COVID-19 SAFETY INFORMATION: While participating in events held or sponsored by the National Basketball Players Association (NBPA) and National Basketball Players Inc. d/b/a THINK450 (both parties, the “Organizer”), consistent with CDC guidelines, participants are encouraged to practice hand hygiene, social distancing, and wear face coverings to reduce the risks of exposure to COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”). Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, the Organizer has put in place preventative measures to reduce the spread of COVID-19. However, the Organizer cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
By attending an NBPA event, I certify that:
● My child/legal charge and I have not been knowingly exposed to a confirmed or suspected case of COVID-19, OR
● Have not been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
By signing this agreement, I acknowledge, on behalf of myself and my child/legal charge, that I am aware of the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and any other communicable or infectious disease at the host venue, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. The NBPA does not intend to alert participants of reported COVID cases.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I have read and understand this agreement and I, on my behalf and my child/legal charge, unconditionally release and forever waive, release, discharge and covenant not to sue the National Basketball Players Association, National Basketball Players Inc. d/b/a THINK450 and its and their respective members, employees, staff, sponsors, licensees, subcontractors, agents and representatives from any and all liability from actions, liabilities, damages, costs, expenses, claims or demands arising from or in connection with any injuries, exposure to or infection from COVID-19 and any other communicable or infectious disease, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property, resulting in whole or in part, directly or indirectly, or any other claim or cause of action in connection with from my participation or attendance at the 450 Gives event including any travel or related activities associated with the foregoing. I am not aware of any health or medical condition that would prevent my child/legal charge from fully participating in the activities associated with 450 Gives. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law.
NOTICE OF FILMING
Upon entry into any space controlled by the Organizer, I, on behalf of myself and my child/legal charge, hereby expressly grant to the National Basketball Players Association and its respective subsidiaries, affiliates, licensees, members, employees, agents, subcontractors, sponsors, and media partners (the "Partners") the non-exclusive, royalty-free, fully paid up and worldwide right and license to photograph and record, and reproduce, edit, display, publish, use, license and broadcast my picture, silhouette and other reproductions of my voice, image and likeness (as the same may appear in any still camera photograph and/or motion picture film or video) and the same of my child and legal charge captured at this space in any media now existing or hereafter created. I expressly understand and agree that any such photograph, film, tape or other recordings therefrom, shall be the sole and absolute property of the Partners to be used for any and all purposes whatsoever in perpetuity without any right of approval.
I expressly understand and agree that the Partners shall have the unlimited right to copyright and publish, exhibit or use said voice, image, and likeness or any part thereof in any manner they desire. I further give the Partners the right to reproduce and sublicense in any manner whatsoever any recordings made by the Partners of my and my child/legal charge’s voice and all instrumental, musical, or other sound effects produced by me and my child/legal charge.
GOVERNING LAW
This agreement will be governed exclusively by the laws of the State of New York. Any legal action relating to or arising out of this agreement will be commenced exclusively in the State or Federal Courts located in the borough of Manhattan in the State of New York. I, ON BEHALF OF MYSELF AND OF MY CHILD OR WARD, SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY.