DENSO Manufacturing Tennessee, Inc.
Visitor Agreement
The undersigned (hereinafter VISITOR), in consideration of receiving or being given access to information or being allowed to view manufacturing or other activities related to DENSO Manufacturing Tennessee, Inc. (hereinafter DENSO) hereby agrees that:
VISITOR voluntarily assumes all risk of damage to his/her person and property (including personal injury or death) resulting from any and all occurrences while the VISITOR is on DENSO property and VISITOR, for them, heirs, executors, administrators and personal representatives, hereby releases and discharges DENSO, its employees, management personnel, insurance carriers and agents, DENSO International America, Inc., and DENSO Japan from every claim, liability or demand of any kind for or on account of injury to or death of VISITOR, whether caused by negligence of DENSO, its employees, management personnel or agents or otherwise, resulting from occurrences while VISITOR is on DENSO property. VISITOR, for them, heirs, executors, administrators and personal representatives, hereby agrees to indemnify and save harmless DENSO from any and all damages, loss, causes of action, costs and expenses (including attorney’s fees) arising out of personal injury to or death of VISITOR resulting from an occurrence during VISITOR’s presence on the premises of DENSO, whether caused by negligence of DENSO, its employees or agents or otherwise, whether the claim is that of the VISITOR, their executor, administrator or personal representative, or of a third party or parties.
VISITOR agrees that all costs, including reasonable legal fees, incurred by DENSO in successfully enforcing any of its rights under this agreement shall be reimbursed to it by the VISITOR.
DENSO has developed certain technological data, designs and information, including reports on test and experiments, drawings, manuals, know-how and improvements relating to automotive parts production operations which are proprietary and confidential. The undersigned, without the express permission of DENSO, will not disclose to any other or copy or otherwise duplicate or reproduce any such technological data, designs and information, including reports on tests and experiments, drawings, manuals, know-how, and improvements relating to said operations.
The undersigned will not, without the written permission of the DENSO HR Vice-President, use any technological data, designs and information including reports on tests and experiments, drawings, manuals, know-how, and improvements relating to said operations obtained from DENSO without DENSO’s prior written consent other than in the performance of assigned duties in connection with DENSO. The undersigned also acknowledges DENSO’s right to periodically conduct random baggage inspection.
The undersigned acknowledges that the damage, whether financial or otherwise, to the business of DENSO would be irreparable if the undersigned violated the covenant set forth in this agreement and that damages for violation of such restrictions would not be an adequate remedy.
The undersigned agrees that DENSO shall be entitled to an injunction against VISITOR if they violated or threatens to violate the terms of this agreement, in addition to any other remedy at law or equity available to DENSO under this agreement or under any applicable law. The undersigned also agrees to pay DENSO liquidated damages for breach of this agreement. DENSO will determine the amount of liquidated damages due DENSO by VISITOR.
VISITOR agrees that any litigation, action, or proceeding arising out of or relating to this agreement shall be instituted in Blount County, Tennessee, and the parties hereto expressly waive any objection which they may have to the venue of such litigation, action, or proceeding and irrevocably submit to the jurisdiction of Circuit or Chancery Court of Blount County, Tennessee.
VISITOR agrees to submit to arbitration in accordance with the Tennessee Uniform Arbitration Act to resolve any disputes arising out of or related to this agreement. Arbitration will be conducted in Maryville, Tennessee. The arbitration will be binding.
No videos or photographs will be allowed without prior written consent.
VISITOR grants DENSO and its and their respective subsidiaries and affiliates the irrevocable right to use, without limitation, my name, picture, portrait, photograph, video footage and/or voice in all forms and media and in all manners, for advertising, trade, or any other lawful purpose, whether domestically or abroad. VISITOR waives any right to inspect or approve the finished version(s), including, without limitation, written copy that may be created in connection herewith.
VISITOR releases DENSO and its directors, officers, employees, agents and representatives from any and all claims for damages, libel, slander, invasion of privacy or any other claim based on the use of the above-described material(s) whether in domestic or foreign markets. I have read, understand and agree to the conditions of this release, and sign it of my own free act on the date set forth below.