Disclaimer and Release of Liability Agreement (Live and Vibrant Tiktok Agency)
By requesting, accepting or using any free samples provided by Live and Vibrant Agency ("Agency"), you, as a content creator ("Creator"), agree to the following terms and conditions:
Release of Liability: Creator acknowledges and agrees that Agency shall not be held liable or responsible for any damages, injuries, or losses, including but not limited to physical, mental, or emotional harm, resulting from the use or misuse of the samples provided. This includes, but is not limited to, any accidents, health-related issues, or any other incidents arising directly or indirectly from the collaboration.
Indemnification: Creator agrees to indemnify and hold harmless Agency, as well as its parent companies, subsidiaries, agents, attorneys, owners, and official and non-official staff members, from any claims, demands, or causes of action arising out of or connected to the use of the samples, including legal fees and costs.
Continued Agreement: By entering into this collaboration, Creator agrees that this disclaimer and release of liability shall apply to all future transactions and collaborations between Creator and Agency, without the need for further agreements or disclaimers. This release is effective for the entire duration of the business relationship between Creator and Agency.
Assumption of Risk: Creator understands and acknowledges the inherent risks involved in the use of the samples and participating in marketing activities on the TikTok platform associated with the collaboration with the Agency and assumes all risks associated with such use and activities.
Health and Safety Compliance: Creator agrees to use the samples in accordance with all applicable laws, regulations, and safety standards. Creator acknowledges that they have reviewed all provided instructions and warnings related to the samples.
No Warranty: Agency makes no warranties, express or implied, regarding the safety, quality, or suitability of the samples provided. All samples are provided "as is."
Legal Capacity: Creator confirms that they have the legal capacity to enter into this agreement and that they are not a minor.
Governing Law: This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Agency is headquartered, without regard to its conflict of law principles.
Interaction Liability: Creator agrees to release Agency from any and all liabilities, damages, or losses arising from or related to any form of interaction with Agency, including but not limited to email communications, WhatsApp group chats, WhatsApp channel messages, text messages, phone calls, and form submissions.
Consent for Use of Communication: Creator consents to the Agency capturing, screenshoting, and using any and all forms of communication between Creator and Agency for reference and use in company activities, including but not limited to internal documentation, training, and marketing purposes.
By requesting, accepting or using the samples, Creator acknowledges that they have read, understood, and automatically agree to be bound by the terms of this Disclaimer and Release of Liability Agreement.