In consideration of my receipt of the nonexclusive, revocable license described below, I hereby confirm and agree, to and for the benefit of The Hashtag, LLC, a California limited liability company (the “Company”), as follows:
1. I am over the age of 18 years.
2. The Company operates premises commonly known as 1298 N. Wishon Ave., Fresno, CA 93728 (“Hashtag Fresno”). The Company has granted me a nonexclusive, personal license to use Hashtag Fresno (the “License”), which is revocable in the sole discretion of the Company. Because it is personal, the License is usable only by me, and is nontransferable.
3. For convenience, the License is sometimes referred to by the Company as a “Membership.” Notwithstanding the foregoing, I understand that the License does not grant or imply any ownership interest in the Company whatsoever.
4. My access to Hashtag Fresno may be limited or unavailable from time to time due to Company special events, required maintenance, the presence of other licensees, power failure, acts of God, and other reasons as determined by the Company from time to time.
5. I will fully and timely abide by Hashtag Fresno’s Code of Conduct, and all other rules, regulations, and policies established by the Company from time to time in connection with the use of Hashtag Fresno and payment of fees for my continuing use of the License.
6. The Company is not responsible for loss or damage to any of my personal property, or for injuries that I may incur, in connection with my use of Hashtag Fresno and activities therein or incidental thereto. I am aware that security personnel are not provided at Hashtag Fresno and that I will be solely responsible for maintaining my personal and property security.
7. I agree to indemnify and hold the Company and the Company’s property free and harmless from and against any and all claims, demands, actions, causes of action, costs and expenses (including attorneys’ fees), and liability for any damages to or loss of property or from the injury or death of any person whatsoever (including but not limited to the Company’s managers, members, agents, and employees) on account of or in any way arising out of the License or my use of Hashtag Fresno and activities therein or incidental thereto. I shall defend all such claims and actions and pay all costs and expenses incidental to such claims and actions.
8. I hereby waive, release, remise, acquit and forever discharge the Company, its managers, members, agents, and employees, and their respective heirs, successors, personal representatives and assigns, of and from any and all suits, causes of action, legal or administrative proceedings, claims, demands, actual damages, punitive damages, losses, costs, liabilities, interest, attorneys’ fees and expenses of whatever kind and nature, in law or in equity, known or unknown, which I ever had, now have, hereafter can, shall or may have or acquire or possess based upon, or arising out of or in any way connected with, directly or indirectly (i) the License, or (ii) my use of Hashtag Fresno and activities therein or incidental thereto.
It is the intention of this provision that any and all responsibilities and obligations of the Company, and any and all rights or claims of myself, my successors and assigns and affiliated persons and entities, arising by virtue of the License or my use of Hashtag Fresno and activities therein or incidental thereto are by this release provision declared null and void and of no present or future effect as to such parties. I hereby waive the benefits of Section 1542 of the Civil Code of the State of California, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”