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Obama Foundation Liability & Release

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, WAIVER, RELEASE AND HOLD HARMLESS AGREEMENT


You must read this entire ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, WAIVER, RELEASE AND HOLD HARMLESS AGREEMENT (this “Agreement”) carefully before signing below. 


Each person listed below as participating in the Activity (defined below) is referred to as a “Participant.” The adult Participant (those 18 years of age or older) or the Participant’s parent or legal guardian for and on behalf of a minor Participant (those under 18 years of age) shall sign this Agreement. In consideration of the services of The Barack Obama Foundation, together with its affiliates, distributors, representatives, agents, partners, designees, licensees, successors, and assigns (collectively, the “Foundation”), in allowing each Participant to participate in the Foundation program, function, or event selected below and any related activities (collectively, the “Activity”), I expressly acknowledge and agree as follows:  


1. Consent. Participant has been invited to participate in the Activity.Participation in the Activity is voluntary. Participant consents to participating in the Activity. Participant confirms that Participant wishes to participate in the Activity, has read and understood any and all Activity participation information provided to Participant, and has had the opportunity to ask any questions that they may have.


2. Assumption of Risk. The Activity may take place indoors or outdoors. The Activity may include, but is not limited to: sports; exercise; physical or fitness activities; movement; wellness activities; participation in clinics, trainings, demonstrations, workshops, or other games or hands-on activities; use of equipment, including dangerous and potentially hazardous equipment, including but not limited to, sports, fitness or exercise equipment, knives, sharp blades, hand tools, power tools, cutting tools, hot items, and specialized machinery; flying debris or sharp edges; handling food; and traveling in vehicles. Participant understands that participating in the Activity carries certain inherent and other risks, hazards, and dangers (collectively referred to in this Agreement as “risks”) to Participant, property, and others. The specific risks vary, but range from and may include, but are not limited to, damage or other loss (including lost, stolen or damaged property), to illness (including COVID-19 and other infectious or communicable diseases or allergens), to injury (including minor injuries such as cuts, punctures, lacerations, bruises and sprains, major injuries such as eye injury, muscle strain, burns, electrical shock, severe bleeding, back injuries and concussions, catastrophic injuries such as loss of limbs, paralysis and permanent disability, and insect or animal stings or bites), to death to Participant or others. Participant understands that no amount of care, caution, or expertise can eliminate the inherent risks of the Activity regardless of the care taken to avoid injury, illness, damage, death, or other loss to Participant or others. Participant elects to participate in the Activity in spite of the risks, and Participant voluntarily ASSUMES ALL RISKS, regardless of severity, of the Activity.


3. Safety Guidelines and Health Protocols.Participant will strictly abide by all safety guidelines, written rules, and verbal instructions provided by Activity personnel, including any safety guidelines requiring Participant to wear personal protective equipment. Participant will immediately stop using any equipment or participating in the Activity and notify Activity personnel if Participant observes an unsafe condition or feels incapable of using equipment safety or safely participating in the Activity. During the Activity, Participant will not be under the influence of alcohol, drugs, or medications that could impair Participant’s coordination, reaction time, or judgment. Participant further agrees to abide by any health protocols established for the Activity, which protocols may change from time to time at the discretion of the Foundation or the Activity facilitator, operator, partner or sponsor. If Participant is not feeling well, please stay home. The Foundation adheres to current health regulations. The Foundation and/or the venue(s) at which the Activity (or any portion thereof) is held may require Participant to adhere to vaccine requirements, social distancing, and/or to wear face masks or cloth face coverings during the Activity. Infectious and communicable diseases can be serious, resulting potentially in illness, hospitalization, and even death. By signing below, Participant acknowledges and agrees that the Foundation cannot guarantee an environment free of infectious or communicable diseases or eliminate the chance of infection and the health risks associated with it. 


4. Medical Consent and Release. Participant is not aware of any medical conditions that would render it inappropriate for Participant to participate in the Activity. Participant consents to receiving medical treatment, including first aid and emergency transport, in the event of accident, injury, or illness.  Participant authorizes the use or disclosure of health information for purposes of securing medical treatment. Participant agrees that they may be required to pay all or most of the expenses incurred for such treatment. Participant acknowledges that the Foundation is not liable for any medical expenses incurred by Participant while participating in the Activity, except for those directly caused by and arising out of the Foundation’s gross negligence or willful misconduct.


