PARTICIPANT RELEASE
PLEASE READ CAREFULLY, SIGN AND RETURN TO NIKE
The following waiver of all claims, release from all liability, assumption of all risks and other terms of this release are entered into by me on behalf of the minor participant identified below (the "Minor"). I am the Parent/Guardian of the Minor and am executing this release on behalf of the Minor in my capacity as Parent/Guardian and with the intent that this release be binding on myself and the Minor for all legal purposes. I confirm that I have reached the age of majority in my jurisdiction of residence and competent to agree to this release.
| NCAA/HIGH SCHOOL ELIGIBILITY. I understand and agree that if the Minor is a student-athlete I am responsible for their collegiate/high school eligibility and/or amateur standing. I am aware of, and agree to comply with, all rules, regulations, and bylaws of the Minor’s high school state association and of any national federation responsible for administering or regulating interscholastic athletics, and of the NCAA or other regulatory authority, that may be applicable to the Minor’s participation in the Event (defined below). I understand the consequences of any failure to comply with such rules, including but not limited to, loss of the Minor’s eligibility to participate in future athletic contests in any sport at the high school, collegiate or other level. NIKE IS NOT RESPONSIBLE OR LIABLE FOR THE MINOR’S PARTICIPATION IN THIS EVENT RESULTING IN THE MINOR’S INELIGIBILITY AS AN AMATEUR ATHLETE. |
In consideration for the Minor being allowed to participate in the activity and/or event (“Event”) arranged and/or sponsored by Nike, Inc. (“NIKE”)and all other activities related to the Event (e.g., transportation, product experiences, etc.), I acknowledge and agree that:
1. ASSUMPTION OF RISK. Participation in or attendance at the Event involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage, and severe social and economic losses including but not limited to the nature of the Event itself, the training, acts or omissions, recommendations of advice given by NIKE, its agents, employees, or other persons or entities concerning the Event; latent or apparent defects or conditions in any equipment used in connect with the Event; the use or operation by the Minor or others of said equipment; acts of other participants or guests; weather conditions; the Minor’s physical condition; the Minor’s own acts or omissions; first-aid emergency treatment or other services rendered to the Minor or others; and consumption of food or drink. These may result from the Minor’s own actions or inactions or negligence, as well as the actions or inactions or negligence of others, the rules of play, and the condition of the facilities and equipment or vehicles. Further, there may be other risks not known to me or the Minor and not reasonably foreseeable at this time. I warrant that the Minor is am physically and mentally able to fully participate in the Event. The Minor is qualified, in good health, and in proper physical condition to participate in the Event. The Minor will not be under the influence of drugs, alcohol, or medication that prevents me from safely engaging in the Event. I understand and I have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily choose to assume (on my own behalf and on behalf of the Minor) all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others and assume full responsibility for the Minor’s participation in the Event. I consent to treatment in the event of an emergency or other incident where, in the reasonable judgment of the on-site personnel, the Minor requires medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released Parties (as defined below) from any costs or claims arising from such medical care.
2. RELEASE FROM LIABILITY. I, for myself and on behalf of the Minor, and our respective heirs, executors, administrators, personal representatives, estate, insurers, successors and assigns, fully and forever release and discharge: NIKE and its affiliates and subsidiaries, its and their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, successors, assigns, and insurers, all Event sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event (collectively, the “Released Parties”) from any and all injuries (including death), losses, damages, claims (including negligence claims, excluding gross negligence and intentional misconduct claims), demands, lawsuits, expenses, and any other liability of any kind, of or to the Minor, my or the Minor’s property, or any other person, directly or indirectly arising out of or in connection with the Minor’s participation in or attendance at the Event, including transportation related to the Event, even if it is due to the negligence of the Released Parties, to the fullest extent permitted by law.
I UNDERSTAND AND AGREE THAT THIS PARTICIPANT RELEASE WILL PREVENT ME, THE MINOR AND OUR RESPECTIVE SUCCESSORS FROM BRINGING A LAWSUIT, CLAIM OR OTHER ACTION AGAINST THE RELEASED PARTIES AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER LEGAL RELIEF FROM THE RELEASED PARTIES IN CONNECTION WITH THE CLAIMS RELEASED ABOVE.
