The undersigned (referred to as “I” or “me”) is requesting and desires to obtain and personally use the free Delta-9 THC and CBD gummies, (the “Products”) offered and provided by Sky Marketing Corporation, DBA Hometown Hero, (the “Company”). In consideration of the Company’s providing me with the Products and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).
I represent, covenant, and warrant that I: (a) am at least 21 years old; (b) am requesting the Products for my own personal use; and (c) will not transfer the Products to any third party for any reason.
I AM AWARE AND UNDERSTAND THAT:
THE PRODUCT IS NOT FOR USE BY OR SALE TO PERSONS UNDER THE AGE OF 21; EACH GUMMY CONTAINS 10MG OF DELTA-9-TETRAHYDROCANNABINOL (“DELTA-9 THC”) AND 10MG OF CANNABIDIOL (“CBD”);DELTA-9 THC IS THE MAIN PSYCHOACTIVE COMPOUND IN CANNABIS AND IS KNOWN TO PRODUCE PSYCHOACTIVE AND INTOXICATING EFFECTS WHEN CONSUMED;ADVERSE EFFECTS REPORTED AFTER THE CONSUMPTION OF DELTA-9 THC INCLUDE EXPERIENCING: DROWSINESS, FEAR, ANXIETY, OR PANIC; TROUBLE WITH BODY COORDINATION AND THINKING; AUDIO AND VISUAL HALLUCINATIONS; AND IRRATIONAL THOUGHTS;MOST WORKPLACE DRUG SCREENS AND TEST TARGET DELTA-9 THC AND ACCORDINGLY IF I AM SUBJECT TO ANY FORM OF DRUG TESTING OR SCREENING I SHOULD NOT INGEST THE PRODUCTS; I SHOULD NOT DRIVE, OPERATE HEAVY MACHINERY, OR ENGAGE IN OTHER SUCH INHERENTLY DANGEROUS ACTIVITIES WHILE UNDER THE EFFECTS OF THE PRODUCTS; THE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION;NEITHER THE PRODUCTS, DELTA-9 THC, CBD, NOR THE STATEMENTS MADE IN TIS RELEASE HAVE BEEN EVALUATED OR APPROVED BY THE FDA; ANDI SHOULD CONSULT A HEALTH CARE PROFESSIONAL ABOUT POTENTIAL INTERACTIONS AND OTHER POSSIBLE COMPLICATIONS BEFORE USING THE PRODUCTS.
THE USE OF DELTA-9 THC AND CBD, AND THEREFORE THE PRODUCTS, MAY POTENTIALLY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE, AND MAY HAVE ADVERSE INTERACTIONS WITH OTHER MEDICATIONS. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT MY OBTAINING AND USE OF THE PRODUCTS ARE VOLUNTARY AND DONE WITH THE KNOWLEDGE AND AN EXPRESS UNDERSTANDING OF THE POTENTIAL DANGERS INVOLVED, AND I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM OR RELATED TO MY RECEIPT AND USE OF THE PRODUCTS, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY, AND ITS OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ARISING OUT OF OR RELATED TO MY RECEIPT AND/OR USE OF THE PRODUCTS, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE COMPANY OR ANY RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM ANY AND ALL LIABILITY UNDER SUCH CLAIMS.
I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEY FEES, FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY THE COMPANY OR ANY OTHER RELEASEES ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO MY RECEIPT AND/OR USE OF THE PRODUCTS, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF THE COMPANY.
I understand and agree that: (a) this Release constitutes the sole and entire agreement between the Company and me with respect to the subject matter contained herein and that that no other representations, statements, or inducement apart from those included in this Release have been made; (b) this Release is binding on, and shall inure to the benefit, of the Company and me, and our respective successors and assigns, including but not limited to my heirs, executors, administrators, next of kin; (c) all matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas; (d) any claim or cause of action arising out of, or related to the subject matter of this Release may be brought only in the federal and state courts located in Travis County, Texas, and I hereby consent to the exclusive jurisdiction of such courts; (e) that this Release is intended to be as broad and inclusive as is permitted by the laws of the State of Texas; and (f) if any term or provision of this Release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent, then the remaining terms and provisions of this Release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.