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*I grant Wine Road Vintners, LLC dba Ponte Family Estate (“Ponte”), its representatives, agents and employees, the unrestricted right and permission to utilize, reutilize, publish and re-publish photographs captured of me, by any individual hired or employed by the company or any of its affiliates to provide services to Ponte Winery. I authorize Ponte Winery to use and publish the same photograph(s) in print, electronically or by any other means. I agree that Ponte Winery may use such photograph(s) for any lawful purpose, including but not limited to, such purposes as publicity, display, illustration, advertising, marketing and Web content, and that no additional compensation of any type is due to me for any such usage.  I agree to allow Ponte Winery to use the photograph(s) exclusively, and on unlimited terms, in the alcoholic beverage, food, special event and wedding industries.  I will not offer the same photography or images to any other individual or entity, including but not limited to, any other winery or similar business in the Temecula Valley or other wine producing area (except affiliated entities).   I relinquish all rights to examine or approve the use or publication of the photograph(s) by Ponte Winery. Ponte Winery will give credit to me as required by applicable law.  I agree that in the event of a dispute between this agreement and any other agreement into which I may have entered concerning this subject matter, this agreement will prevail.  I have read and understand the above. I agree

*I, HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge to the fullest extent permitted by applicable laws, Ponte Family Estate Winery and all of its related entities and all of their respective owners, agents, employees, officers, directors, affiliates, successors and assigns, and trustees (referred to collectively as “Ponte”) of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises of, or for the benefit of, Ponte. I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death to myself or to others. By this Waiver, I assume any and all risk, and take full responsibility for and waive any claims of personal injury; death or damage to me or to my personal property associated with the 2023 Grape Stomping Festival to be held on 9/24/23 at 35053 Rancho California Rd, Temecula, CA 92591. On behalf of myself, my heirs, assigns, administrators, executors, next of kin and any other individual or entity who may have a claim, I waive all claims for damages, injuries and death of all types sustained by me or my property, that I may have against Ponte, including, but not limited to, claims in tort, contract, equity or otherwise. I acknowledge, agree, and represent that I understand the nature of the Ponte 2023 Grape Stomping Festival activities and that I am qualified, in good health, and in proper physical, mental and psychological condition to participate in such activities. I also acknowledge that it is always advisable for any participant who is pregnant or disabled in any way or who has previously suffered an illness, injury or impairment, to consult a physician or other health care provider before undertaking any physical activity such as the Grape Stomping Festival. I further agree and warrant that if at any time I believe conditions or my physical, mental or psychological health to be unsafe, I will immediately discontinue further participation in the activity. This WAIVER AND RELEASE contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended, or repealed, in whole or in part, only upon the prior written consent of all parties. If any provision in this Waiver is deemed to be unenforceable in law or in equity, the court, arbitrator, or jury shall have the authority to modify the Waiver to make it enforceable. The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the 2023 Grape Stomping Festival. I understand that I am releasing known and unknown claims that I may have against Ponte despite the fact that I may become aware of claims in the future which I did not consider prior to signing this release. Therefore, I understand that I am specifically waiving the benefits of Section 1542 of the California Civil Code which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing this release and that, if known to him or her, would have materially affected his or her settlement with the debtor or released party. Any dispute arising out of or in any way connected with WAIVER AND RELEASE or with the Grape Stomping Festival shall be submitted to final and binding arbitration in accordance with the Commercial Arbitration Rules set forth at https://www.adr.org/aaa/commercial. The arbitration shall be held in San Diego, California and California law shall apply without regard to the residence of any party to the arbitration.. The prevailing party in any such dispute shall be awarded reasonable attorneys’ fees by the arbitrator. I have read, understand, and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the fullest extent of all applicable law. I am 18 year of age or older and mentally competent to enter into this waiver. I agree

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