I grant full permission to the Charlotte Hornets, Spectrum Center, the National Basketball Association and its Member Teams, NBA Properties, Inc. and their respective parents, subsidiaries, affiliates, directors, officers, governors, employees and agents (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, statements or other record of the Performance (or any part or parts of my Performance) in any and all media, whether now known or hereafter developed, worldwide and in perpetuity, and I represent and warrant that no further permission is required for the NBA Parties to use the Performance as provided herein.
I further represent and warrant that: (i) I have the right to conduct the Performance and that the Performance will not reflect badly on the NBA Parties, and (ii) I have full authority to execute this Release and do so with full knowledge of the facts and circumstances surrounding the Performance and the rights that I am granting herein.
I acknowledge that I have read and fully understand the foregoing.
ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT (THIS “AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of being permitted to enter and remain at arenas hosting National Basketball Association (“NBA”), Women’s National Basketball Association (“WNBA”), NBA G League (“NBA G League”), NBA 2K League (“NBA 2K League”) or USA Basketball (“USAB”) (collectively, “League”) games (or such other locations determined by the League at which I will perform services and any hotels or other living or working accommodations arranged by or on behalf of any of the Released Parties (as defined below) for my utilization in connection with my services) (individually and collectively, the “Event Site”), for the purpose of providing services in connection with the playing of League games and/or other League-related exhibitions, events, contests, film/photo shoots and/or other activities, including, but not limited to, any applicable travel, living and working arrangements (collectively, the “Event”), I, on behalf of myself and my heirs, assigns, executors, administrators, next of kin and other persons acting or purporting to act on my or their behalf (collectively, “Related Persons”), hereby acknowledge and agree as follows:
Acknowledgments of COVID-19 and Other Risks. I fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented from time to time by NBA Properties, Inc. (“NBAP”), the NBA, WNBA Enterprises, LLC (“WNBAE”), the WNBA, NBA Development League, LLC (“NBADL”), the NBA G League, NBA 2K League, LLC (“NBA2KL”), the NBA 2K League, USAB, and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Event Site Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. I fully understand and knowingly and voluntarily assume all risks related to traveling to and from, living at or near and providing services in the Event Site, which may include an increased risk of exposure to illness (including, without limitation, COVID-19), personal injury, disability, other short-term or long-term health effects and/or death, which might result not only from my own actions, inactions or negligence, but from the actions, inactions or negligence of any of the Released Parties (as defined below). I accept personal responsibility for any and all damages, liability, and other losses that I or any of my Related Persons may incur in connection with the foregoing risks.
Release, Waiver of Liability, and Covenant Not to Sue. (A) I, on behalf of myself and each of my Related Persons, hereby KNOWINGLY, voluntarily and irrevocably and forever release, waive and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to) any and all claims, suits, causes of action and claims for damages, whether past, present or future, and whether known or unknown, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR IN CONNECTION WITH MY DEATH, PERSONAL INJURY, SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), DISABILITY, SUFFERING OF SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY, which I or any of my Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) my exposure to COVID-19; (ii) my provision of services for the Event; (iii) my travel to OR FROM or presence within OR AROUND the EVENT SITE or compliance with any EVENT SITE Protocols; or (iv) any of the risks identified above in Section 1, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
(B) For the purposes hereof, the “Released Parties” are: (i) the NBA and its member teams, nbap, WNBAE, THE WNBA AND ITS TEAMS, NBADL, THE NBA G LEAGUE AND ITS TEAMS, NBA2KL, THE NBA 2K LEAGUE AND ITS TEAMS, USAB, and each of their respective affiliates, administrators, designees, licensees, agents, players, coaches, owners, officers, directors, employees, contractors and other personnel (collectively, the “NBA Parties”); (ii) THE Event SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL ARENAS, hotels and OTHER venues THEREIN (including the owners, lessees and sublessees thereof), sponsors, contractors and other vendors; (iii) other third parties present at or from time to time brought to the EVENT Site (including, without limitation, media and medical personnel); and (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future and whether in their institutional or personal capacities.
Governing Law. I agree that this Agreement shall be governed by the laws of the State of North Carolina, without regard to choice of law principles.
Arbitration Agreement. I agree that (a) any current or future claim, action or proceeding between me and any of the Released Parties arising out of or relating to this Agreement, or my presence at the Event Site or work at the Event (collectively, the “Claims”), must be submitted for confidential, final and binding arbitration to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to the Federal Arbitration Act (“FAA”), (b) the FAA is applicable because the NBA Parties are engaged in transactions involving interstate commerce with respect to the Event, (c) the arbitration shall proceed before a single arbitrator, (d) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, (e) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated exclusively to the arbitrator selected pursuant to this provision, (f) the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law; (g) judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (h) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (i) any arbitration conducted pursuant to this Agreement shall take place in Mecklenberg County, North Carolina. In agreeing to submit all disputes for resolution by arbitration, I acknowledge that such agreement is given in exchange for rights or benefits to which I am not otherwise entitled and the more expeditious and confidential resolution of any such dispute.
Class Action Waiver. I agree that all claims described in Section 4 must be pursued on an individual basis only. By signing this Agreement, I hereby waive my right to commence, or be a party to, any class or collective claims against the Released Parties.
Severability. I agree that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable or ineffective, such provision or part thereof shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
Relationship Between the Parties. Nothing in this Agreement or the Event Site Protocols shall be construed to create an employer-employee, principal-agent or independent contractor relationship between any of the NBA Parties or other Released Parties and me. At all times I shall remain responsible for all compensation, benefits and insurance and any other claims I may have arising out of or related to the performance of my services and my entry into and presence at the Event Site.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT; understand its terms, including that I am hereby giving up substantial legal rights; understand that it is a material inducement for my admission to and continued presence at the Event Site and that the NBA Parties and the other Released Parties are relying upon it; and further agree that no oral representations, statements or inducements contrary to anything contained herein have been made by any of the NBA Parties or other Released Parties.