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Program Participation and Release Agreement

In exchange for the opportunity to receive and use pre-launch or beta cosmetic products and to provide feedback (the “Program”) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I (“I” or “Participant”) enter into this Program Participation and Release Agreement (“Agreement”) with OneSkin, Inc., located at 953 Indiana St, San Francisco, CA 94107 (“OneSkin”).

BY CLICKING “I ACCEPT” TO THIS AGREEMENT, I AFFIRM THAT I AM OF LEGAL AGE AND HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT.

You can download a printable copy of this Agreement here. 

  1. Purpose. I have been informed that:

    1. OneSkin is conducting consumer and marketing research by hosting the Program;

    2. As part of the Program, I may be asked to test certain pre-launch cosmetic product samples and related materials and provide feedback on the products, their use and the Program; 

    3. Products are cosmetics and not intended to diagnose, treat, cure, or prevent disease; Participant agrees not to make or assert any medical or therapeutic claims in feedback;

    4. My participation is voluntary and I may withdraw or terminate my participation at any time;

    5. My feedback and participation in this Program is confidential information of OneSkin and I will not disclose or publicize any information related to the products or Program; and

    6. OneSkin plans to use this information to understand how to enhance OneSkin’s products and how such products may be received by consumers.

  2. Compliance & Cooperation. I will store and use products strictly in accordance with the storage, handling and use instructions. I will not resell, share, or redistribute products to any person or entity. On request, I will return or destroy remaining products and confirm destruction.  I acknowledge OneSkin’s obligations under the Modernization of Cosmetics Regulation Act of 2022 and agree to cooperate with reasonable follow-up related to my experience with the products, including any adverse reactions. 

  3. Assumption of Risk. BEFORE PARTICIPATING IN THE PROGRAM, I WILL INSPECT THE PRODUCTS TO BE USED FOR THE PROGRAM (INCLUDING THE INGREDIENT INFORMATION AND USAGE INSTRUCTIONS), AND IF I BELIEVE ANYTHING IS UNSAFE OR IF I HAVE ANY KNOWN SENSITIVITY TO INGREDIENTS IN THE PRODUCT, I WILL IMMEDIATELY ADVISE ONESKIN AND REFUSE TO PARTICIPATE. ONESKIN HAS MADE NO REPRESENTATION TO ME AS TO THE SUITABILITY, CONDITION, OR SAFETY OF THE PRODUCTS INVOLVED IN THE PROGRAM. I UNDERSTAND THAT MY OWN ACTIONS, INACTIONS, OR NEGLIGENCE OR THE ACTIONS, INACTIONS, OR NEGLIGENCE OF OTHERS OR THE CONDITION OF THE PRODUCTS, MAY BE HAZARDOUS TO ME OR MY PROPERTY.

FURTHER, THERE MAY BE OTHER RISKS NOT KNOWN TO ME OR REASONABLY FORESEEABLE AT THIS TIME. I UNDERSTAND AND I HAVE CONSIDERED AND EVALUATED THE NATURE, SCOPE, AND EXTENT OF THE RISKS INVOLVED, AND I VOLUNTARILY AND FREELY CHOOSE TO ASSUME THESE RISKS. I WARRANT THAT I AM PHYSICALLY AND MENTALLY ABLE TO FULLY PARTICIPATE IN THE PROGRAM. 

  1. Release from Liability and Covenant Not to Sue. I FULLY AND FOREVER RELEASE AND DISCHARGE ONESKIN AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND INSURERS (EACH, A "RELEASED PARTY", AND COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL INJURIES (INCLUDING BUT NOT LIMITED TO DEATH), LOSSES, DAMAGES, CLAIMS (INCLUDING BUT NOT LIMITED TO NEGLIGENCE CLAIMS), DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, OF OR TO ME, MY PROPERTY, OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH MY PARTICIPATION IN THE PROGRAM, EVEN IF IT IS DUE TO THE NEGLIGENCE, INJUDICIOUS ACT, OMISSION, OR OTHER FAULT OF A RELEASED PARTY. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST ONESKIN OR ANY OTHER RELEASED PARTY, AND FOREVER RELEASE AND DISCHARGE THE ONESKIN AND ALL OTHER RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS.

  2. Indemnification. I INDEMNIFY, DEFEND, AND HOLD HARMLESS ONESKIN AND THE OTHER RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATING TO MY PARTICIPATION HEREUNDER, INCLUDING BUT NOT LIMITED TO MY BREACH OF ANY PROVISION OF THIS AGREEMENT. I shall use my best efforts to cooperate in the defense of any claim. I acknowledge that OneSkin reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification under this Agreement.