5. Activity Policies, Rules & Regulations. Participant will abide by any policies for the Activity, including the Foundation’s event code of conduct found athttps://obama.org/event-policies, and by all of the rules and regulations established by any Activity venue or platform. Participant will comply with all applicable laws and regulations in the country/state/municipality in which the Activity is being held and will not engage in any unlawful conduct. If the Activity (or any portion thereof) is held at the Obama Presidential Center, Participant will abide by the Obama Presidential Center visitor policy available at obama.org/visit/visitor-policy, which is subject to change without notice. 


6. License.For good and valuable consideration, the receipt and sufficiency of which Participant hereby acknowledges, Participant irrevocably grants to the Foundation and any Activity facilitator, operator, partner or sponsor: (a) the right and license to: (i) use and commercially exploit Participant’s name, identity, signature, statements, comments, stories, opinions, and biographical information (collectively, “Personal Information”); and (ii) film, copy, record, and photograph Participant’s image, likeness, voice and performance (collectively, the “Likeness”, and together with the Personal Information, the “Material”); and (b) the unlimited and perpetual right to use, copy, distribute, publish, exhibit, digitize, broadcast, telecast, transmit, depict, display, reproduce, edit and otherwise commercially exploit the Material and any materials based thereon or derived therefrom, and all film, video, recordings, photography, screenshots, screen grab stills, unlimited edits, cut-downs, versions, tags, and revisions embodying the Material, in any manner or media whatsoever (whether now known or hereafter devised), anywhere in the world, in perpetuity, for any and all purposes including, without limitation, distributing, advertising, marketing, promoting and publicizing the Activity (or any part thereof), and in connection with all subsidiary and ancillary rights relating to the Activity, as the Foundation may determine in its sole discretion. Furthermore, Participant irrevocably grants to the Foundation permission to alter, modify and create derivative works based on or including the Material.Participant acknowledges and agrees that Participant has no right to review or approve the materials or recordings before they are used by the Foundation or at any other time, and no payments, residuals, reuse fees or other compensation shall be made to Participant in connection with any uses of the Material or promotion of the Activity.


THIS AGREEMENT PROVIDES THE FOUNDATION WITH PARTICIPANT’S ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING THE FOUNDATION TO PUBLICIZE AND COMMERCIALLY EXPLOIT PARTICIPANT’S NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE.


7. Full Waiver and Release of Liability; Hold Harmless. To the fullest extent permitted by applicable law:


a. Participant hereby irrevocably expressly waives all legal and equitable rights relating to all liabilities, obligations, claims, demands, actions, suits, damages, losses, judgments, settlements, awards, penalties, and fines, including, without limitation, costs, expenses and attorneys’ fees incident thereto (collectively, “Claims”), now known or hereafter known in any jurisdiction throughout the world, against the Foundation, any Activity facilitator, operator, partner or sponsor, others acting with authority from the Foundation, and all of their respective directors, officers, employees, volunteers, agents, representatives, affiliates, successors, and assigns (each a  “Releasee”), including, but not limited to, Claims for physical or emotional injury or distress, copyright or trademark infringement, infringement of civil or moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, or any similar claim or cause of action in tort, contract, or any other legal theory: (i) on account of bodily injury, death, property damage, or other loss arising out of or attributable to, directly or indirectly, Participant’s participation in the Activity, whether arising out of the active or passive negligence of the Foundation or any Releasees or otherwise; or (ii) arising directly or indirectly from the Foundation’s or any Releasee’s exercise of its rights under this Agreement or the production, exhibition, advertising, promotion, commercial exploitation or other use of the Activity or any elements thereof.


b. Participant covenants not to make or bring any such Claim against the Foundation or any other Releasee, and forever releases and discharges the Foundation and all other Releasees from liability under such Claims, including, without limitation, Claims resulting in whole or in part from the negligence of the Foundation, any other Releasees, or any other person. Participant shall defend, indemnify, and hold harmless the Foundation and all other Releasees against any and all Claims, including, without limitation, reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any Claim of a third party related to Participant’s participation in the Activity.


