LM ATHLETIC and Release of Liability Form & Publicity Waiver and Release Agreement *
LM ATHLETIC
I hereby acknowledge that I have voluntarily elected to participate in the Program sponsored by LM ATHLETIC
In consideration for being permitted to attend and participate in the Program, I, for myself and for my personal representatives, heirs and assigns (collectively, "me," "I" or "my") hereby acknowledge and agree to the following:
I have been informed of and I understand the various aspects and nature of the activities in the Program including, but not limited to, travel, itinerary, and logistics in the Program. I also understand that as a Participant in each and every aspect of the Program, I may sustain serious personal injuries, illness, property loss or damage, or even death as a consequence of the actions, inactions or negligence of myself or others, travel, weather conditions, and other risks not known to me or not reasonably foreseeable at this time. I further understand and agree that any such injuries and consequences that I may sustain by any means are my sole responsibility.
I understand there are potential risks and dangers inherent to my participation in the Program and these potential risks include, but are not limited to: falling or loss of balance; striking padded or unpadded surfaces; collisions with other participants; being injured by equipment or by the actions or inactions of other Program participants, bystanders or staff; weather conditions; contagious diseases (including, but not limited to, Coronavirus/COVID-19 and any of its variants); terrorism; negligent first aid operations or procedures; and other risks that are unknown at this time. Although the Company has made every reasonable effort to assure my safety while participating in the Program, there are many unavoidable risks. I knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the negligence of the Released Parties (described herein) and I voluntarily assume full responsibility for my participation in the Program.
I understand and agree that, although the Company will attempt to maintain the Program as described in its publications, it reserves the right to change the Program including, but not limited to, the staff/personnel and scheduling/itinerary, at any time and for any reason, with or without notice, and that the Company, its affiliates, trustees, officers, employees, volunteers, agents, representatives, and any other person involved with the Program (collectively, "Released Parties"), shall not be responsible or liable for any expenses or losses that I may sustain because of these changes.
I acknowledge and represent that I am qualified, in good health, and in proper physical condition to participate in the Program, and that I have no known physical or health-related reasons or problems that may preclude or restrict my participation in the Program, or I have disclosed to the Company any physical, mental, and/or emotional conditions or problems, permanent or temporary, including special dietary and medication needs, or the need for visual or auditory aids that might impair my ability to participate in the Program. I hereby release each of the Released parties from any and all claims, damages, injuries, or loss arising out of my failure to disclose such conditions or problems. I further agree and warrant that if at any time I believe that conditions to be unsafe, or if at any time my health suffers, I will immediately discontinue participation and notify the Company.
I further acknowledge and agree that receiving any inoculations (if necessary) is my responsibility and I will not hold the Released Parties liable for any adverse reactions as a result of taking the inoculations abroad or at home due to not taking the inoculations. I will make all preparations necessary to safeguard my health and comply with all recommended precautions pertaining to my health and safety. I have further arranged, through insurance or otherwise, to meet any and all needs for payment of health care coverage or medical costs that I may incur while I participate in the Program.
The Company may, but is not obligated to, make any decisions and take any actions regarding my health and safety that it considers to be warranted under the circumstances, and I hereby authorize the Released Parties and medical provider(s) to make such decisions and carry out any emergency medical transport and care for me as may be necessary in their sole discretion. I agree to pay all expenses relating thereto and release the Released Parties from any liability for any such actions.
I understand and agree that I must comply with all applicable rules, regulations and policies governing players and participants in the Program. I understand and agree that the Company reserves the right to dismiss me from the Program at any time should my actions or general behavior, in the sole discretion of the Company, be determined to constitute a danger to myself, others, or is a detriment to the progress and objectives of the Program in any way.
In consideration of the opportunity afforded to me and with full knowledge and acceptance of the risks associated with participation in the Program, I hereby release, indemnify, hold harmless and covenant not to sue the Released Parties, either directly or indirectly, from all claims, suits, expenses, attorney fees and demands of any nature (including negligence) caused by, deriving from, or associated with my participation in this Program and related activities, including the travel to and from the Program or to any events associated with this Program.
I make these covenants, release and waivers knowingly and voluntarily, without inducement or assurance of any nature whatsoever. It is further understood and agreed that this Agreement is to be binding on my heirs and assigns and I sign it of my own free will. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be enforceable. A signed copy of this Agreement delivered by fax or email will be given the same legal effect as an original signed copy.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT.
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Publicity Waiver and Release Agreement
I hereby irrevocably permit, authorize, grant, and license LM ATHLETIC and its affiliates, successors, and assigns, and their respective licensees, advertising agencies and promotion agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my name, image, likeness and appearance, and all materials created by or on behalf of Company that incorporate any of the foregoing ("Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures and other print publications, press releases, announcements, electronic, optical and video transmission, advertising and promotional materials, the internet and other digital transmission, mobile applications, on any platform and for any purpose, including but not limited to, advertising, public relations, publicity, packaging, and promotion of Company and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.
Company shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers.
I acknowledge and agree that I have no right to review or approve Materials before they are used by Company, and that Company has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from Company's editing, alteration, or use of the Materials, or Company's presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by Company in Company's sole discretion. Company has no obligation to create or use the Materials or to exercise any rights given by this Agreement.
To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims"), arising directly or indirectly from the Authorized Persons' exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of Company or any other person, and I hereby covenant not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims. I understand that Company is relying on this Agreement and will incur significant expense in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.
I have not relied on any statement, representation, warranty, or agreement of Company or of any other person on Company's behalf. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
THIS AGREEMENT PROVIDES COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY.
PARENT/LEGAL GUARDIAN CONSENT REQUIRED FOR MINORS UNDER 18 YEARS OF AGE:
I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by clicking the box below, I hereby do consent in all respects to the terms and conditions of this Publicity Waiver and Release Agreement and agree that both the minor and I shall be bound by all of its terms and conditions.
By clicking the box below, I further acknowledge and consent to electronic signature of this Agreement and that it will have the same legal effect as if such signature had been manually written for the purposes of validity, enforceability, and admissibility.
I have read this form carefully and fully understand its meanings and implications. I acknowledge that by signing this form I give LM ATHLETIC full copyright and authority to publish photographs, and my agreement to all the terms listed above.