  3. No Insurance; Medical Expenses; Notification of Injury. I understand that neither OneSkin nor the other Released Parties provide me with any insurance (including but not limited to life, medical, or liability) for any illness, accident, injury, loss, or damages that may arise in connection with my participation in the Program. If I want insurance of any kind, I must obtain my own. I will pay my own medical emergency expenses and all subsequent medical expenses associated with any illness, accident, or injury in connection with the Program. If I become ill, involved in any accident, experience an adverse reaction or injured during my participation in the Program, I will promptly report such illness, accident, or injury to a OneSkin representative.

  4. Ownership of Products. I understand that all products I receive or use during the Program are and remain the property of OneSkin before, during, and after the testing phase. I will not loan, sell, or give the products to anyone. After testing, or whenever a OneSkin representative requests their return, I will promptly return the products to OneSkin. I will provide detailed information about the products when requested by OneSkin.

  5. Authorization to Use Image and Feedback. OneSkin and others may photograph, film, videotape, or otherwise record the Program. I hereby grant to OneSkin and the other Released Parties the right in perpetuity and throughout the world, with no further compensation to me, to use my photograph, video, or film portrayal, audio recording, image, voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, or any other personal characteristic or physical or vocal likeness, or any materials based on or derived from these materials, for product development or research purposes. I shall have no right of approval and I WAIVE ANY CLAIM (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON INVASION OF PRIVACY, DEFAMATION, AND RIGHT OF PUBLICITY) ARISING OUT OF ANY USE, BLURRING, ALTERATION, DISTORTION, ILLUSIONARY EFFECT, OR ANY USE IN COMPOSITE FOR OF MY NAME, PICTURE, LIKENESS, VOICE, OR BIOGRAPHICAL INFORMATION FOR THE PERMITTED PURPOSES. The Released Parties shall have no obligation to use any of the rights I grant. I represent that it is unnecessary for any Released Party to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.

  6. Assignment of Intellectual Property Rights and License to Use Comments, Feedback, and Ideas. For the opportunity given by OneSkin to participate in the Program, I hereby grant to OneSkin a perpetual, irrevocable, worldwide, royalty-free license to use all comments, feedback, and ideas I may share with them, without notice or acknowledgment to me, for any purposes whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving products and services. I hereby assign to OneSkin all rights, title, and interest I may have or develop to inventions that relate to my participation in the Program. Nothing herein shall require me to assign to OneSkin inventions that do not relate to my participation in the Program.

  7. Privacy Statement. I acknowledge that I may provide personal information to OneSkin in connection with my participation in the Program, including but not limited to my name, address, age, ideas, or feedback. I agree that all personal information that I provide to OneSkin is subject to OneSkin’s Privacy Policy. My voluntary participation in the Program may be conditioned on OneSkin’s requirement to sign additional consents related to such personal information.

  8. Confidentiality. I understand that I may be exposed to information about OneSkin's products, advertising campaign,  and branding, and other information and ideas that may not have been disclosed to the public (collectively, the "Confidential Information"). I shall maintain the confidentiality of all Confidential Information disclosed to me in connection with the Program, and shall hold all Confidential Information in strict confidence; however, I may disclose Confidential Information to professional counselors, such as an accountant or attorney or as required by law. I further agree to refrain from disclosing or using Confidential Information for any purpose other than participating in the Program. The obligation to maintain the confidentiality of Confidential Information shall survive termination and continue for 5 years.

  9. No Payment. I understand that I will not receive any monetary compensation relating to my participation in the Program or my grant or release of rights.

  10. Choice of Law. This Agreement and all matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of California without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of California. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in and for California, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.

  11. Withdrawal. I can withdraw from the Program at any time, but I cannot terminate, cancel, or revoke this Agreement for any reason. 

  12. Miscellaneous. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. This Agreement supersedes any oral or written statements made by or to me in connection with the Program. This Agreement may not be modified except by a written Agreement that specifically refers to the provision or provisions to be amended and that is signed by an authorized representative of OneSkin, following review by OneSkin's legal department. I am not an employee of or in a joint venture with OneSkin or any other Released Party. I understand that my participation in the Program does not form an employment relationship between me and OneSkin or any other Released Party.

  13. Informed Consent. By participating in the Program, I hereby certify that I:

    1. am at least 18 years of age and have the full legal capacity to execute this Agreement and that I am otherwise legally permitted to enter into this Agreement and sign this Agreement;

    2. have read and fully understand the above information; 

    3. any feedback that I provide to OneSkin or its designee will reflect my honest experience with the products and Program; and

    4. voluntarily agree to participate in this Program, in good faith and to the best of my ability.