Terms and Conditions
Tryout Release and Waiver
1. The Athlete acknowledges and agrees that UFL, Inc. (“UFL) and their principals, members, partners, shareholders, officers, directors, affiliates, employees, agents, successors, assigns, attorneys, and insurers have not individually or collectively made any representations regarding any potential future contracts with the UFL, other than that any such future contract shall be at the sole discretion of UFL, as appropriate;
2. The Athlete acknowledge and agree that any representations regarding any future contract shall not be binding unless issued in writing and signed by a duly authorized representative of UFL;
3. Athlete fully understands and agrees that calisthenics and fitness are inherently and abnormally dangerous activities that can result in severe and permanent physical injury, including but not limited to irreversible neurological trauma, disability, or death. Athlete represents that he or she is a seasoned professional in the sport of calisthenics and fitness, and Athlete has knowingly evaluated the inherent risks, foreseen and unforeseen, in this dangerous sport and represents and declares that he or she is physically, mentally, emotionally and intellectually willing and able to accept, and does hereby clearly, unambiguously and explicitly accept, all risks, foreseen and unforeseen, associated with participating in the sport and the Events.
4. In consideration for the opportunity to participate in the Event, and with full knowledge and complete assumption of all die risks, Athlete, for himself or herself, his or her heirs, assigns, executors and administrators ("Releasing Parties") hereby irrevocably agrees that the Releasing Parties will not sue or claim against UFL or any of its parents, subsidiary entities, affiliates, sponsors, successors and assigns, and the respective directors, officers, members, managers, employees, agents, contractors, partners, shareholders and representatives, in their individual, personal and representative capacities for each of the foregoing entities ("Related Parties") for any injury, illness, damage, loss or harm to Athlete or Athlete's property, or Athlete's death or disability, howsoever caused, resulting or arising out of or in connection with Athlete's preparation for, travel for, participation and appearance in, any UFL promotional events, the Event, the Pre-Event Event and the Post-Event Event or any activities associated therewith.
5. In consideration for the opportunity to participate in the Event, and with full knowledge and complete assumption of all risks, the Releasing Parties hereby forever voluntarily release, discharge, waive and relinquish any and all, past, present and future, claims and causes of action, specifically including any claims based on negligence or gross negligence, that they may have against the Released Panics, as the result of any injury, illness, damage, loss or harm, to Athlete or Athlete's property, or Athlete's death or disability, howsoever caused, resulting or arising out of or in connection with Athlete's preparation for, travel for, participation and appearance in any UFL promotional event, the Event, the Pre-Event Event and the Post-Event Event or any activities associated therewith.
6. ATHLETE ACKNOWLEDGES AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS IMPLEMENTED BY UFL) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19. COVID-19, AND ANY APPLICABLE VARIANT THEREOF, IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. 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 UNDERLYING MEDICAL CONDITIONS. ATHLETE VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH) SICKNESS (INCLUDING ILLNESS, LONG-TERM ADVERSE HEALTH CONDITIONS, AND OTHER RISKS OF EXPOSURE TO COVID-19, ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, A BACTERIA, VIRUS, OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT(S), WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT(S), HOWEVER CAUSED, AND WHETHER BY NEGLIGENCE OR OTHERWISE.
7. The Athlete acknowledges and agrees that nothing contained in this Tryout Release and Waiver shall be deemed an admission of liability by UFL, or their principals, members, partners, shareholders, officers, directors, affiliates, employees, agents, successors, assigns, attorneys,
and insurers;
8. The Athlete acknowledges and agrees that in the event of any legal, administrative, or arbitration action or proceeding arising out of or relating to this Tryout Release and Waiver, the prevailing party shall be entitled to recover its costs, attorney fees, and expert witness fees from the non-prevailing party;
9. The Athlete acknowledges and agrees that if any portion of this Tryout Release and Waiver is determined to be unenforceable, the remainder shall be enforced to provide UFL, and their principals, members, partners, shareholders, officers, directors, affiliates, employees, agents, successors, assigns, attorneys, and insurers the broadest release possible;
10. The Athlete hereby grants to UFL the worldwide right to use, display, disseminate, edit, reproduce, print, publish and make any other use of the name, sobriquet, image, likeness, voice, persona, signature, and biographical material of Athlete and all persons associated with Athlete in any medium in connection with advertising, marketing, exploiting, and promoting the UFL.
11. The Athlete hereby grants full permission for UFL Inc.and its agents, broadcasters, contractors and licensees to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, and to license others to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, for any purpose, in any manner, without further notification, authorization or compensation to the undersigned or anyone on behalf of the undersigned, any or all of my participation in any Event (or any activity covered under this Agreement) for photos, motion pictures, TV, radio, recordings, videotapes and other media known or unknown, and to use them no matter by whom taken, in any manner for publicity, promotions, advertising, trade or commercial purposes, without any remuneration of any kind due me or any other person, worldwide and in perpetuity. Athlete agrees that all audio/video recordings and pictures of the materials and any description may be used by the licensed party and is solely owned by UFL Inc. UFL may copyright its name for its sole benefit and any such audio, video or picture recording of the Event.
12. The Athlete represents that the Athlete has no present or prior physical or mental defects, illnesses, diseases or conditions known to him or her which would prevent, impair or hinder the performance of his services hereunder except as otherwise disclosed in writing to the UFL. The Athlete further represents and warrants to the UFL that the Athlete is and will maintain an excellent physical condition in order to participate in the Event.
13. If injured while competing or in an emergency, Athlete consents to representatives of UFL to have the authority, at Athlete's expense, to render aid and medical attention and to utilize the most convenient volunteer rescue squad vehicle or ambulance to the hospital, and authorize medical treatment. Athlete must immediately report to UFL if injured in the performance of services under this Agreement. Athlete agrees to make full and complete disclosure of any physical or mental condition and/or known history known which might impair performance under this Agreement and to respond fully and in good faith when questioned by the UFL physician about any such condition. UFL reserves the right to require the Athlete to submit to full or partial physical medical examination and undergo testing and receive affirmative clearance prior to the Event. Athlete represents to UFL that the Athlete has medical insurance coverage. Athlete may be required to purchase participant accident insurance for each event to help to pay for injuries sustained while competing in Event. Athlete remain solely and fully liable for the full amount of any claims and expenses related to any injury regardless of any failure or deficiency of insurance coverage.
14. This Agreement has been delivered at and shall be deemed to have been made at New York, NY, and shall be interpreted, and the rights and liabilities of the parties hereto determined, in accordance with the laws of the State of New York.
By signing this Tryout Release and Waiver, I acknowledge that I have read and understood the provisions set forth in this Tryout Release and Waiver and voluntarily consent to and accept the terms set forth herein.