participant hereby:
- acknowledges and agrees that the Participant is not an employee of BevGen, and will not receive any remuneration, salary, wage, payment, or employee benefits, including any insurance or financial coverage whatsoever;
- acknowledges and agrees that BevGen may, in its sole and absolute discretion, reassign or terminate the Participant’s services as a Participant, without notice or compensation;
- acknowledges and agrees that the Participant is participating and engaging in the Activities totally and entirely at his or her own risk;
- understands and agrees that participating and engaging in the Activities may involve risks, including but not limited to, risk of damage to property or person, including risk of bodily injury;
- understands and agrees that BevGen does not carry or maintain any insurance policy of any kind, including any life, health, medical, disability, or liability insurance, on behalf or for the benefit of the Participant, at any time, and that the Participant is expected and has been encouraged by BevGen to obtain his or her own insurance coverage;
- understands and agrees that the Participant is not entitled to make any claims for compensation;
- acknowledges the risks and hazards described above, and understands that there may be other risks or hazards associated with participating in the and engaging in the Activities, and nevertheless freely and voluntarily assumes and accepts all responsibility therefore, and acknowledges that his or her participation in engagement in the Activities or any other activity associated with BevGen is entirely at the Participant’s own risk;
- on the Participant’s own behalf, and on behalf of his or her heirs, successors, assigns, executors, and administrators, waives, releases, forever discharges, and agrees to indemnify and hold harmless all employees and interns of BevGen, BevGen, and Haroutioun Koundakjian, their present and former parent, subsidiaries, affiliates, and related companies, and each of their respective heirs, executors, administrators, legal and personal representatives, successors, relatives, trustees and assigns, partners, agents, servants, officers, directors, shareholders, members, interns, volunteers, associates, employees, Participants, insurers, and any other person or persons who claim a right or interest through them, or for whom they are responsible at law (hereinafter, collectively referred to as the “Releasees”) from and against any and all claims, demands, actions, proceedings, causes of action, losses, costs, charges, expenses (including reasonable legal fees and disbursements), liabilities, damages, and injuries, including without limitation, damage to property or person, including death, of the Participant or any other person, caused by (hereinafter, collectively referred to as “Claims”), caused by, contributed to, arising out of, or related to the Participant’s engagement in the Activities, including without limitation the Participant’s use of any equipment, tools, supplies of any other person or entity, including any coffee or equipment, supplies or tools supplied by any other BevGen supplier, notwithstanding that any such Claims may have been caused by, contributed to, or arisen out of any act, omissions, negligence, gross negligence, breach of contract, breach of statutory or other duty of care, including without limitation;
- further agrees that if, despite this Agreement, the Participant or anyone on behalf of the Participant, makes any claim or takes any proceedings in connection with any of the matters herein released against any of the Releasees, the Participant will indemnify, save and hold harmless each of the Releasees from and against any litigation expense, legal fees, loss, liability, damage, or cost, which any of the Releasees may incur or suffer as a result of such claim or proceedings;
- further agrees, on the Participant’s own behalf, and on behalf of his or her heirs, successors, assigns, executors, and administrators, not to make any claim or take or advance any proceedings whatsoever in connection with any of the matters herein released against any other person, entity, or corporation who or which might claim contribution or indemnity in common law or in equity, or under the provisions of any statute or regulation, including the Negligence Act, R.S.O. 1990, c. N.1, as amended, modified, restated, supplemented, extended, re-enacted, replaced or superseded at any time, and/or the Rules of Civil Procedure, R.R.O 1990, Reg 194, from any of the Releasees. The Participant further understands and agrees that should the Participant or any person on behalf of the Participant commence or continue such an action, or take or advance any such proceedings and the Releasees, or any of them, are added to such proceeding in any manner whatsoever, the Participant or other person advancing such a proceeding and/or claims will immediately discontinue the proceedings and/or claims, and the Participant and/or such other person will be liable to the Releasees, or those affected, for the legal costs incurred in any such proceeding on a solicitor and client basis. This Agreement shall operate conclusively as an estoppel in the event of any claim, action, complaint, or proceeding which might be brought in the future by the Participant or any person on behalf of the Participant with respect to the matters covered hereunder;
- on the Participant’s own behalf and on behalf of his or her heirs, successors, assigns, relatives, executors, and administrators:
- waives, releases, forever discharges, and agrees to indemnify and hold harmless the Releasees from and against any Claims caused by, contributed to, arising out of, or related to any activity, treatment or services rendered in connection with the Participant’s participation or engagement in the Activities; and
- accepts that such medical services as may be available may be performed by Participants or outside agencies and that BevGen has no control or responsibility for the quality of any medical attention that may be provided;
- acknowledges and declares that:
- the Participant has read and understands the terms and conditions of this Agreement, and has had the opportunity to seek, and was not prevented or discouraged by BevGen or any other person from obtaining, independent legal advice;
- BevGen is not a trustee of your genetic or personal information;
- the Participant is giving up legal rights as a result of accepting the terms and conditions of this Agreement in exchange for his or her being permitted to participate as a Participant; and
- the Participant has either obtained independent legal advice or has waived the right to obtain such legal advice, and has signed this Agreement voluntarily and with knowledge of the consequences thereof, accepting the terms and conditions of this Agreement freely without any influence, inducement or assurance of any kind, and intending it to be a complete and unconditional release of all liability to the greatest extent permissible at law;
- acknowledges and agrees that:
- the Releases contained in this Agreement are intended to be as broad and inclusive as permitted by the laws of the Province of Ontario and that this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regards to the conflict of law provisions thereof;
each of the provisions contained in this Agreement is distinct and severable, and a declaration of invalidity or unenforceability of any such provision by a court of competent jurisdiction will not affect the validity or enforceability of any other provision of this Agreement.
Photograph / Social Media Release
The Participant hereby grants and conveys unto BevGen all right, title and interest in any and all photographic images and video or audio recordings made by BevGen during the Participant’s participation in events, including but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.