For purposes of this PARTICIPATION RELEASE, “Company” means Hornets Basketball, LLC, “NBA Parties” means the Company, Charlotte Hornets Foundation, Inc., Hornets Basketball Holdings, LLC, Charlotte Arena Operations, LLC, the National Basketball Association and its Member Teams, NBA Properties, Inc. and their respective parents, subsidiaries, affiliates, directors, officers, governors, employees and agents. In consideration of the opportunity to participate in event listed below (the “Event”), I, the undersigned, on behalf of myself as a participant or as the guardian of a participating minor, acknowledge and agree as follows:
Assumption of Risk. Participation in, or attendance at, the Event involves inherent risks and dangers of accidents, personal and bodily injury (including death), property loss or damage, or exposure to viruses, communicable diseases or other contagion that may cause respiratory illness (including disability and/or death). Specifically, it may be possible that I can become exposed to COVID-19 by touching a surface or object that has SARS-CoV-2 on it and then touching my mouth, nose or eyes. These may result from my own actions or inactions, as well as the actions or inactions of others, the rules of play, and the condition of the facilities and equipment. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I have considered the nature and extent of the risks involved, and I voluntarily choose to assume all such risks, both known or unknown, even those risks that result from the negligence of the NBA Parties or others and assume full responsibility for my participation in the Event. I consent to treatment if an emergency or other incident occurs in which, in the reasonable judgment of the on-site personnel, I require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the NBA Parties from any costs or claims arising from such medical care.
Release from Liability. I, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Company and the affiliates and subsidiaries of the Company, their respective officers, directors, equity holders, employees, agents, representatives, contractors, successors, assigns, and insurers, all Event volunteers, staff, the NBA Parties and all owners or lessors or premises used in connection with the Event (collectively, the “Released Parties”) from any and all claims or causes of action I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property relating in any way to the Event, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.
Authorization to Record and to Use Recordings and Name. I hereby grant full permission to the NBA Parties (and their respective licensees, sponsors and designees) by any means (whether now known or hereinafter developed) to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, and to license others to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, for any purpose, in any manner, without further notification, authorization or compensation to me or anyone on my behalf, my name and likeness, and any photographs, videotapes, motion pictures, recordings, or other record of the Event (or any part or parts thereof) in any and all media, whether now known or hereafter to become known, worldwide and in perpetuity. I hereby represent that it is not necessary for the NBA Parties to obtain permission from, or to pay, any third party in connection with the rights granted in this paragraph.
Confidentiality. I understand that, during the Event, I may be exposed to ideas, designs, discoveries, inventions, and trade secrets, including footwear, apparel and equipment designs under development, fabrication processes, innovative materials, drawings, business and marketing plans, sales data and research (the “Confidential Information”). I agree that all of the Confidential Information is and shall remain the property of the Company and as such may not be disclosed, used, copied or distributed to third parties, without the express prior written consent of the Company. My obligations of non-disclosure with respect to the Confidential Information shall remain in effect for five (5) years from the date I gain access, so long as such information has not entered into the public domain.
Decorum. I hereby acknowledge and agree that my participation in, and access to, the Event is personal to me and may not be transferred to any third party without Company’s express written consent and, further, my access may be revoked or declined if my conduct or appearance is deemed by Company, in its sole discretion, to be contrary to: (i) its rules, policies or best interests, or those of the NBA, (ii) generally-accepted community standards of good taste, or (iii) any applicable laws, ordinances or other public regulations. Such requirements will not be unreasonably imposed, and the foregoing approvals and requirements will be consistently given and imposed on all participants.
No Insurance. I acknowledge that the Company has not arranged for, nor carries, any insurance of any kind for my benefit and that I am solely responsible for obtaining and paying for any health, life, travel, accident, property or other insurance relative to my injuries or any other loss I may sustain while participating in the Event.
I, the undersigned, hereby acknowledge that I have read this Participation Release, fully understand and agree to its terms, and understand that I am giving up substantial rights by signing it. I further acknowledge that I sign this Participation Release freely and voluntarily, without any inducement or coercion.
I have read this Participation Release, fully understand and agree to its terms, and understand that I am giving up substantial rights by signing it. I sign this Participation Release freely and voluntarily, without any inducement or coercion.
Today's Date: November 30, 2021