Loading...

Orlando Magic Innovation Challenge IP Agreement and Waiver

INTELLECTUAL PROPERTY AND CONFIDENTIALITY AGREEMENT

I represent and warrant that any information, element, database, solution, copyright, intellectual property, intellectual property rights, any other rights and materials (the “Innovation Materials”) used in Orlando Magic Innovation Challenge (the “Challenge”) is owned or otherwise legally possessed by me or a member of my team. I represent and warrant that there are no contractual or other obligations (including obligations associated with your employment) that would (i) prevent me from granting the licenses provided under this agreement and (ii) prevent me from claiming intellectual property ownership rights in materials or inventions created by me and incorporated into my Submission (as hereinafter defined). I agree to and hereby provide the Orlando Magic a paid-up, unlimited, royalty-free, perpetual, non-exclusive, worldwide license for noncommercial use of the submission created during the Challenge, including all Innovation Materials and related rights thereof (the (“Submission”), and further agree to provide the Orlando Magic with the first right of refusal to negotiate in good faith for a license for commercial use of the Submission.

I acknowledge that the Orlando Magic and their affiliates, partners, and licensors, currently and in the future, may be developing software, techniques, ideas, products or services that may be similar to my Submission or other materials created or shared by me in connection with the Challenge. Further, my participation in the Challenge, and my sharing of my Submission, including any Innovation Materials shall not create any express or implied agreement or obligation that would in any way limit or preclude the Orlando Magic or their affiliates from developing, having developed, creating, acquiring, using, licensing, distributing or otherwise exploiting products, content or services that are similar or identical to those Innovation Materials, or otherwise place the Orlando Magic or their affiliates in any different position from any other member of the public with respect to those Innovation Materials. I agree that the Innovation Materials are submitted on a non-confidential basis (and shall not be considered “Confidential Information” for the purposes of this Agreement, as herein after defined), and that the Orlando Magic and their affiliates shall have no obligation to not disclose or otherwise treat as confidential such Innovation Materials.

All plans, drawings, images, logos, artwork, proposals, outlines, strategy summaries, business plans and models, business information (written or oral), customer information, contracts, financial statements (actual and pro forma), manuals, data, analyses, research, reports, charts, graphs, diagrams, compilations, studies, discussions, and other documentation, in any form, provided by or utilized as part of the Innovation Challenge (the “Confidential Information”) is confidential information intended solely for use in connection with the Innovation Challenge. I will (i) hold the Confidential Information in confidence, (ii) not make use of the Confidential Information to the detriment of the Orlando Magic and/or any of its affiliates, and (iii) except as otherwise permitted by this Agreement, not otherwise make any use of any of the Confidential Information or distribute, communicate, publish, broadcast, or otherwise disclose any of the Confidential Information to any other person or entity, by any means whatsoever, whether orally, electronically or in writing, without the express prior written consent of the Orlando Magic.

I acknowledge that no title to or ownership of Orlando Magic intellectual property is granted (expressed or implied) or otherwise transfer to me or my team or any other entity or persons under this Agreement. I agree to cooperate with the Orlando Magic to maintain Orlando Magic’s ownership of the Orlando Magic IP, and agree to promptly provide notice of any claims relating to the foregoing.

I hereby waive any and all claims that I may have against the Orlando Magic, or anyone organizing, judging or associated with the Innovation Challenge. I agree that Orlando Magic is not responsible for any unauthorized use of the Submission, in whole or in party, by any third party. 


READ CAREFULLY – THIS IS A WAIVER AND RELEASE OF LIABILITY

I and/or my minor child desire(s) to voluntarily participate in physical activities and/or a performance in conjunction with the Orlando Magic Innovation Challenge event taking place at CNL Tower II (the “Event”). I and/or my minor child have/has no existing medical condition and I have no knowledge of any condition in my and/or my minor child’s medical history that would prevent me/us from participating fully in physical activity in conjunction with the Event. I hereby certify that I and/or my minor child am/are in good physical condition and am/are able to participate in the Event without causing physical injury to myself/ourselves and/or others.

In consideration for allowing me and/or my minor child to participate in the Event, I hereby agree to release, waive, covenant not to sue, and forever discharge Orlando Magic, Ltd, Orlando Events Center Enterprises, LLC, Orlando Magic Youth Foundation, Inc., Informulate LLC dba HyperValidation (“HyperValidation”), the National Basketball Association and its Member Teams, NBA Properties, Inc. NBA Entertainment, Inc., the City of Orlando, and each of their respective officers, employees, agents, successors, parents, affiliates, subsidiaries, sponsors, advertising and merchandising agencies, licensees, and assigns (collectively, the “Releasees”) from all liability to me and or/my minor child, my/our personal representatives, heirs, assigns and next of kin for any and all injury, damages, accident, or death which may occur to me and/or my minor child during my or my child’s participation in the Event, including any liability which is attributable to the negligence of the Releasees, or otherwise. I understand an inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the CDC, senior citizens and people with underlying medical conditions are especially vulnerable. I understand the Releasees cannot guarantee I and/or my minor child will not be exposed during the Event. By participating in the Event, I and/or my minor child expressly assume all risk of exposure to COVID-19 and injury (including, without limitation, permanent disability and death) relating to or arising out of my and/or my minor child’s participation, howsoever caused or arising and whether by negligence or otherwise, and accept personal responsibility for the damages following any such injury, permanent disability, or death. 

Further, I hereby consent and grant permission to Orlando Magic, Ltd., Orlando Events Center Enterprises, LLC, Orlando Magic Youth Foundation, Inc., Hypervalidation, the National Basketball Association and its Member Teams, NBA Properties, Inc., NBA Entertainment, Inc., and each of their respective officers, employees, agents, successors, parents, affiliates, subsidiaries, sponsors, advertising and merchandising agencies, licensees, and assigns (hereinafter the “Magic”) to use my and/or my child’s name(s), photograph(s) and/or video(s) of me and/or those of my minor child, worldwide and in perpetuity, for any purpose, by any means and in any medium, whether now known or hereinafter developed. I understand that I shall not have any right to review or approve of any material within which my or my minor child’s (if applicable) photograph and/or video may appear and I understand that the Magic may use such photographs or video with or without associating names thereto. I further waive any claim for compensation of any kind for the Magic’s use and/or publication of photographs and/or video of me and/or those of my minor child (if applicable). I hereby fully and forever discharge and release the Magic from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image) arising out of the use or publication of photographs and/or video of me and/or those of my minor child (if applicable) by the Magic, and covenant and agree not to sue or otherwise initiate legal proceedings against the Magic for such use or publication on my own behalf or on behalf of my minor child. All grants of permission and consent, and all covenants, agreements, and understandings contained herein are irrevocable. I represent and warrant that my or my minor child’s participation in the Event, including but not limited to, my or my child’s participation in any physical activity or performance, will not reflect badly on the Magic. I acknowledge and represent that I am over the age of eighteen (18), that I have read this entire document, that I understand its terms and provisions, and that I have signed it knowingly and voluntarily on behalf of myself and/or my minor child (if applicable).

NOTICE TO THE MINOR CHILD’S NATURAL

GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASEES (AS DEFINED ABOVE) USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.





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*
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!