NIKE EVENT WAIVER
This agreement (the “Event Waiver”) confirms the terms which apply to participation in the Event by you (the “Participant”).
TERMS AND CONDITIONS
1. NIKE RETAIL B.V. or another member of the “NIKE Group” (meaning Nike Inc., NIKE, its subsidiaries, any company or entity to which NIKE or any of its subsidiaries licenses rights or provides services to, and/or any company which is, in relation to any such company, its parent undertaking or subsidiary) is sponsoring, producing, directing, organising, running or paying for the event described in the registration associated with this Event Waiver (the “Event'), in which I wish to take part. In consideration of the opportunity to take part in the Event, I agree to the terms and conditions set out in this Event Waiver.
2. ASSUMPTION OF RISK. NIKE has made no representation to me as to the suitability, condition or safety of the Event or Event venue and I acknowledge that taking part in the Event may involve risks and dangers of accidents, personal and bodily injury and property loss or damage. These may result from my own actions or inactions, as well as the actions or inactions of others, the rules of play, and the condition of the facilities and equipment. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I have considered the nature and extent of the risks involved, inspected and satisfied myself with the facilities and equipment and I voluntarily choose to assume all risks involved in the Event, both known and unknown.
3. RELEASE FROM LIABILITY. To the maximum extent permitted by applicable law I, for myself and on behalf of my heirs, executors, administrators, estate, insurers, successors and assigns, hereby fully and forever release and discharge NIKEand its parent companies, affiliates and subsidiaries their respective officers, directors, shareholders, employees, agents, representatives, contractors, successors, assigns, and insurers, and Event sponsors, organizers, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event (collectively the “Released Parties”) from and against any and all liability, claims, causes of action, costs, losses, damages or proceedings whatsoever arising out of or in connection with my participation in or attendance at the Event (save for my death or personal injury or any other damage resulting from the willful conduct or gross negligence of the Released Parties, to the extent such cannot be excluded by applicable law).
4. INDEMNITY. To the maximum extent permitted by applicable law, I irrevocably and unconditionally agree to hold harmless and indemnify the Released Parties from and against any losses, claims, costs, damages or expenses (including reasonable legal fees) arising in connection with any accident, loss or damage arising from my attendance at and/or participation in the Event.
5. NO INSURANCE. I understand that NIKE and others involved in the Event do not provide me with any insurance, either life, medical or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in or attendance at the Event. If I want insurance of any kind, I must obtain my own.
6. MEDICAL. I will pay my own medical emergency expenses and all subsequent medical expenses in the event of any illness, accident, or injury in connection with the Event. Further, I confirm that I am in good health and that I am not aware of any pre-existing medical conditions or injuries which would place me at risk through participation in or attendance at the Event or, if I do have any such conditions or injuries, I undertake to disclose them in writing to NIKE prior to participating in the Event so that NIKE can determine whether (at its sole discretion) I may participate.
7. AUTHORIZATION TO RECORD AND TO USE RECORDINGS AND NAME. I understand and agree that NIKE may photograph and/or film me during my participation and attendance at the Event. I hereby grant to NIKE, its affiliates, subsidiaries, successors, assigns and licensees permission to film, photograph, video record and otherwise record my image, voice, or any other aspect at the Event (collectively the “Recording”).I hereby irrevocably assign and transfer to NIKE the entire copyright and all other rights that I may have in the Recording throughout the world for the full period of such rights (and all extensions, reversions and renewals thereof) and thereafter so far as possible in perpetuity. To the extent that the foregoing assignment is ineffective for whatever reason, I hereby grant to NIKE a perpetual, irrevocable, exclusive, transferable and sub-licensable, world-wide royalty free license (together with all further consents necessary) to use the Recording and my name or image in any manner or media (whether now known or hereafter developed or discovered), and for any purposes without any additional consideration. I agree that 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.
8. LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. I hereby grant to NIKE and its affiliates and subsidiaries a perpetual, royalty free license to use all comments, feedback and ideas I may share with them, without notice, compensation or acknowledgement to me, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
9. ATHLETIC ELIGIBILITY. I accept that I have a duty to participate in a manner which is as safe as reasonably possible and, in particular, to abide by the rules of the Event, adhere to the safety information and instructions provided to me, take reasonable care to avoid dangerous situations and to look after both myself and other participants. I also understand the consequences of my failure to comply with such rules might include loss of my eligibility to participate in future similar events. I confirm that the equipment (if applicable) which I shall use for the Event is in good working order, properly maintained and suitable for the event. I acknowledge that I possess the requisite degree of skill, fitness and stamina that the Event requires.
10. PROTECTIVE GEAR. Unless otherwise instructed by NIKE, I acknowledge that I am responsible for providing, and shall wear at all times while participating in the Event, my own appropriate equipment, clothing and personal protective equipment. Where I fail or refuse to wear personal protective equipment, participation of the Event is done at my own risk and to the extent permitted by law, NIKE assumes no responsibility or liability for any loss, damage or injury caused to me due to such failure or refusal to use protective equipment. I acknowledge that where I have been instructed to wear personal protective equipment and I do not comply, NIKE may determine (at its sole discretion) whether I may participate in the Event.
11. EJECTION FROM EVENT. I understand and acknowledge that: (i) NIKE can at any time refuse to allow me to take part, or cease my participation, in the Event if I do not comply with this Event Waiver or with the instructions of NIKE representatives at the Event; (ii) my participation in the Event cannot be transferred to anyone else and cannot be exchanged for cash; and (iii) NIKE expects that I shall be able to participate with other participants in a safe and peaceful manner and that NIKE has a zero-tolerance approach to physical violence, verbal abuse, racial abuse, discrimination, harassment, hate speech and causing damage to property and that NIKE may, in its sole discretion, refuse to allow me to take part, or cease my participation in the Event if I engage in any such behaviour.
12. CHANGES TO OR CANCELLATION OF THE EVENT. I acknowledge that NIKE reserves the right to change the Event date or make any other amendment to the Event (including the Address at which the Event takes place) that it deems necessary and reasonable. NIKE is under no obligation to hold the Event and may cancel the Event for any valid reason such as lack of participation, challenges in the organization, financial issues etc. NIKE shall have no responsibility for any losses, expenses or costs incurred as a result of amendment or cancellation of the Event, including any travel or accommodation costs.
13. COVID-19. I accept and acknowledge that NIKE may introduce guidance and/or policies from time to time designed to reduce the risk of transmission of COVID-19, however, it is not possible to eliminate that risk entirely. I assume the risk of suffering an illness or fatality related to COVID-19 as a result of my participation in the Event, and agree (on my own behalf, and on behalf of my heirs, executors, administrators, estate, insurers, successors and assigns) that I shall hereby fully and forever release and discharge the Released Parties from and against any and all liability, claims, causes of action, costs, losses, damages or proceedings whatsoever arising out of or in connection with my participation in or attendance at the Event (save for my death or personal injury or any other damage resulting from the willful conduct or gross negligence of the Released Parties, to the extent such cannot be excluded by applicable law).
14. ASSIGNMENT. I agree that NIKE may assign the rights granted to it under this Event Waiver to any third party as it sees fit.
15. VALIDITY. If any portion of this Event Waiver is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Event Waiver supersedes any oral or written statements made by or to me in connection with the Event. The invalid and unenforceable provision shall be replaced with a valid provision which is as similar as possible in substance to the invalid or unenforceable provision. I understand that I cannot terminate, cancel, or revoke this Event Waiver for any reason.
16. GOVERNING LAW, JURISDICTION AND DISPUTE SETTLEMENT. This Event Waiver and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the jurisdiction of the Participant’s residence.Any dispute or claim shall be resolved in the competent courts of Amsterdam, The Netherlands.