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This Event may involve serious risk of injury. I understand that by signing this form, I am giving up the right to sue if I am injured while participating in this Event. Parents/Guardians of minors under 18 must sign this Release and the attached Parental Consent.


As lawful consideration for being permitted by Red Bull New York, Inc. and/or any of its affiliated entities, including, without limitation, Red Bull Arena, Inc. (collectively, “Red Bull”) to participate in and/or attend (“Participate”) the NJ/NY Gotham FC match held during the 2023 season at Red Bull Arena together with all ancillary and related activities, the “Event”), I agree to this Assumption of Risk, Release and Liability Waiver (“Release”) as follows: 

 

1. I Understand And Assume All Risk Involved In Participating In The Event. I am years old and have knowledge of what the Event involves. I understand that the Event and related activities may be physically and mentally intense.I understand and accept that Participating in the Event may involve dangerous activities, the danger of encountering known and unknown risks, and significant risk of SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property and/or DEATH (“Injuries”). I represent that I am physically fit, in good health, and have no physical or mental problems that might prevent me from safely participating in the Event, and I am sufficiently trained and experienced enough to understand the risks involved in the Event. I accept and assume full responsibility for all risks associated with the Event, from any cause including, without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, inadequate training, failure to supervise and failure to warn of potential risks.I understand that these risks may be caused by Red Bull, other participants, myself, spectators or other third persons.

2. I Understand Red Bull Can Disqualify And/Or Restrict My Participation. I agree to at all times maintain my behavior in accordance with all applicable laws and generally accepted social practices. I agree that Red Bull has the right, in its sole discretion, to at any time disqualify, remove me from or restrict my participation in the Event or any related activities or decline to award me any prize or other benefit: (i) if my behavior is at any point disruptive, may or does cause damage to person, property or the reputation of Red Bull, or violates any applicable laws or policies; (ii) if based on my past behavior, Red Bull determines that I may be disruptive or cause damage to person, property or the reputation of Red Bull; or (iii) for any lawful reason

3.  Liability Waiver, Release And Promise Not To Sue. I, (and, if applicable, my Parent as defined in the attached Parental Consent Form) on behalf of myself and each of my successors, heirs and assigns, unconditionally and irrevocably waive liability, release, promise never to sue, forever discharge and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs (collectively, “Claims”), that I may incur or have against Red Bull, its parents, affiliates, Event production companies, landowners/lessors of the Event locations, hosts, sponsors, advertisers and each of their respective owners, officers, shareholders, directors, employees and agents (“Released Parties”), arising from or related to my participation in the Event, including, without limitation, any Claims arising from or related to: (i) the actions or omissions of any of the Released Parties, other participants, spectators or other third parties; (ii) the inadequacy of any training or supervision; (iii) failure to investigate, keep safe or to warn of hazards known or unknown; (iv) any defect in or failure of the operation, installation, manufacture, and/or design of any equipment, stage sets, or wardrobe; (v) the conditions on or about the Event premises; (vi) the breach of any implied or express warranty and/or representation of any of the Released Parties; (vii) transportation; (viii) weather conditions; (ix) COVID-19 or any other pandemic or epidemic diseases; and/or (x) any other operations associated with the Event, and, with respect to each of the foregoing, whether based on tort (including, without limitation, acts of negligence and gross negligence that may be caused by other participants, myself or other third persons), contract or any other theory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise, and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referred to as the “Released Claims”).

4. Waiver of Unknown Claims. I expressly waive whatever benefits I may have under Section 1542 of the California Civil code (and any equivalent applicable law of the State in which this document is signed) which provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.”  

5. Indemnity. On behalf of myself and each of my successors, heirs, and assigns, I (and, if applicable, my Parent) agree to defend (at Red Bull’s request), indemnify and hold harmless each of the Released Parties from and against any and all Released Claims, and any and all third parties’ Claims, arising from or in connection with: (a) any breach or alleged breach of this Release; (b) my Participation in the Event, including, without limitation: (i) any Injuries to me; (ii) any Injuries to third parties directly or indirectly arising from my Participation in the Event; and (iii) and any other loss or damage that I may directly or indirectly cause to any real or personal property.

