IN CONSIDERATION of obtaining a credential card and being permitted to enter (or re-enter) and remain at any Minnesota Vikings Game Game or Event at U.S. Bank Stadium, including all surrounding parking areas, pedestrian plazas and entryways (collectively, the “Facilities”) during the 2022 National Football League Season, 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:
1. Acknowledgments of COVID-19 and Other Risks of Injury to Person or Property. 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 or have been present; (b) no precautions, including the protocols that will be implemented from time to time by the Minnesota Vikings, the National Football League and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Facilities 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/or 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 my obtaining a credential card and being granted access to, traveling to and from, entering, re-entering or remaining, and providing services at, the Facilities, including, without limitation, the risk of bodily injury, the risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19), and the causes thereof, sickness, personal injury, disability, other short-term or long-term health effects and death, and lost, stolen or damaged property, 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.
2. 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, 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 at the FACILITIES; (iii) my travel to or presence within the FACILITIES or compliance with any FACILITIES Protocols OR any of the OTHER POLICIES or protocols AT THE FACILITIES; or (iv) any of the risks identified above in Section , in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. Nothing in the release set forth in this Section  shall be construed as a release of any claims I may have against the third-party entity for which i am performing services as an employee or contractor (“EMPLOYER”) or any rights I may have to receive workers’ compensation. I understand that this Release, waiver of liability, and covenant not to sue is intended to be as broad and inclusive as permitted by law and agree that if any portion of this Release, waiver of liability, and covenant not to sue is invalid, the remainder will continue in full legal force and effect.
(B) For the purposes hereof, the “Released Parties” are: (i) Minnesota vikings, THE NATIONAL FOOTBALL LEAGUE and ALL OF its OTHER member CLUBS, and each of thOSE ENTITIES’ respective affiliates, administrators, designees, licensees, sponsors, agents, owners, officers, directors, employees, contractors (AND ALL EMPLOYEES OF SUCH CONTRACTORS) and other personnel (collectively, THE “nfl RELEASED Parties”); (ii) the owners, lessees and sublessees of the FACILITIES; (iii) contractors and other vendors performing services at the FACILITIES; (iv) other third parties present at or from time to time brought to the FACILITIES (including, without limitation, medical personnel); and (v) 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; provided, however, that the Released Parties shall not include MY EMPLOYER.
3. Agreement to and Acceptance of Credential Use Conditions. I have read, agree to and accept the Credential Use Conditions, which I understand govern my access and the use of the content I gather using that access, to any Minnesota Vikings Game or Event at U.S. Bank Stadium during the 2022 National Football League Season, which conditions can be found at https://nflcommunications.com/Documents/Credentials2022.pdf, and which conditions are incorporated herein by reference.
4. Governing Law. I agree that this Agreement shall be governed by the laws of the State of Minnesota, without regard to choice of law principles.
5. 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 or work at the Facilities (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 NFL Released Parties are engaged in transactions involving interstate commerce, (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 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 Minneapolis, Minnesota.
6. Class Action Waiver. I agree that all claims in connection with, relating or incidental to my obtaining a credential card and being granted access to, traveling to and from, entering, re-entering or remaining, and providing services at, the Facilities, and any activity associated therewith 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.
7. 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.
8. Relationship Between the Parties. Nothing in this Agreement, the Credential Use Conditions, the Facilities Protocols or any of the other policies or protocols in place at the Facilities shall be construed to create an employer-employee, principal-agent or independent contractor relationship between any of the NFL Released Parties or other Released Parties and me. At all times I shall remain an employee or contractor, as applicable, of my Employer and shall look solely to my Employer, and not any of the Released Parties, 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 Facilities.
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 being granted a credential and permitted access to and continued presence at the Facilities and that the NFL Released 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 NFL Released Parties or other Released Parties or by my employer.