Stinger

Stinger Compliance Holdings, LLC

Full Release of Liability and Waiver Form

In consideration of being allowed work as an independent contractor with Stinger Compliance Holdings, LLC (“the Work”), the undersigned (“the Contractor”), on his or her behalf, acknowledges, appreciates, agrees and is fully aware of the risks and hazards in participating in the Work, and further agrees to comply with all stated and customary terms, rules, and written or verbal instructions given by Stinger Compliance Holdings, LLC as conditions for participation in the Work and to pay for all damages to the facilities where the Work occurs caused by the Contractor’s negligent, reckless, or willful actions.

The Contractor recognizes and understands that there are certain inherent risks associated with alcohol and that risks of injury include, without limitation: physical and mental impairment, internal organ damage, muscular sprains and strains, fractures, broken bones, and even more serious injuries, such as paralysis or death. Moreover, the Contractor fully accepts and agrees to assume all of these risks (including risks arising from the negligence of others present where the Work occurs), and the Contractor assumes full responsibility for personal injury to himself or herself.

The Contractor further warrants and certifies that he or she has no health conditions or defects that would prevent him or her from participating safely in the Work. The Contractor further warrants and certifies that he or she is covered by a policy of health-related insurance the scope of which includes illness and bodily injuries and that no person or entity is subrogated to any right the Contractor would otherwise have against Stinger Compliance Holdings, LLC or its agents or employees.

The Contractor Agrees that Stinger Compliance Holdings, LLC shall not be liable for any claims, demands, injuries, damages, actions, or causes of action that arise in whole or in part due to the simple negligence of Stinger Compliance Holdings, LLC, including its affiliates, officers, members, agents, employees, and bars and restaurants for which the Work is being performed. Furthermore, the Contractor forever releases and discharges, and agrees to indemnify and hold harmless, Stinger Compliance Holdings, LLC and the bars and restaurants for which the Work is being performed from and in relation to all claims, demands, injuries, damages, actions, or causes of action that arise from or relate in any way to the Work, other than such claims or demands that arise solely from the gross negligence or intentional acts of Stinger Compliance Holdings, LLC. This waiver and release shall be binding and apply to all risks, known and unknown, even if resulting from negligent actions of others present where the Work occurs.

Additional Terms and Conditions

  1. 1. Independent Contractor Status. The Contractor is an independent contractor and not an employee, agent, partner, or joint venturer of Stinger Compliance Holdings, LLC. The Contractor is not entitled to any wages, salary, benefits, unemployment compensation, or workers’ compensation coverage from Stinger Compliance Holdings, LLC, and acknowledges that Stinger Compliance Holdings, LLC does not carry workers’ compensation insurance covering the Contractor. The Contractor is solely responsible for all federal, state, and local taxes on amounts paid and for maintaining the Contractor’s own insurance. The Contractor controls the manner and means by which the Work is performed.
  2. 2. Voluntary Alcohol Consumption; Sole Responsibility. The Contractor understands that the Work may involve the purchase, presence, or consumption of alcoholic beverages. Any consumption of alcohol by the Contractor is voluntary and undertaken solely at the Contractor’s own discretion and risk. The Contractor is solely responsible for monitoring and limiting his or her own consumption, for remaining within all legal limits, and for his or her own conduct and condition at all times. The Contractor releases, and agrees to indemnify and hold harmless, Stinger Compliance Holdings, LLC and the establishments where the Work occurs from any and all claims, injuries, damages, or causes of action arising out of or relating to the Contractor’s consumption of alcohol, including any harm to the Contractor or to any third party.
  3. 3. No Operation of Vehicles While Impaired; Transportation. The Contractor agrees that he or she will not operate a motor vehicle, machinery, or other equipment while impaired by alcohol or any other substance. The Contractor is solely responsible for arranging safe and lawful transportation to and from the Work, and Stinger Compliance Holdings, LLC has no duty to provide, arrange, or monitor the Contractor’s transportation. The Contractor assumes full responsibility for, and releases and indemnifies Stinger Compliance Holdings, LLC against, any claim arising from the Contractor’s operation of a vehicle.
  4. 4. Age and Legal Capacity. The Contractor warrants and certifies that he or she is at least twenty-one (21) years of age, is legally permitted to purchase and consume alcoholic beverages, and is of sound mind and full legal capacity to enter into this agreement.
  5. 5. Compliance with Laws and Instructions. The Contractor agrees to perform the Work in compliance with all applicable laws and with all protocols, rules, and instructions provided by Stinger Compliance Holdings, LLC. The Contractor is solely responsible for his or her own acts and omissions, including any unlawful conduct, and releases and indemnifies Stinger Compliance Holdings, LLC from any claim arising from them.
  6. 6. Confidentiality; Recordings and Likeness. The Contractor agrees to keep all assignments, client identities, methods, and reports strictly confidential. The Contractor consents to Stinger Compliance Holdings, LLC’s collection, use, and disclosure to its clients of any notes, photographs, audio, or video the Contractor captures in the course of the Work, and waives any claim to compensation or privacy in connection therewith, to the fullest extent permitted by law.
  7. 7. Emergency Medical Treatment. The Contractor consents to receive emergency medical treatment if needed during the Work and agrees that he or she is solely responsible for the cost of any such treatment. Stinger Compliance Holdings, LLC has no obligation to provide, arrange, or pay for medical care.
  8. 8. Limitation of Liability. To the fullest extent permitted by law, the total liability of Stinger Compliance Holdings, LLC to the Contractor for any and all claims arising out of or relating to the Work or this agreement shall not exceed the total amounts paid to the Contractor by Stinger Compliance Holdings, LLC in the six (6) months preceding the event giving rise to the claim. In no event shall Stinger Compliance Holdings, LLC be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages.
  9. 9. Covenant Not to Sue. In addition to the release set forth above, the Contractor covenants and agrees not to sue or bring any claim, demand, or cause of action against Stinger Compliance Holdings, LLC for any matter released by this agreement.
  10. 10. Dispute Resolution; Arbitration; Class-Action and Jury-Trial Waiver. Any dispute arising out of or relating to the Work or this agreement that is not resolved informally shall be resolved exclusively by final and binding arbitration administered in Cherokee County, Georgia under the Commercial Arbitration Rules of the American Arbitration Association, rather than in court. The Contractor and Stinger Compliance Holdings, LLC each waive the right to a trial by jury and the right to participate in any class, collective, or representative action. All claims must be brought in the parties’ individual capacities only.
  11. 11. Electronic Acceptance. The Contractor agrees that electronically accepting this agreement — including checking a box, typing his or her name, or clicking “I Agree” — constitutes a legally binding signature under the federal E-SIGN Act and the Georgia Uniform Electronic Transactions Act, with the same force and effect as a handwritten signature.
  12. 12. Entire Agreement. This agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior understandings. It may be amended only in a writing that references this agreement.

If any paragraph, subparagraph, sentence or clause of this agreement shall be adjudged illegal, invalid or unenforceable, the balance of the agreement shall remain in full force and effect. This agreement shall be construed and interpreted under Georgia law. Subject to the arbitration provision above, any lawsuit or claim arising from or relating in any way to the Work and/or this agreement shall be brought, if at all, in Cherokee County, Georgia.

The Contractor has read this agreement, fully understands its terms, understands that he or she has given up substantial rights by signing it, and signs it freely and voluntarily. The Contractor acknowledges that he or she has received valuable consideration in relation to his or her execution of this agreement, which the Contractor understands to be a prerequisite to participation in the Work. Finally, the Contractor understands that this agreement shall be of full force and effect as to any and all Work in which the Contractor participates, without regard to the date or timing of such Work.

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