c. Participant understands that the Foundation is relying on this Agreement and will incur significant expense in reliance on this Agreement, and Participant agrees that this Agreement cannot be terminated, rescinded, or modified, in whole or in part. Participant agrees that Participant’s rights and remedies in the event of any breach or alleged breach of this Agreement will be limited to the right, if any, to recover money damages and waives any and all rights to injunctive and other equitable relief. Participant will not have the right to enjoin or interfere with the use or commercial exploitation of the Material (or any element thereof), or the production, distribution, commercial exploitation, advertising, or promotion of the Activity or any element thereof. Participant is familiar with and hereby waives the provisions of Section 1542 of the California Civil Code (and similar provisions of other jurisdictions) which provides as follows :“A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”


8. Representations and Warranties. Participant has the full and exclusive right and authority to grant the rights granted hereunder and agrees that this Agreement does not in any way conflict with any existing commitment of Participant and that the exercise of such rights by the Foundation shall not violate or infringe any rights of any third party. Participant acknowledges that the Foundation is not a signatory to any guild, union, or other collective bargaining agreement nor shall it be required to become a signatory to any guild, union or other collective bargaining agreement in connection with this Agreement. Participant agrees to defend, indemnify, and hold harmless the Foundation from and against all Claims by third parties resulting from Participant’s breach or alleged breach of this Agreement or any of the foregoing representations and warranties.


9. Miscellaneous. The Foundation’s rights as a member of the public shall not be limited by this Agreement, and the Foundation may exercise such rights as though this Agreement were not in place. Participant has not relied on any statement, representation, warranty, or agreement of the Foundation or of any other person on the Foundation’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement. This Agreement constitutes the entire agreement between Participant and the Foundation with respect to the subject matter contained herein. It supersedes all prior or contemporaneous communications, representations, warranties, or agreements, whether oral or written, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. The Foundation may assign this Agreement and its rights and obligations hereunder, in whole or in part, to any other person or entity. This Agreement shall be binding on and shall inure to Participant’s benefit and the benefit of the Foundation and the parties’ respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement, and all matters arising out of or relating thereto, shall be governed by and interpreted pursuant to the laws of the state of Illinois, without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of Illinois. Participant agrees that nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the Foundation, on the one hand, and Participant on the other. This Agreement shall constitute an “original” when printed from electronic files or records established and maintained in the normal course of business.


DO NOT SIGN OR SELECT THE “I AGREE” BOX(ES) UNTIL YOU HAVE READ THE ABOVE AGREEMENT. THIS AGREEMENT CONTAINS A WAIVER AND RELEASE.


Consent and Agreement 


BY SIGNING BELOW AND ELECTRONICALLY MARKING THE “I AGREE” BOXES, I AGREE THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, THAT I AND EACH PARTICIPANT (AS APPLICABLE AND INDICATED HEREIN) AGREES TO AND SHALL BE BOUND BY ALL OF THE TERM AND CONDITIONS OF THIS AGREEMENT, AND THAT I AND EACH PARTICIPANT (AS APPLICABLE AND INDICATED HEREIN) IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SUE THE FOUNDATION.


I Agree

Furthermore, I have read and agree to the Foundation’s event code of conduct available at obama.org/event-policies, the Obama Presidential Center visitor policy available atobama.org/visit/visitor-policy, the Foundation’s Terms of Service available at obama.org/terms-of-service, and the Foundation’s Privacy Statement available at obama.org/privacy-statement. 


I Agree







First Participant's Name
First Name*
Middle Name
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
Parent or Guardian's Email Address
Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*

Because the Participant is under 18, this form and the agreement must be completed by the Participant's parent or legal guardian. By completing on behalf of a child under 13, you are consenting to the collection of the child's information you are providing for the purposes of the agreement.



By signing below the parent or 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*
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Obama Foundation Event or Activity
November 2nd: Home Court Watch Party
November 21: Home Court Day of Play
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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