PARTICIPANT RELEASE
PLEASE READ THIS DOCUMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS
If you agree to the terms set out in this document, please check the box indicating your acceptance in the event registration platform. If you are a parent or a legal guardian signing this release on minor’s behalf, then please sign and return it to Nike Australia Pty Ltd (“NIKE”) (unless otherwise specified on the Event registration platform) to indicate your acceptance as specified below.
For the purposes of this “Participant Release”, “Event” means the event specified on the Event registration platform scheduled to be held at the location and at the times indicated, including without limitation any and all transportation to, from and between Event locations, any product testing at the Event, and all other activities related to the Event.
In consideration of the opportunity to attend and participate in the Event, I, the named participant, acknowledge and agree that the following:
1. ACCEPTANCE OF TERMS AND CONDITIONS.
(a) I confirm that I am the minimum age specified on the Event registration platform (if any) or over and I have read this Participant Release and fully understand, agree to and accept the terms and conditions herein.
(b) To the extent that I am under the age of 18 (a “Minor”), I represent that my parent(s) and/or legal guardian(s) have consented to me attending and participating in the Event and all references to “I” or “me” in this Participant Release will include and bind my parent(s) or guardian(s).
(c) I acknowledge that, unless otherwise specified on the Event registration platform, my attendance at and participation in, and eligibility to attend and participate in, the Event is subject to NIKE receiving this Participant Release fully consented to by me (and my parent(s) and/or guardian(s) where relevant).
(d) The Event registration platform may specify that I can indicate my acceptance of the terms and conditions of this Participant Release by “checking” a box during on-line registration. Where this occurs, I understand that checking the box will constitute binding acceptance of this Participant Release by me.
2. ELIGIBILITY TO ATTEND AND PARTICIPATE IN EVENT.
(a) I acknowledge that NIKE and/or the Event organiser reserve the right to request verification of age, identity, residential address, and any other information from me (and for Minors, their parents/guardians) relevant to my registration for, attendance at, or participation in, the Event. Verification is at the discretion of NIKE and/or the Event organiser whose decision is final.
(b) I acknowledge that NIKE and the Event organiser reserve the right to refuse my entry or to eject me from the Event if I provide false information, fail to provide required information, or if I am otherwise involved in manipulating, interfering with or disrupting, the Event (or if I attempt to do so).
(c) I acknowledge that attendance at, and participation in, the Event may be subject to additional conditions and requirements imposed by the Event organiser.
(d) I understand that registration for the Event may be subject to position availability and in these circumstances, I will be informed by NIKE or the Event organiser prior to the Event if my registration has been successful.
3. ALTERATIONS TO, CANCELLATION OF, OR NON-ATTENDANCE AT, EVENT. To the maximum extent permitted by law, NIKE and/or the Event organiser reserves the right to modify, suspend, cancel or terminate the Event, in whole or part, at its discretion without any further obligation or liability. I understand that my attendance at and participation in any or all activities forming part of the Event is voluntary. I understand I am responsible for all costs associated with my attendance at the Event, including travel costs to and from the Event location, unless otherwise advised by NIKE or the Event organiser in writing.
4. AUTHORIZATION TO RECORD AND USE RECORDINGS and NAME.
(a) For this item, “NIKE Grantees” collectively means NIKE, Inc., its affiliates, subsidiaries (including NIKE), and their respective successors, assigns, and licensees.
(b) I hereby give permission to the NIKE Grantees to film, photograph, video record, and otherwise record and to publish, communicate to the public and broadcast (including but not limited to live-stream broadcast to the general public via the internet or to other venues or locations) me and my image, voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, likeness or any other aspect of my attendance at and participation in the Event (collectively the”Recording”).
(c) I also hereby grant the NIKE Granteesthe irrevocable right to use (and to assign and/or permit others to use) all or any part of the Recordings in all media and in any manner. These rights extend to use of the Recordings anywhere in the world, for an unlimited duration, and for any purpose (including in connection with the Event and any other commercial purposes, such as advertising and promotion).