6. Consent To Medical Care. I (and, if applicable, my Parent) authorize each of the Released Parties to call for medical care for me or to transport me to a medical facility at my expense if medical attention is needed. I (and, if applicable, my Parent) also authorize any physician or other medical provider or facility to provide any emergency medical/surgical care. I (and, if applicable, my Parent) acknowledge and agree that none of the Released Parties is under any legal obligation to render assistance to me. 

7. Red Bull Owns The Exclusive Right To Use My Name And Likeness From This Event. I irrevocably grant to Red Bull, its affiliates, and each of their licensees, successors and assigns, and each of the authorized photographers acting on their behalf, without additional compensation, the unrestricted right to videotape, film, portray and photograph me and my actions and record my voice and other sound effects while I am present at the Event. I irrevocably grant to Red Bull and its affiliates the exclusive right to use my name, image, likeness, voice and biography for any purpose and in any manner, including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the Event, and any entertainment programming related thereto, in whole or in part, in all media and by all means now known or hereafter devised and in all languages, throughout the universe in perpetuity. My Participation in the Event along with any pictures, video footage or other recordings I may capture while participating in practice for or competition during the Event, including, without limitation, any footage captured with a “POV” camera regardless of its origin (the “Proceeds”) will be deemed a “work-made-for-hire” specially commissioned by Red Bull within the meaning of all applicable laws and, accordingly, Red Bull and its affiliates will be the sole and exclusive owner thereof for all purposes. To the extent necessary to vest all of the rights in the Proceeds in Red Bull and its affiliates, I hereby irrevocably assign to Red Bull and its affiliates all of my right, title and interest of every kind or nature which I may have or hereafter acquire in the Proceeds. If I receive any print, negative, tape or other copy of the Proceeds or the Event, I will retain it for my personal use only, and will not license or authorize its use by anyone else for commercial or private purposes.                    

8. New York Law Applies. This Release, including the Parental Consent, Assumption of Risk, Release Liability Waiver and Guarantee (“Parental Consent”) attached hereto, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to the principles of conflicts or choice of laws. 

9. Arbitration. I (and, if applicable, my Parent) unconditionally and irrevocably agree on behalf of myself and each of my successors, heirs, and assigns that, all disputes arising out of or relating to this Release or to the Claims, including without limitation, all claims based in contract or tort, shall be submitted to arbitration and resolved by a single arbitrator (who shall be a retired judge) in accordance with the Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. In addition, all questions regarding the arbitrability of the dispute, including whether I have agreed to arbitrate the dispute, shall be decided by such arbitration. I acknowledge and understand that by agreeing to resolve any and all such disputes by arbitration, I am giving up and waiving my right to file a lawsuit in court and have such dispute(s) resolved by a judge or a jury. All arbitration shall take place at the JAMS office located in or closest to Harrison, New Jersey. I irrevocably and unconditionally consent to personal jurisdiction in New Jersey and venue in Hudson County, in any action, including without limitation, petitions to compel arbitration and to enforce that arbitration award, concerning a dispute between the parties or relating to this Release. Judgment on the arbitrator's award shall be final and binding, and may be entered in any competent court. 

10. Severability. This Release, including the Parental Consent attached hereto, will be binding to the fullest extent permitted by law, and will be binding upon each of my heirs, successors and assigns. If any provision of this Release, including the Parental Consent attached hereto, be held to be invalid, illegal or unenforceable, such provision will be curtailed and limited only to the minimum extent necessary to comply with applicable law, and the validity, legality, and enforceability of the remaining provisions of this Release will not in any way be affected or impaired thereby.

      I acknowledge and understand that this Release is an important legal document, and by signing this document I am waiving substantial legal rights I may otherwise have to recover damages for Injuries or losses, and sign it voluntarily and without inducement of any nature and intend for it to be enforced to the greatest extent allowed by law. I am 18 years of age or older, or I am less than 18 years of age and I have had the Parental Consent executed by my parent or legal guardian (attached hereto as Exhibit A).


