Common use of PLEASE READ IT CAREFULLY Clause in Contracts

PLEASE READ IT CAREFULLY. Welcome to The Emporium, a resource and collaborative effort between multiple mission-aligned charitable organizations, including but not limited to, ▇▇▇▇▇▇ Care Counts, Make Good, Inc. (dba The Book Foundation) and Hope in a Suitcase (collectively “Participating Organizations”), where youth currently or formerly in the ▇▇▇▇▇▇ care system and others are allowed to come “Shop,” free of charge, for clothing, books and other items and attend workshops, social functions, and other gatherings (collectively “Emporium Activities”). In exchange for, as lawful consideration for, and as a condition of entry and participation in Emporium Activities, each guest / volunteer agrees to all terms and conditions set forth herein and agrees to the following assumption of risk, waiver and release of all claims, and hold harmless agreement: The undersigned guests / volunteers (“You”) hereby consent and understand that You and any minors You bring to Emporium Activities enter the Premises at Your own risk, and that the Participating Organizations are in no way liable or responsible for Your health and safety, or anything pertaining therewith. YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES YOU MAY ENGAGE IN AT THE PREMISES MAY INCLUDE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS AT THE PREMISES BY THE PARTICIPATING ORGANIZATIONS. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY VISITING THE PREMISES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE PARTICIPATING ORGANIZATIONS. You recognize, understand, and hereby assume all of the risks of participating in Emporium Activities and all activities associated with the Premises, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the Participating Organizations and from dangerous or defective equipment or property owned, maintained, or controlled by them. If You bring minors to Emporium Activities, You understand that You alone are responsible for supervising such minors while they are on the Premises. YOU hereby grant Participating Organizations, their subsidiaries, licensees, successors and assigns, the right to use, publish, alter and reproduce, for all purposes, any artwork, notes and expressive material produced by YOU by while You are on the Premises (collectively, “Artistic Materials”) in film or electronic (video) form, and You also give Participating Organizations permission to put the finished Artistic Materials to any legitimate uses it may deem proper. You further agree and acknowledge that You have no right, copyright, title or interest of any kind or nature whatsoever, in and to any program of films or videotapes taken by Participating Organizations in which the Artistic Materials appear. You hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Participating Organizations and their employees, agents, affiliates, partners, guests, licensees, invitees, directors, members, successors, or assigns, and agree to defend, indemnify, and hold Participating Organizations and their officers and directors harmless from and against any and all claims, losses, actions, damages, liabilities, and expenses (including attorney’s fees) that:

PLEASE READ IT CAREFULLY. Welcome This arbitration provision shall also apply to The Emporiumany Claims (as defined below) brought by or against Apple Financing LLC, a resource and collaborative effort between multiple mission-aligned charitable organizationsApple Payments Inc., including but not limited to, ▇▇▇▇▇▇ Care Counts, Make Good, Apple Inc. or any of its affiliates (dba The Book Foundation) and Hope in a Suitcase (collectively “Participating Organizations”), where youth currently or formerly in the ▇▇▇▇▇▇ care system and others are allowed to come “Shop,” free of charge, for clothing, books and other items and attend workshops, social functions, and other gatherings (collectively “Emporium Activities”"Apple"). In exchange for, as lawful consideration for, and as a condition of entry and participation in Emporium Activities, each guest / volunteer agrees to all terms and conditions set forth herein and agrees to the following assumption of risk, waiver and release of all claims, and hold harmless agreement: The undersigned guests / volunteers (“You”) hereby consent and understand that You and any minors You bring to Emporium Activities enter the Premises at Your own risk, and that the Participating Organizations are in no way liable or responsible for Your health and safety, or anything pertaining therewith. YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES ACKNOWLEDGMENT OF ARBITRATION HOW TO REJECT THIS ARBITRATION PROVISION YOU MAY ENGAGE IN AT REJECT THIS ARBITRATION