(d) I acknowledge and agree that:
(i) I will not receive any compensation or payment for the NIKE Grantee’s use of the Recordings;
(ii) NIKE Grantees have no obligation to use any of Recordings;
(iii) I will have no right of approval and no legal claim arising out of any use or editing of the Recording or my name, image or likeness; and
(iv) it is not necessary for NIKE Grantees to obtain permission from or to pay any third party in connection with the rights granted in this item.
5. LICENCE TO USE COMMENTS, FEEDBACK AND IDEAS. I hereby grant to NIKE Grantees a perpetual licence to use all comments, feedback and ideas I may share with them, without notice, compensation or acknowledgement to me, for any purpose, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying or improving products and services.
6. CONFIDENTIALITY. I understand that, during the Event, I 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 such information is and shall remain the property of NIKE and may not be used, copied or distributed to third parties, without NIKE’s express prior written consent. My obligations of non-disclosure with respect to NIKE’s information shall remain in effect for five years from the date I gain access, so long as such information has not entered the public domain.
7. COLLECTION AND USE OF PERSONAL INFORMATION. NIKE may collect your personal information directly or through its agents or contractors. Attendance at, and participation in, the Event is conditional upon you providing the requested information and by attending and participating in the Event you consent to the use of your personal information as described below. NIKE will use your information to conduct the Event. NIKE may disclose your personal information to its related companies, agents and contractors to assist in conducting the Event, communicating with you or storing data. This may include disclosures to organisations outside Australia, including in the United States. I hereby grant to NIKE the right to use my information in accordance with its {{agreement:privacyPolicy:Privacy Policy}}. This document includes information about: (i) how to seek access to the personal information NIKE holds about you and seek correction of the information; and (ii) how to complain about a privacy breach and how NIKE will deal with such a complaint.
8. RIGHTS TO REGISTRATION. By registering for the Event, I grant NIKE Grantees the unconditional and perpetual right and permission to reproduce, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use my registration (with or without using my name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from me or any other party. To the fullest extent permitted by law, by submitting a registration, I further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against NIKE Grantees or any other person, on the grounds that any use of the registration, or any derivative works, infringe any of my rights in the registration, including, without limitation, copyright. I further acknowledge that NIKE Grantees is in no way obligated to publish or use my registration in any way (other than for the purposes of administering the Event, provided that the registration is eligible).
9. FURTHER TERMS. I agree to comply with any Event rules and other instructions issued by NIKE, its representatives or the Event organisers at any time during the conduct of the Event. I agree that I will not do anything that may compromise or endanger the health, safety or lives of any person (including myself) attending or participating in the Event or do anything that may damage the property of another person. I agree not to do anything which may adversely affect, prejudice or bring into disrepute the reputation of NIKE or the Event. I acknowledge and accept that NIKE, its representatives or the Event organizers may remove me from any Event venue immediately at any stage if I fail to comply with the terms of this Participant Release or otherwise act inappropriately, and I will not be entitled to any refund in relation to any amounts paid by me to attend or participate in the Event. I acknowledge that my attendance at and participation in the Event is not transferable to any other party.
By checking the box on the event registration platform and registering for the Event, I acknowledge that I have read, understood, accept and agree to the terms and conditions of this Participant Release, and understand that I am giving up substantial rights by accepting this Participant Release. I accept these terms and conditions freely and voluntarily, without any inducement or coercion
IF THE PARTICIPANT IS A MINOR (UNDER 18 YEARS OF AGE), A PARENT OR LEGAL GUARDIAN MUST READ, SIGN BELOW AND RETURN TO NIKE:
I am the parent or legal guardian of the above-named participant (“Participant”), and I agree that the Participant may attend and take part in the Event and that all references to “I” and “me” in this Participant Release will include and bind me, as the undersigned parent or legal guardian. I understand that it is a condition of entry by the Participant to the Event that: (1) the Participant must be the minimum age specified on the Event registration platform (if any) or over at the time of registration; and (2) a signed copy of this Participant Release must be provided to NIKE prior to entry. By signing below, I acknowledge and agree to the terms of this Participant Release.
PARENT OR GUARDIAN SIGNATURE: _____________________________________________________________________________
PRINT NAME: ___________________________________________________________________________________________________
DATE SIGNED: __________________________________________________________________________________________________