We are glad to have You visit Sun World International, LLC (‘Sun World’). This is a legally binding agreement between You, either personally or on behalf of a company, and Sun World. As part of Your physical or virtual visit You may be exposed to Sun World’s confidential and propriety materials and information (‘Proprietary Information’). Proprietary Information includes, but is not limited to, Sun World’s proprietary plant varieties, including plants, plant parts and fruit from the varieties; information concerning the development, growth and treatment of Sun World’s proprietary varieties; and information concerning Sun World’s business, including information concerning Sun World’s partners and employees. Proprietary Information also includes information about the location and content of Test Blocks and proprietary and experimental vineyards, as well as information about the fruit of Sun World’s varieties, including information derived from tasting and evaluating the fruit.
Your signature below indicates Your agreement to enter into a confidential relationship with Sun World with respect to the Proprietary Information. You agree to hold the Proprietary Information in confidence, not to disclose it to others, and not to use the Proprietary Information commercially or for any purpose other than as agreed to in advance with Sun World. You agree not to take any photos or make any recordings during your visit and not to remove any physical materials without express consent. You acknowledge that any audio or visual recordings You make on Your physical visit to Sun World are Proprietary Information. Any audio or visual recording, photographs, screen shots or other forms of duplication are prohibited during all virtual meetings unless agreed upon in writing by all parties. Should You conceive any inventions as a result of Your exposure to Proprietary Information, You agree to assign and do assign the rights in each such invention to Sun World.
By signing this Agreement, You also acknowledge the following: (1) You have no signs of a fever or a measured temperature above 100.3 degrees or greater, a cough or trouble breathing within the past 24 hours; (2) You have not had close contact with an individual diagnosed with COVID-19 within the past 3 days; and (3) You may be required to wear a mask while indoors at Sun World facilities.
By signing this agreement, You indemnify, defend and hold harmless Sun World against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by You or anyone on Your behalf, including attorney’s fees and any related costs.
In the event that You require medical care or treatment, You authorize Sun World to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport and sharing of medical information with medical personal. You further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment.
You acknowledge that various activities may carry with it the potential for death, serious injury and property loss. You agree not to participate in the Activity unless you are medically able and agree to abide by the decision of Sun World regarding your approval to participate in the Activity.
To the extent that the statute or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of Sun World, its agent and employees. You agree that this Agreement shall be governed for all purposes by California law, without regard to any conflict of law principles.
You acknowledge that You have carefully read and understand this Agreement and expressly agree to release and discharge Sun World and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and agree to voluntarily give up or waive any right that you otherwise have to bring a legal action against Sun World for personal injury or property damage.
By execution of the Agreement, the undersigned represent that he/she is duly authorized to execute and deliver this Agreement and shall be bound by this Agreement. This Agreement supersedes any and all previous oral and written promises or other agreements.
