2. CONDITIONS OF CONSUMPTION
By purchasing the Death Nut Challenge you (referred to hereinafter as the “Participant”) understand, acknowledge and accept that participation in and/or consumption of the Death Nut Challenge 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 Death Nut Challenge 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 Death Nut Challenge. In consideration for participating in and/or consuming the Death Nut Challenge, 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 Death Nut Challenge, 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 Death Nut Challenge. 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 or Death Nuts, or to any products or services sold or distributed by Blazing Foods or through Deathnuts.com.com, Deathnutchallenge.com or Blazingfoods.com 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.
5. ENTIRE AGREEMENT