Influencer’s relationship with Benchmark Tool & Supply is that of an independent contractor and Influencer agrees that as an independent contractor, it will not be considered an employee of Benchmark Tool & Supply for any purpose, including tax obligations, and will not be eligible to participate in any of Benchmark's medical, benefit or health plans.

Influencer hereby agrees, for Influencer and Influencer’s heirs, executors and administrators, to release, waive, discharge, absolve, agree to hold harmless, and covenants not to sue, Benchmark and its agents, employees, officers, directors, successors and assigns (collectively, “Released Parties”), from and/or in relation to any and all liability, loss, harm, damage, injury, cost or expense whatsoever resulting from the use of Influencer’s Benchmark-Related Content or which Influencer, his/her heirs, executors, administrators and assigns had, now have or hereafter may have, by reason of any matter connected in any way with the Released Parties’ exercise of their express or implied rights hereunder, including but not limited to the right to use Influencer’s name, voice or likeness, it being understood that the Released Parties shall be free to use Influencer’s name, voice and likeness in any manner in connection with the Benchmark-Related Content or otherwise in support of the purposes of these Terms. Sugarfina shall not be liable for any indirect, consequential, exemplary damages (including but not limited to lost profits) and the combined, aggregate liability of Benchmark hereunder shall not exceed the fees payable to Influencer under these Terms.