PROVISION BY CONTACTING US USING MESSAGES, CALLING US, OR WRITING TO US, AND STATING THE PREMISES MAY INCLUDE DANGEROUS ACTIVITIES FOLLOWING: (I) YOUR NAME; (II) THE EMAIL ADDRESS YOU PROVIDED FOR APPLE PAY LATER; (III) THE ADDRESS YOU PROVIDED FOR APPLE PAY LATER; AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS AT THE PREMISES BY THE PARTICIPATING ORGANIZATIONS. YOU ACKNOWLEDGE (IV) THAT YOU ARE VOLUNTARILY VISITING EXERCISING YOUR RIGHT TO REJECT THIS ARBITRATION PROVISION (A "REJECTION NOTICE"). YOUR REJECTION NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE PREMISES DATE YOU ENTERED THESE APPLE PAY LATER TERMS. IF YOUR REJECTION NOTICE COMPLIES WITH KNOWLEDGE THESE REQUIREMENTS, THIS ARBITRATION PROVISION WILL NOT APPLY TO YOU, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION OR ARBITRATION AT THE TIME YOU SEND YOUR REJECTION NOTICE. REJECTION OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, ARBITRATION PROVISION WILL NOT AFFECT YOUR OTHER RIGHTS OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE PARTICIPATING ORGANIZATIONS. You recognize, understand, and hereby assume all of the risks of participating in Emporium Activities and all activities associated with the Premises, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the Participating Organizations and from dangerous or defective equipment or property owned, maintained, or controlled by them. If You bring minors to Emporium Activities, You understand that You alone are responsible for supervising such minors while they are on the Premises. YOU hereby grant Participating Organizations, their subsidiaries, licensees, successors and assigns, the right to use, publish, alter and reproduce, for all purposes, any artwork, notes and expressive material produced by YOU by while You are on the Premises (collectively, “Artistic Materials”) in film or electronic (video) form, and You also give Participating Organizations permission to put the finished Artistic Materials to any legitimate uses it may deem proper. You further agree and acknowledge that You have no right, copyright, title or interest of any kind or nature whatsoever, in and to any program of films or videotapes taken by Participating Organizations in which the Artistic Materials appear. You hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Participating Organizations and their employees, agents, affiliates, partners, guests, licensees, invitees, directors, members, successors, or assigns, and agree to defend, indemnify, and hold Participating Organizations and their officers and directors harmless from and against any and all claims, losses, actions, damages, liabilities, and expenses (including attorney’s fees) that:RESPONSIBILITIES UNDER THIS ARBITRATION PROVISION OR THESE APPLE PAY LATER TERMS.

PLEASE READ IT CAREFULLY. Welcome to The Emporium, a resource and collaborative effort between multiple mission-aligned charitable organizations, including but not limited to, This is an official court notice from the United States District Court for the Western District of New York In re ▇▇▇▇▇▇▇ Care CountsKodak ERISA Litigation, Make GoodCivil Action No. 12-06051-DGL «First1» «Last1» «CO» «Addr2» «Addr1» «City», Inc. «ST» «Zip» «Country» Records show that, between January 1, 2010 and March 31, 2012, you are or were a participant in the Kodak Employee Stock Ownership Plan (dba The Book Foundation) and Hope in a Suitcase (collectively the “Participating OrganizationsESOP”), where youth currently and or formerly you are or were a participant in the ▇▇▇▇▇▇▇ care system Kodak Employees’ Savings and others are allowed Investment Plan (the “SIP”) and that your SIP Plan account held investments in the Kodak Stock Fund. As a result, you may be entitled to come “Shop,” free of chargea payment pursuant to a proposed class action settlement in In re ▇▇▇▇▇▇▇ Kodak ERISA Litigation, for clothingCivil Action No. 12-06051-DGL. In this case, books the Plaintiffs claim that certain individuals and other items and attend workshops, social functions, and other gatherings entities (collectively the “Emporium ActivitiesDefendants”) breached their fiduciary duties owed the ESOP and the SIP (together, the “Plans”). In exchange for, as lawful consideration for, and as a condition under the Employee Retirement Income Security Act of entry and participation in Emporium Activities, each guest / volunteer agrees to all terms and conditions set forth herein and agrees to the following assumption of risk, waiver and release of all claims, and hold harmless agreement: The undersigned guests / volunteers 1974 (“YouERISA”) hereby consent and understand that You and any minors You bring to Emporium Activities enter the Premises at Your own risk, and that the Participating Organizations are in no way liable or responsible for Your health and safety, or anything pertaining therewith. YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES YOU MAY ENGAGE IN AT THE PREMISES MAY INCLUDE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS AT THE PREMISES BY THE PARTICIPATING ORGANIZATIONS. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY VISITING THE PREMISES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE PARTICIPATING ORGANIZATIONS. You recognize, understand, and hereby assume all connection with their administration of the risks of participating Plans by continuing the Plans’ investment in Emporium Activities the Kodak stock when Defendants knew or should have known based solely on publicly available information that Kodak stock was an imprudent investment option for the Plans. The Defendants deny any and all activities associated with wrongdoing and have asserted many defenses, which they believe would have been ultimately successful. However, the Premises, including Parties have reached agreement to settle the dispute and the proposed Settlement is under review by way of example and not limitation, any risks that may arise from negligence or carelessness on the Court. As part of the Participating Organizations proposed Settlement, qualified class members who are current participants in the SIP and who show a loss under the proposed Plan of Allocation will receive payment to their account(s) in the Plan(s). (Former participants will either receive payments directly or will have a new SIP Plan account established for receipt of their share of the Settlement, depending on the total amount of their net loss.) You do not need to do anything to receive a payment under the Settlement but your rights will be affected. The Settlement includes a release of claims related to the administration of the Plans and the selection of investment options under the Plans. The Court will hold a Fairness Hearing on [MONTH & DAY], 2016, at XX:XX to consider whether to approve the Settlement, the proposed Plan of Allocation, Plaintiffs’ Counsel’s application for up to one third of the Settlement Fund in attorneys’ fees and approximately $ in expenses, and Case Contribution Awards for each of the plaintiffs who have been appointed by the Court to represent the class, which award shall not exceed $5,000 each. You cannot exclude yourself from dangerous the Settlement. You can, however, file written comments or defective equipment or property ownedobjections with the Court and appear and speak at the Fairness Hearing at your own expense. To do so, maintainedyou must submit your comments no later than [MONTH & DAY], or controlled by them2016. If You bring minors to Emporium ActivitiesDetailed instructions can be found on the settlement website at www. .com, You understand that You alone are responsible where you can also obtain a more detailed notice about the terms of the Settlement and how the payments will be calculated, as well as the Settlement Agreement and related materials. Additional information, including Plaintiffs’ Counsel’s application for supervising such minors while attorneys’ fees, will be posted on the Settlement Website as they are on filed with the Premises. YOU hereby grant Participating Organizations, their subsidiaries, licensees, successors and assigns, the right to use, publish, alter and reproduce, for all purposes, any artwork, notes and expressive material produced by YOU by while You are on the Premises (collectively, “Artistic Materials”) in film or electronic (video) form, and You also give Participating Organizations permission to put the finished Artistic Materials to any legitimate uses it may deem properCourt. You further agree and acknowledge that You have no rightmay also write to Kodak ERISA Litigation Settlement, copyrightc/o A.B. Data, title or interest Ltd., Settlement Administrator, PO Box 170500, Milwaukee, WI 53217 to request copies of any kind or nature whatsoever, in and to any program these materials. This notice is only a summary. IN RE ▇▇▇▇▇▇▇ KODAK ERISA LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS To all members of films or videotapes taken by Participating Organizations in which the Artistic Materials appear. You hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Participating Organizations and their employees, agents, affiliates, partners, guests, licensees, invitees, directors, members, successors, or assigns, and agree to defend, indemnify, and hold Participating Organizations and their officers and directors harmless from and against any and all claims, losses, actions, damages, liabilities, and expenses (including attorney’s fees) thatfollowing class: