For purposes of this "Participant Waiver and Release" document, "Event" means the event name, venue, and date set forth above, any and all transportation to, from and between Event locations, all product testing at the Events, and all other activities related to the Event and to my participation in the Event. In consideration of the opportunity to participate in the Event, I, the undersigned participant, acknowledge and agree that:
- ASSUMPTION OF RISK Participation in or attendance at the Event involves inherent risks and dangers of accidents, personal and bodily injury(including death) and property loss or damage. 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 and unknown, even those risks that result from the negligence of the Released Parties (defined below or others and assume full responsibility for my participation in the Event. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgement 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 released Parties from any costs or claims arising from such medical care.
- EQUIPMENT AND FACILITIES INSPECTION I agree that before I participate in any portion of the Event, I will inspect the related facilities and equipment, and will immediately advise the supervisor of the Event of any unsafe condition that I observe. I will refuse to participate in the Event until all unsafe conditions observed by me have been remedied.
- RELEASE FROM LIABILITY I, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby fully and forever released and discharge CREATED PLAYER, LLC and their respective affiliates, and each of their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, successors, assigns, and insurers, all Event administrators, sponsors, advertisers, volunteers, and state, and all owners or lessors of 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 the Released Parties or otherwise, to the fullest extent permitted by law.
- AUTHORIZATION TO RECORD AND TO USE RECORDINGS AND NAME I hereby grant to CREATED PLAYER, LLC and their respective affiliates, subsidiaries, successors, assigns and licenses (collectively the "Distributors") permission to film, photograph, video record and otherwise record my image, voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, or any other aspect of the recording at the Event (collectively the "Recording") and the right, throughout the world, in perpetuity, to register for copyright, to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), in all media and in any manner now known or hereafter developed, in connection with the Event or otherwise without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or edition of the Recording or my name. The Distributors shall have no obligation to use any of the right I grant. I represent that it is not necessary for the Distributors to obtain permission from or to pay any third party in connection with the rights granted in this paragraph. By signing this agreement, I also agree to allow CREATED PLAYER, LLC by themselves or through their agents representatives, contractors or designates to share my personal information, Event results and other information with media sources and outlets (for publication), unless I (or my parent or guardian) opt-out at the bottom of this form.
- LICENSE TO USE COMMENTS, FEEDBACK, AND IDEAS I hereby grant to the Distributors a perpetual license to use all comments, feedback and ideas I may share with them, without notice, compensation or acknowledgement to me, for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
- 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 about biomechanics and exercise physiology. I agree that all of CREATED PLAYER's files, data, and information are and shall remain the property of CREATED PLAYER, LLC and as such may not be used, or copied or distributed to third parties without the express prior written consent of CREATED PLAYER, LLC. My obligations or non-disclosure with respect to CREATED PLAYER'S proprietary information shall remain in effect for five years from the date I gain access, so long as such information has not entered into the public domain.
- ARBITRATION In the event of any dispute between me and say any of the Released Parties (defined above), such dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (but not its Procedures for Large, Complex Commercial Disputes). The decision of the arbitrator shall be final and binding upon all parties and judgement upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.
I am the parent of legal guardian of the above-named participant, and I agree that the participant may take part in the Event. I have read this Participant Waiver and Release, fully understand and agree to its terms, and understand that I am giving up substantial rights by signing it. I sign this Participant Waiver and Release freely and voluntarily, without any inducement or coercion. On behalf of the participant, I hereby irrevocably and unconditionally (1) agree to all of the terms of this Participant Waiver and Release, and (2) authorize CREATED PLAYER, LLC and their respective designates to arrange for any necessary medical treatment for Participant. I also, for myself and on behalf of my heirs, estate insurers, successors and assigns, hereby fully and forever release and discharge the Released Parties (defined above) 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, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.