Evaluation Participation Waiver

Evaluation Participation Waiver

This Evaluation Participation Waiver (the Agreement) is entered into by and between: Evaluator Name: and Participant Name: . Effective Date:

WHEREAS

WHEREAS, Evaluator conducts programmatic and product evaluations, testing, research, surveys, and related activities (collectively, the Evaluation) for the purpose of assessing usability, performance, functionality, and other attributes; and

WHEREAS, Participant has agreed to voluntarily participate in the Evaluation and to permit Evaluator to collect information, observations, recordings, and other materials arising from Participant's involvement; and

WHEREAS, the parties desire to set forth the terms under which Participant will participate, the compensation (if any), and the waivers, releases, confidentiality obligations and allocation of risk associated with participation.

SCOPE OF WORK

PAYMENT TERMS

Participant Compensation Amount: $ . Payment Schedule:

Late Payment Fee (applied to overdue amounts): % per month on past due balances, to the maximum extent permitted by applicable law.

TERM AND TERMINATION

Term Start Date: . Term End Date: .

Either party may terminate this Agreement for convenience upon written notice to the other party delivered no fewer than days prior to the effective date of termination. Termination for material breach is effective upon written notice if the breach is not remedied within 14 days after receipt of written notice.

CONFIDENTIALITY

The parties acknowledge that Evaluator may disclose Non-Public Evaluation Materials to Participant and Participant may provide information that is confidential. Each party shall hold confidential and shall not disclose to third parties any confidential information of the other party except (i) as required by law, (ii) to its employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations, or (iii) with prior written consent of the disclosing party. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party.

Participant acknowledges that Evaluator may use aggregated, anonymized results for reporting, research, or marketing purposes. Personal data or personally identifiable information will not be published in a form that identifies Participant without separate written consent.

I consent to audio and/or video recording during the Evaluation and to the use of such recordings as described above.

I consent to use of my anonymized data in aggregated reports, analyses, and publications.

WAIVER, RELEASE, AND INDEMNITY

Assumption of Risk: Participant acknowledges that participation in the Evaluation may involve risks, including personal injury, discomfort, or property loss. Participant voluntarily assumes all risks related to participation to the fullest extent permitted by applicable law.

Release and Waiver: To the fullest extent permitted by law, Participant hereby releases, indemnifies, and holds harmless Evaluator and its officers, directors, employees, agents, affiliates and assigns from any and all claims, demands, causes of action, liabilities, damages, or expenses (including attorneys' fees) arising out of or in connection with Participant's participation in the Evaluation, whether arising from the negligence of Evaluator or otherwise, except to the extent such claims arise solely from Evaluator's gross negligence or willful misconduct proven in a court of competent jurisdiction.

Indemnification: Participant agrees to indemnify and defend Evaluator against any third-party claims arising from Participant's negligence, breach of this Agreement, or willful misconduct in connection with the Evaluation.

Participant Acknowledgement: I have read, understand, and voluntarily agree to the terms of this Waiver, Release, and Indemnity.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of , without regard to its conflicts of law principles. The parties submit to the exclusive jurisdiction of the courts located within that jurisdiction for resolution of disputes arising under this Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by both parties.

EMERGENCY CONTACT (PARTICIPANT)

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