MUTUAL release of liability
I. The Parties.
This Mutual Release of Liability Agreement, hereinafter referred to as the “Agreement”, effective as of 14/04/2019,hereinafter referred to as the “Effective Date”, is by and between
TwinLeaf Group (the affiliated companies, which include but are not limited to TwinLeaf Group AS, TwinLeaf LLC., TwinLeaf B.V., Cannabis Maker, The Cannabis Maker Podcast, NHZ BV, and the entire Twin Leaves Brand & TwinLeaf Group)
ADDRESS : Torshovgata 12B, 0476 Oslo, Norway
CONTACT : firstname.lastname@example.org
__________ __________ __________ _________ (First & Last Name)
__________ __________ __________ _________ (Affiliated Companies)
II. Mutual Release of Liability
All parties mutually release and forever discharge the other including their affiliates, successors, officers, employees, representatives, partners, agents and anyone claiming through them in their individual and/or corporate capacities (with the exception of medical patients and associated individuals), from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature of any kind, known or unknown, which the parties have or ever have had or may in the future have against one or both of the other parties arising out of or relating but not limited to the referring, handling, processing and informing of medical cannabis patients and individuals that seek a professional medical opinion.
III. Additional Release of Liability
Each party hereby releases the other from all claims, liabilities, damages, lawsuits and disputes of all and any kind, known or unknown, that have arisen or may arise from any occurrences or consequences of, including but not limited to the handling of medical cannabis patients, medical cannabis patient referrals, confidential medical cannabis patient information, medical cannabis prescriptions and/or their validity, individuals travelling domestically and/or internationally with or without medical cannabis, any and all forms of individual monetary gain including but not limited to the prohibited sale and/or distribution on the black market, any and all forms or activites that involve operating machinery, motor vehicles or any such incidence, as well as any and all other forms of further distribution of medical cannabis or medical cannabis prescriptions, documents or related information to anyone other than the intended individual(s) or parties.
The Parties agree to indemnify and keep each other, at all times, fully and effectively indemnified in respect of any and all claims, demands, losses, damages, liabilities, costs and or expenses of any kind whatsoever incurred by the parties which arise out of or in connection with any breach of this Agreement by the parties.
Any notice provided in this agreement must be in writing and must be either personally delivered, electronically mailed or posted to the Parties at the addresses indicated below:
Address: Thorshovgata 12B, 0476 Oslo, Norway
The parties hereto agree that the covenants, agreements, and restrictions (hereinafter “this covenant”) contained herein are necessary to protect the business goodwill, business interests and proprietary rights of the parties and that the parties hereto have discussed, reviewed and had the opportunity to consider this Agreement, with or without independent discussion or the opportunity of legal counsel to consider this Agreement.
This Agreement sets forth the entire Agreement and understanding between the parties and supersedes all prior oral or written agreements and understandings relating to the subject matter of this Agreement. This Agreement may not be modified or discharged, in whole or part, except by consent in writing signed by the parties.
This Agreement may not be assigned or otherwise transferred by either party without the prior written consent of the non-transferring party.
IX. Binding Arrangement
This Agreement will be binding upon and inure to the benefit of the Parties hereto and each Party’s respective successors and assigns.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties hereto shall be construed and enforced as if the Agreement did not contain the particular provision(s) held to be unenforceable.
XI. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Norway and/or Schengen.
The consideration for this release is the mutual waiver by all parties of their respective legal rights regarding any and all disputes and differences described above. This release shall not be in any way construed as an admission by any party that it has acted wrongfully with respect to any party or person, that it admits liability and responsibility at any time for any purpose, or that either party has any rights whatsoever against the other party.
XIII. Negligence & Intentional Misconduct
Negligence for the purposes of this Agreement is defined as any act or failure to act (whether sole, joint, or concurrent) that is so great as to cause harm to, including but not limited to; affiliates, successors, officers, employees, representatives, partners, agents and anyone claiming through them in their individual and/or corporate capacities (with the exception of medical patients and associated individuals) of the Parties, and that: (i) seriously and substantially deviates from a diligent course of action; or (ii) is in reckless disregard of or wanton indifference to a risk known or so obvious that it should have been known.
Intentional Misconduct, for the purposes of this Agreement is defined as a deliberate act or omission, the consequences of which were foreseen or foreseeable, that was intended to cause harm to to, including but not limited to; affiliates, successors, officers, employees, representatives, partners, agents and anyone claiming through them in their individual and/or corporate capacities (with the exception of medical patients and associated individuals) of the Parties.
Parties agree that in the event of any such negligence and/or intentional misconduct as defined above, the party engaging in such negligence and/or intentional misconduct shall be solely liable for any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature of any kind, known or unknown, which the parties have or ever have had or may in the future have against one or both of the other parties arising out of such acts of negligence and/or misconduct.
Each party hereto represents and warrants that it has the full power and authority to enter into and perform this Agreement, and each party knows of no law, rule, regulations, order, agreement, promise, undertaking or other fact or circumstance which would prevent its full execution and performance of this Agreement.
This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
Print Name : _______________
(By signing as Releasee I confirm I have the permission & entrusted authority to act as an authorised Officer or Representative of the affiliated companies, which include but are not limited to (TwinLeaf Group AS, TwinLeaf LLC., TwinLeaf B.V., Cannabis Maker, The Cannabis Maker Podcast, NHZ BV, and the entire Twin Leaves Brand & TwinLeaf Group)
__________________________________________ (First & Last name and affiliated companies)
Print Name : _______________