 

Exhibit A

For Parent/Guardian of

Participants Under 18 Years of Age

   

PARENTAL CONSENT, ASSUMPTION OF RISK, RELEASE, LIABILITY WAIVER

AND GUARANTEE

 

I hereby certify that I am the parent and/or legal guardian (“Parent”) of a minor who is years old (“Minor”). In consideration of Minor being permitted to participate in the Red Bull Event, and for me to be a spectator at all Event at which Minor Participates, I, the undersigned on behalf of Minor, myself and my spouse or domestic partner, my heirs, executors, administrators, and assigns and legal representatives, agree to the Parental Consent, Assumption of Risk, Release, Liability Waiver and Guarantee (“Parental Consent”) as follows:

 

1. Consent And Assumption Of Risk.  I understand and accept that Minor's participating in the Event may involve dangerous activities and may involve the danger of encountering known and unknown risks, including the significant risk of SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property and DEATH (collectively,“Injuries”). I hereby consent to Minor's participation in the Event and I hereby, assume, on behalf of Minor, myself and my spouse or domestic partner, full responsibility for all these risks from any cause, including without limitation, the negligence or gross negligence of other participants, myself or other third persons, defective products, unknown obstacles, equipment malfunction, inadequate training, failure supervise and failure to warn of potential risks.

2. Agreement On Behalf Of Minor To Terms Of Release, and Guarantee of Performance. I agree on behalf of Minor to all the terms, conditions, obligations and covenants of the Release. I hereby unconditionally and irrevocably give my unconditional and express consent and approval to the execution by Minor of the Release and acknowledges that Minor and Parent have read, understood and are familiar with each and all of the terms, conditions, obligations and covenants contained in the Release. In addition, I will use my best efforts to cause Minor to adhere to the terms of the Release and guarantee that: (a) Minor will perform all of his or her obligations in accordance with the Release; and (b) neither Parent nor Minor will disaffirm or disavow the Release on the grounds that Minor is a minor or on any other grounds. 

3. Agreement That Terms Of The Release Apply To Me. I agree on behalf of myself and my spouse or domestic partner, that all of the terms, conditions, obligations and covenants of Minor under the Release apply to me and my spouse or domestic partner, even if we have not signed the Release. 

4. Additional Release. In addition to the Claims released in Section 4 of the Release, I, on behalf of myself and my spouse or domestic partner, release all Claims which we may have for emotional distress, loss of companionship, or loss of consortium in the event Minor suffers an Injury.

5. Indemnity. On behalf of Parent and each of the respective successors, heirs, and assigns of Parent and Minor, I unconditionally and irrevocably agree to defend (at Red Bull’s request), indemnify and hold harmless each of the Released Parties from and against any and all Claims, including, without limitation, any Claims claimed by any successors, heirs, or assigns of Parent or Minor, arising from or in connection with: (a) the breach or disaffirmation of this Release or any portion thereof by Minor or Parent for any reason; (b) the enforcement of this Release against Minor or Parent; and/or (c) Minor’s Participation in the Event, to the fullest extent permitted by law in every instance.

6. Arbitration. The arbitration provision of Section 10 of the Release also applies to all disputes arising out of or relating to this Parental Consent.

7. Parent's Joint Liability. If more than one person executes this Parental Consent, the word “Parent” whenever and wherever used herein shall be deemed to refer to each such person individually and all such persons jointly, it being understood and agreed that all such persons assume and shall be jointly and severally liable for all agreements, covenants, representations, warranties, and obligations hereunder, and the breach or failure of any agreement, covenant, representation, warranty, or obligation contained herein shall be deemed a breach by each and all of such persons.

8. Severability. This Release, including the Parental Consent attached hereto, will be binding to the fullest extent permitted by law, and will be binding upon each of my heirs, successors and assigns. If any provision of this Release, including the Parental Consent attached hereto, be held to be invalid, illegal or unenforceable, such provision will be curtailed and limited only to the minimum extent necessary to comply with applicable law, and the validity, legality, and enforceability of the remaining provisions of this Release will not in any way be affected or impaired thereby.



I fully understand that by signing this Parental Consent, I give up substantial legal rights I and/or Minor may otherwise have to recover damages for Injuries or losses, and sign it voluntarily and without inducement of any nature and intend for it to be enforced to the greatest extent allowed by law.

 

Today's Date: September 12, 2024

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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