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  • Assumption of risk, release and waiver of liability and indemnity agreement

    By Online Form
  • Cabrito Goat Meat Limited
    15 Castle hill,
    Devon EX13 5PY

    Date: 27/06/2022
  • Ladies and Gentlemen,

    Papaya Studio Ltd (the “Studio”) has been engaged by Cabrito Goat Meat Limited (the “Client”) to assist the Client with certain amendments to websites, forms & marketing platforms / processes including the creation of privacy policies, consent forms, terms & conditions and other such similar matters (the “Design Work”). Furthermore, the Client has asked the Studio, in the absence of any consideration or monetary payment, to review the Design Work in light of the General Data Protection Regulation (EU) 2016/679 (‘GDPR”) and to bring the Design Work in compliance with GDPR (the “GDPR Work”).

    In foregoing of the above, the Studio would appreciate the Client acknowledging and agreeing to the following:

    • 1) The Client acknowledges that the Studio is not specialised in providing legal or regulatory advice in relation to GDPR or any other legislation enacted in any country. If the Client wishes to ensure adequate compliance with GDPR or any other legislation enacted in any country, then the Client should seek specialised and professional advice from qualified solicitors.
    • 2) The Client acknowledges and agrees that the Design Work provided by the Studio is not legal advice, nor does it establish an attorney-client relationship.
    • 3) The Client acknowledges and agrees that they understand the nature of non-compliance with GDPR and other legislation enacted in any country and that there are certain risks & penalties associated with such non-compliance. The Client knowingly and voluntarily assumes responsibility for each of these risks & penalties, and all other risks and penalties, that could arise out of, the non-compliance with such legislation.
    • 4) The Studio does not make any representation to you as to the accuracy, completeness or sufficiency of the GDPR Work. The Studio does not have any responsibility to you for the contents of the GDPR Work. You hereby release Studio and its partners, employees, agents and representatives from any liability for any and all losses, liabilities and claims, whether known or unknown and regardless of the type or character, based upon or relating to the GDPR Work and your use of the GDPR Work or the information contained in the GDPR Work for any purpose.
    • 5) The Client (on your behalf and on behalf of your representatives) do hereby release the Studio and all of its respective members, managers, partners, attorneys and employees (collectively, the “Covered Parties”) from any claims, liabilities, obligations, damages, expenses and losses of whatsoever kind or nature, whether known or unknown, fixed or contingent, in law or equity, that you or your representatives have or may have against any Covered Party (collectively, “Claims”) arising out of the use of, access to, or reliance on, the GDPR Work or any information contained therein and do hereby covenant to refrain from, directly or indirectly, asserting any Claim, or commencing, instituting or causing to be commenced, any proceeding of any kind against any Covered Party, based upon any matter purported to be released hereby. You agree that you shall be responsible for any liability resulting from any breach of the terms of this letter by you, your affiliates or your representatives.
    • 6) This letter is to be governed by and construed in accordance with the laws of England & Wales, without regard to its principles of conflicts of law. All actions and proceedings directly or indirectly arising out of, under or relating to this letter or the GDPR Work shall be heard and determined exclusively in the courts of England & Wales.
  • Very truly yours,

    Papaya Studio Ltd
    11 Orchard Way,
    Somerset BS27 3JA

    tel. +44 (0) 7533 874161

  • Acknowledges and agreed:

    Cabrito Goat Meat Limited