Blazing Foods – Death Nut Challenge
Not for use by persons under the age of 18.
THIS PRODUCT MAY NOT BE PURCHASED FOR RESALE ANYWHERE WITHOUT EXPRESS WRITTEN CONSENT OF AND AN EXECUTED RE-SALE AGREEMENT WITH BLAZING FOODS, LLC.
2. CONDITIONS OF CONSUMPTION
By purchasing any products listed for sale on The Websites including but not limited to Death Nut Challenge and/or Johnny Scoville’s Tube Of Terror Challenge and/or Carolina Reaper Peanuts in Mild, Medium or Wild (referred to hereinafter as the “The Products”) you (referred to hereinafter as the “Participant”) understand, acknowledge and accept that participation in and/or consumption of The Products involves a risk of personal injury and Participant is fully aware of all risks involved. Participant acknowledges he or she is voluntarily participating in and/or consuming The Products and hereby voluntarily assumes all risk of loss, damage, injury, illness, or death that may be sustained as a result of participation in and/or consumption of The Products. In consideration for participating in and/or consuming The Products, Participant, on his or her own behalf, and on behalf of all other persons claiming by, through or under you, hereby releases Blazing Foods its subsidiaries, and, as applicable, their franchisees as well as their respective officers, directors, employees, agents, independent contractors and successors and assigns (referred to hereinafter as the “Company Parties”), from all rights, claims and actions, including claims for personal injury of a Participant, death of a Participant and/or damage to property of a Participant, arising out of the Participant’s participation and/or consumption of The Products, whether or not said injuries, death or damage were caused by the negligence or other acts or omissions of the Company Parties. Participant agrees for himself or herself, and for his or her heirs and legal representatives, to indemnify and hold harmless the Company Parties from and against any and all damages, actions, causes of action, claims, judgments, costs of litigation and attorney’s fees which may in any way and at any time result from Participant’s participation and/or consumption of The Products. Participant agrees that the Company Parties have the worldwide license and right to use Participant’s name, voice, picture or likeness in any advertising, broadcasting or promotional material (including in-store signage) without providing further notice and without providing any financial or other compensation, and Participant hereby releases the Company Parties from any claims arising therefrom.
Any dispute or claim relating in any way to your use of any Blazing Foods, LLC. or Death Nuts service, The Websites or to any products or services sold or distributed by Blazing Foods or through The Websites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
5. ENTIRE AGREEMENT