In consideration of the sanctioning by USA Badminton of the tournament for which the undersigned (the “Applicant”) is requesting sanction, the Applicant acknowledges, appreciates, and agrees that:
1. Participation in badminton involves a risk of bodily injury, including paralysis, dismemberment, disability, and death, and while particular rules of the sport, equipment, and discipline may reduce this risk, this risk of injury does exist, as well as the risk of damage to or loss of property.
2. The Applicant agrees to comply with the customary terms and conditions for participation in events sanctioned by USA Badminton in which the Applicant is the host.
3. The Applicant, for itself, and on behalf of its sponsors, or the respective officers, directors, volunteers, staff, sponsors and/or agents of any of them, hereby releases, holds harmless and promises not to sue USA Badminton, the committee, their respective sponsors, or the respective officers, directors, volunteers, staff, sponsors and/or agents of any of them (collectively, the “releasees”) with respect to any and all injury and loss arising from participation of any invitee of the Applicant, whether caused by the negligence of the releasees, the condition of the premises or otherwise, except that which is the result of gross negligence or wanton misconduct, to the fullest extent permitted by law.
4. The Applicant agrees to be bound by the rules and regulations of the Badminton World Federation and those of USA Badminton applicable to the Applicant.
5. The Applicant agrees to indemnify and hold harmless the releasees from and against any and all claims, losses, damages, liabilities, taxes, deficiencies, obligations or out-of-pocket costs or expenses, including reasonable attorneys’ fees and expenses and costs and expenses of investigation, resulting from and/or arising out of and/or by virtue of any and all injury and loss arising from acts or omissions of the Applicant or its invitees in events sanctioned by USA Badminton in which the Applicant is the host.
6. The Applicant hereby grants to USA Badminton, its licensees and contractors, including photographers, all right, title and interest in and to any and all photographic images and video or audio recordings of whatever kind or type in any medium, made by or for USA Badminton during events sanctioned by USA Badminton in which the Applicant is the host, including the right to film or videotape the Applicant and its invitees during matches, narratives or personal interviews, or the right to comment thereon for any and all commercial, news or other purposes, together with the right to transfer or grant such rights to others, and to all royalties, proceeds and/or other benefits derived from such photographs and recordings, all without remuneration or compensation to the Applicant whatsoever. The Applicant hereby grants to USA Badminton a royalty free, fully paid up, perpetual, transferable, worldwide non exclusive license (with the right to sublicense) to use, display, publicly perform or otherwise distribute the Applicant’s names, logos, tradenames or trademarks in connection with any such photographic images and video or audio recordings or in connection with events sanctioned by USA Badminton in which the Applicant is the host.