3. PARENT/GUARDIANS. I represent that I know the Minor’s experience and capabilities and believe the Minor to be qualified to participate in the Event. If at any time I believe conditions surrounding the activity or the Minor’s participation are unsafe, I will immediately discontinue the Minor’s participation in the Event. I further understand and agree that acceptance of the terms and conditions are on behalf of a minor child.
4. AUTHORIZATION TO RECORD AND TO USE RECORDINGS AND NAME AND LIKENESS. I hereby grant to NIKE, its affiliates, subsidiaries, successors, assigns and licensees (collectively “NIKE”) permission to film, photograph, video record and otherwise record the Minor’s image, voice, quotes, avatar, name, likeness, biographical data, silhouette, body dimension, shape, posture, personal property, musical content, artistic performances, or any other aspect of the Minor’s attendance at the Event (collectively the “Recording”) and the right, throughout the world, in perpetuity, to register for copyright, to use and to assign and/or license others to use all or any portion of the Recording (or a reproduction thereof), in all media and in any manner now known or hereafter developed, in connection with the Event, or otherwise of NIKE and/or its subsidiaries or affiliates without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name. NIKE shall have no obligation to use any of the rights I grant. I represent that it is not necessary for NIKE to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.
5. AUTHORIZATION TO COLLECT AND USE DATA. While engaging in the Event, I or the Minor may provide toNIKE (1) information such as our name, contact information, age, gender, and other demographic, physical, physiological or identifying characteristics specifically requested from us; and (2) data regarding our use or interaction with Nike products or services including any feedback, comments or ideas we provide about the product, testing, or the Minor’s experience during the Event (collectively “Event Data”). The Minor’s participation in the Event is voluntary. By participating in the Event and providing the Event Data to NIKE, I hereby grant NIKE permission to collect, capture, record, and store the Event Data, and grant to NIKE a license to use the Event Data for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
6. LICENSE TO USE SUBMISSIONS, COMMENTS, FEEDBACK, AND IDEAS. I hereby grant to NIKE a non-exclusive, unrestricted, irrevocable, and perpetual license to use all comments, feedback, and any material(s) I or the Minor submit, enter, or share with NIKE without notice, compensation or acknowledgement to me or the Minor, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
7. ARBITRATION. Except where prohibited by applicable law, in the event of any dispute between me and any of the Released Parties (defined above), such dispute shall be settled by arbitration administered by the ADR Institute of Ontario pursuant to the Ontario Arbitrations Act, as amended, or any successor act. The place of arbitration shall be Toronto, Ontario Oregon unless both parties consent to a different location. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.
8. CONFIDENTIALITY. I understand that, during or in connection with the Event, I or the Minor may be exposed to ideas, designs, discoveries, inventions, and trade secrets, including footwear, apparel and equipment designs under development, fabrication processes, innovative materials, drawings, business and marketing plans, sales data, and research about biomechanics and exercise physiology. I agree that all of NIKE’s files, data, and information are and shall remain the property of NIKE and as such may not be used, or copied or distributed to third parties, without the express prior written consent of NIKE. My and the Minor’s obligations of non-disclosure with respect to NIKE’s proprietary information shall remain in effect for so long as such information has not entered into the public domain.
9. INSURANCE. I acknowledge that NIKE has not arranged for nor carries any insurance of any kind for my benefit, and that I am solely responsible for obtaining and paying for any health, life, travel, accident, property or other insurance relative to the Minor’s injuries or any other loss the Minor may sustain while participating in the Event.
I represent that I have read this Participant Release, fully understand it, and agree to its terms, and I understand and acknowledge that I am giving up substantial rights by accepting the terms of this Participant Release. I sign this Participant Release freely and voluntarily, without any inducement or coercion.
MINOR SIGNATURE: __________________________________________________________________________________________
MINOR PRINT NAME: _________________________________________________________________________________________
DATE OF BIRTH: ______________________________________________________________________________________________
ADDRESS: ____________________________________________________________________________________________________
EMERGENCY CONTACT: _______________________________________________________________________________________
PHONE NUMBER: ______________________________________________________________________________________________
PARENT OR GUARDIAN SIGNATURE: _____________________________________________________________________________
PRINT NAME: ___________________________________________________________________________________________________
DATE SIGNED: __________________________________________________________________________________________________
E-MAIL ADDRESS: _______________________________________________________________________________________________
PHONE NUMBER: ________________________________________________________________________________________________