RELEASE OF LIABILITY AND INDEMNITY AGREEMENT (“Agreement”)

In consideration of Dick's Sporting Goods, Inc., its subsidiaries, affiliates, assignees, licensees, vendors and agents (collectively “Dick’s”) and Binghamton University (hereinafter the “DICK’S Entities”) permitting me or my minor child to participate in the “COACHING HER FUTURE” activities at Binghamton University (the “Events”), I, the undersigned, for myself/child and my heirs, executor, successors and assigns, do hereby give my permission for my or my minor child’s participation in the Events and do hereby agree to the following conditions:

I grant the DICK’S Entities the absolute right and permission to use my name, address, image, likeness, voice, and opinions obtained during the Events (collectively, the “Materials”) in any and all media, including but not limited to digital and social media, for illustration, art, editorial, trade, advertising and/or promotional purposes, or to refrain from doing so. This right shall extend worldwide for all advertising and/or promotional purposes without notice to me and without further compensation.

I agree that all photographs, videotape, film and recordings (including but not limited to digital video recordings) of me used and taken by the DICK’S Entities during the Events are owned by Dick’s and that they may contain copyright material. If I should receive any print, negative or other copy thereof, I shall not authorize its use by anyone else.

I understand that I shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the Materials.

I further agree that the Events may include participation by me or my minor child in activities and demonstrations that are potentially very dangerous activities which involve risks, inherent and otherwise, known or unknown, that cannot be eliminated. I understand that these activities undertaken during the Events may cause injury, illness, paralysis or death to myself, my minor child, other persons, and/or damage to property. I further understand that negligence of the DICK’S Entities or other risks associated with the Events may cause injury, illness, paralysis or death to myself, my minor child, other persons, and/or damage to property. Some of the risks associated with the Events include, but are not limited to falls, equipment failure, collisions, impacts, and known or unknown medical conditions. I assume full and sole responsibility for all risks, both known and unknown, inherent or otherwise, related to the Events. Further, I am voluntarily participating in the Events with knowledge of the risks.

Student-Athletes: If I am a student-athlete at the high-school or collegiate level, I acknowledge and agree that, (i) I am responsible for my own high-school eligibility, collegiate eligibility and/or amateur standing, (ii) I am aware of, and agree to comply with, all rules, regulations, and bylaws of my state association and of any national federation responsible for administering or regulating interscholastic athletics, and of my educational institution, conference, the NCAA or other regulatory authority, that may be applicable to my participation in the Project, (iii) I understand the consequences of any failure to comply with such rules, including but not limited to, loss of my eligibility to participate in future athletic contests in any sport at the high school, collegiate or other level, and (iv) I waive any right to inspect and/or approve the Materials that may be used in connection with my Identity or the use to which said Materials may be applied.

I further authorize the Dick’s Group (as hereinafter defined) and Binghamton University to secure any and all emergency medical treatment for me and/or my minor child in the event I am unresponsive or I cannot be contacted. I also agree to pay all the costs and fees for any emergency medical care and treatment for me and/or my minor child as secured or authorized under this consent.

WITH FULL UNDERSTANDING OF MY RIGHTS, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE DICK’S, ITS PARENT COMPANY, SUBSIDIARIES, AND AFFILIATES AND EACH OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES AND EACH OF THEM AND/OR ANYONE ASSOCIATED IN ANY WAY WITH MY/MY MINOR CHILD’S PARTICIPATION IN THE EVENTS (HEREINAFTER INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS THE "DICK’S GROUP") AND BINGHAMTON UNIVERSITY FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, ACTIONS, SUITS, PROCEEDINGS, PRODUCT LIABILITY ACTIONS, WARRANTY ACTIONS, BREACH OF CONTRACT ACTIONS, EXPENSES, ATTORNEY FEES AND LIABILITY (“CLAIMS”), THAT I, ANYONE ON MY BEHALF, MY HEIRS OR NEXT OF KIN MIGHT HAVE A R I S I N G O U T O F O R R E L A T E D TO ( i ) ANY INJURY TO MY PERSON/CHILD OR PROPERTY SUFFERED OR CLAIMED TO HAVE BEEN SUFFERED BY ME OR MY MINOR CHILD WHICH ARISES OUT OF OR IS RELATED IN ANY MANNER TO MY/MY MINOR CHILD’S PARTICIPATION IN THE EVENTS OR THE USE OF ANY EQUIPMENT OR FACILITIES DURING THE EVENTS, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT THE ACT OR OMISSION COMPLAINED OF WAS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE IN ANY FORM OF THE DICK’S GROUP OR BINGHAMTON UNIVERSITY AND/OR (ii) THE USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS FOR LIBEL OR INVASION OF PRIVACY. I UNDERSTAND AND AGREE THAT THIS IS A COMPLETE RELEASE AND DISCHARGE OF ALL CLAIMS AND RIGHTS I, ON BEHALF OF MYSELF AND/OR MY MINOR CHILD MAY HAVE AGAINST DICK’S GROUP AND THAT NO ACTION WILL BE TAKEN BY OR ON BEHALF OF ME OR MY MINOR CHILD WITH RESPECT TO ANY SUCH RIGHTS. I UNDERSTAND THAT THIS RELEASE SHALL BE BINDING UPON MY HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS.

I, on behalf of myself and/or my minor child, further agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND in any action or proceeding, the Dick’s Group and Binghamton University from and against all Claims for or relating to my/my minor child’s participation in the Events, my use of any equipment or facilities during the Events, or for my or my minor child’s failure to comply with the terms of this Agreement, regardless of whether the act or omission complained was caused in whole or in part by the negligence in any form of the Dick’s Group or Binghamton University.

This document is governed by the laws of the Commonwealth of Pennsylvania. If one or more portions of this document are found unenforceable, the remainder of the document will remain enforceable. If I am a minor, my parent or guardian is signing individually and on my behalf and we both agree to be bound by the terms of this agreement.

I have read and fully understand this Release of Liability and Indemnity Agreement and agree to be bound by its terms. I, on behalf of myself and/or my minor child, release and discharge the Dick’s Group and Binghamton University from any and all claims and demands arising out of or in connection with (i) the use of the Materials, including without limitation any and all claims for libel or invasion of privacy, or (ii) my eligibility or my minor child’s eligibility to participate in organized athletics. I understand and agree that this is a complete release and discharge of all claims and rights I may have against the Dick’s Group and Binghamton University and that no action will be taken by or on behalf of me or my minor child with respect to any such rights. I understand that this release shall be binding upon my heirs, executors, successors, and assigns. I understand that by signing this document. I may be waiving certain legal rights, including the right to sue the Dick’s Group and Binghamton University. I sign this document freely and willingly.

READ! YOU ARE GIVING UP SUBSTANTIAL RIGHTS!

Today's date: November 21, 2024