The Ferrellgas Propane Panel
Terms and Conditions
AGREEMENT AND CONSENT TO PARTICIPATE IN FERRELLGAS PROPANE PANEL Ferrellgas, L.P. is forming a standing panel of consumers called the Ferrellgas Propane Panel for the review of products and services offered by Ferrellgas, as well as consumer opinions and trends related to propane and propane usage. Through these studies we will be asking participants to provide their opinions and feedback so we can continue to improve the propane service we provide. Products and services to review may include propane delivery, pricing, monitors, service, tanks, equipment and more. Ferrellgas, L.P. may from time to time provide logo items, special offers, discounts, and more as gratis for helping us as part of the Ferrellgas Propane Panel. Feedback will be required of all panelists in written (questionnaire, essay), verbal (phone interview) and/or visual (photos, video) format, depending on the format adopted of each individual study. Participants must have access to and the ability to use standard hardware/software (computer, internet, phone and camera with video functions) to provide feedback.
If you wish to participate in one or more Propane Panel activity (the "Research") please read all below.
In consideration for the opportunity to participate in the Research, I hereby unconditionally agree as follows:
1. ASSUMPTION OF RISK. I understand that participation in the Research involves inherent risks and dangers of accidents. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, the rules of play, or the condition of the facilities or equipment. 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. Where Research takes place other than at Ferrellgas, L.P.’s direction, I acknowledge that Ferrellgas, L.P. does not control or manage the conditions of Research or the conditions under which the Products are used.
2. RESEARCH CONDITIONS. Before participating in the Research that involves the use of propane, I will inspect the Products themselves, and if I believe anything is unsafe, I will immediately advise a Ferrellgas, L.P. representative and refuse to participate or attend until the conditions are corrected to my satisfaction. I agree to read all instructions and warnings associated with the Products, to obey all such instructions and warnings, and use the Products only for their intended purpose and in accordance with the instructions and warnings. If I do not understand any instruction or warning associated with the Product, I agree to immediately notify a Ferrellgas, L.P. representative and agree not to use the Product until I become informed and understand the instructions and warnings. If I become ill, involved in an accident or injured during the Research, I will promptly report such illness, accident or injury to Ferrellgas, L.P.. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care.
3. RELEASE FROM LIABILITY AND COVENANT NOT TO SUE. I fully and forever release, and discharge Ferrellgas, L.P., their insurers, sponsors, and any third parties involved in the Research, and their respective officers, directors, and employees (together, the "Released Parties") from any and all injuries (including death), losses, damages, expenses, and any other liability of any kind directly or indirectly arising out of or in connection with my participation in or attendance at the Research, even if the claim arose out of a defect in the product, the insufficiency or defect in the warnings or instructions associated with the Product, or the negligence or other fault of the Released Parties. I will not initiate any lawsuit, court action, or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim arising out of injuries (including death) losses, or damages sustained by me or others in connection with or related to my participation in, attendance at, or travel to, the Research, and I waive any right I may have to do so. I waive my insurers' right of subrogation.
If I am a California resident or could otherwise claim the protections of California law, I expressly waive the provisions of Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected his settlement with the debtor."
4. INDEMNITY. I will defend, indemnify and hold harmless the Released Parties from and against all sums, costs, and expenses paid or payable by a Released Party to any other person, including reasonable attorney fees whether prior to, at trial or any other proceeding, or in any appeal or other post judgment proceeding, arising out of or in connection with my participation in the Research.
5. NO INSURANCE. I understand Ferrellgas, L.P. and others involved in the Research do not provide me with any insurance, either life, medical or liability, for any illness, accident, injury, or sickness that may arise in connection with my participation in the Research.
6. AUTHORIZATION USE IMAGE. Ferrellgas, L.P., and others, including participants, may photograph, film, videotape, or otherwise record the Research, whether in digital, magnetic or any other media now in existence or discovered or created in the future. I irrevocably grant to Ferrellgas, L.P. and its affiliates 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, or other personal characteristic or physical or vocal likeness, or any materials based on or derived from these materials, for product development and other purposes. I shall have no rights of approval and I waive any claim (including, without limitation, claims based upon invasion of privacy, defamation, and right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, or any use in any composite form of my name, picture, likeness, voice, or biographical information. Ferrellgas, L.P. shall have no obligation to use any of the rights I grant. I represent that it is not necessary for Ferrellgas, L.P. to pay any fees to any collective bargaining organization, union, or any third party in connection with the rights granted in these terms.
7. OWNERSHIP OF PRODUCTS. I understand that all Products provided to me directly in the Research are and will remain the property of Ferrellgas, L.P. I will not loan, give, sell, or otherwise transfer the Products to anyone. After the Research has concluded, or earlier if requested by Ferrellgas, L.P., I will promptly return the Products to Ferrellgas, L.P. Shipping costs/returns will be at the cost of Ferrellgas, L.P., unless otherwise specified by Ferrellgas, L.P.
8. CONFIDENTIALITY; EXCLUSIVITY. I will keep all information about the Research (including information relating to the Products) strictly confidential. I will not use any information about the Products or the Research for any purposes, other than as necessary to participate in the Research, or disclose such information to any party other than Ferrellgas, L.P. In order to keep the Product features and functions confidential, I will not allow any person to handle, wear, or use Products or to sketch, photograph, or create written descriptions of the Products, or otherwise preserve or disseminate, including via the Internet or other electronic forms of dissemination, any information of any kind about the Products or the Research, except that, at Ferrellgas, L.P.’s request. I will permanently delete any electronic copies of such information that may have existed on any computer or other device. All experimental testing methods, product prototypes, and information pertaining to such methods and products are trade secrets, I will not test related products, participate in any focus group, or provide product-related input to, any other company that designs, manufactures, markets, distributes, or sells propane, patio or grilling accessories. I will not use and communicate any pictures, drawings, descriptions, reviews or any other information about the Products on social media, traditional media or any other form of communication.
9. ELIGIBILITY. I was invited to participate in this Research through the Ferrellgas propane reminder email database, website, social media, or other means. To participate, consumers must have past experience with purchasing and/or using products within the product categories Ferrellgas, L.P. deems appropriate. Participants must have access to and ability to use standard computer hardware/software (computer, internet, phone and camera with video functions) and must possess certain demographics which Ferrellgas, L.P. deems appropriate. Participants must be willing to share demographic information about themselves and their purchase habits. Ferrellgas, will not share personal information such as name, address, and other contact information. Participants must complete at least one comprehensive and relative survey within a 12-month period to remain in the program.
10. ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS. I understand that my participation in the Research will not give me any rights whatsoever in the product or products that may be developed as a result of the study. Accordingly, I hereby grant to Ferrellgas, L.P. all right, title and interest in and to any comments, feedback, or ideas I submit to Ferrellgas, L.P. or share with Ferrellgas, L.P.in connection with the Research and I assign to Ferrellgas, L.P. all right, title and interest I may have or may develop to ideas or inventions that are created in connection with the Research, even if based on my comments, feedback or ideas.
11. ARBITRATION AND CLASS WAIVER. Any dispute arising under these terms (including any dispute between me and any of the Released Parties, as defined above) shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, but not its Procedures for Large, Complex Commercial Disputes. The hearing shall be conducted in the capital city of my home state, or any other convenient venue agreed by the parties. The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
12. MISCELLANEOUS. Delaware law will govern these terms. If any court, arbitrator, or arbitration panel finds any provision of these terms to be invalid or otherwise unenforceable, that provision will be void to the extent it is contrary to applicable law. However, that finding will not affect the validity of any other provision, and the rest will remain in full force and effect. These terms supersede any oral or written statements made by or to me in connection with the Research. I can withdraw from Research at any time, but I cannot terminate, cancel, or revoke these terms for any reason. I am not a joint venturer or partner of Ferrellgas, L.P. I understand that my participation in Research and/or my receipt of gifts related to Research does not form a contractual relationship between Ferrellgas, L.P. and me. These terms constitute my entire understanding of my rights, risks and obligations and supersedes all prior and contemporaneous oral and written agreements between me and Ferrellgas, L.P. with respect to the subject matter. These terms may not be modified except by an agreement that specifically refers to the provision or provisions to be amended and that is signed by an authorized representative of Ferrellgas, L.P.