XIV. MISCELLANEOUS PROVISIONS
A. Amendments and Waivers.
Any term of this Agreement may be amended or waived only with the written consent of This Naked Mind.
B. Sole Agreement.
This Agreement, including the Exhibits hereto, constitutes the sole agreement of the parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof.
C. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon delivery, when delivered personally or by overnight courier or sent by email or fax (upon customary confirmation of receipt), or forty-eight (48) hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid, addressed to the party to be notified at such party’s address or fax number as set forth on the signature page or as subsequently modified by written notice.
D. Choice of Law.
The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Colorado, without giving effect to the principles of conflict of laws.
This Agreement shall constitute the entire agreement between you and This Naked Mind. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and This Naked Mind’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
G. COVID-19 WAIVER. YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, THIS NAKED MIND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ALL LIABILITY TO YOU AND ALL PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN OF YOU, FOR ANY LOSS, LIABILITY, DAMAGE, CLAIM, ILLNESS OR DEATH THEREOF, OF YOU, RELATED TO EXPOSURE TO THE NOVEL CORONAVIRUS ("COVID-19") OR ANY OTHER VIRUS.
H. Advice of Counsel.
EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL, AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.