NIKE EVENT WAIVER FORM
This agreement (the “Event Waiver”) confirms the terms which apply to participation in the Event by you (if over 18), or your child (if under 18) (the “Participant”).
OVERVIEW
|
NAME:
|
CONTACT DETAILS (insert contact details of parent or guardian if under 18) ADDRESS:
CONTACT TELEPHONE NUMBER:
EMAIL ADDRESS:
|
|
|
DATE OF BIRTH:
|
||
|
NAME OF PARENT OR GUARDIAN (if under 18):
|
||
|
NAME OF EVENT (“Event”) |
|
|
|
EVENT DATE(S) |
|
|
|
ADDRESS OF EVENT (“Address”) |
|
|
|
START TIME OF EVENT |
|
|
|
END TIME OF EVENT |
|
|
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, in which I wish to take part. In consideration of the opportunity to take part in the Event, I (or my parent or guardian on my behalf if under 18) agree to the terms and conditions set out in this Event Waiver. Participants in the Event are required to assume all risks of taking part by agreeing to this Event Waiver.
2. ASSUMPTION OF RISK. NIKE has made no representation to me as to the suitability, condition or safety of the 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 NIKE or 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. 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 resulting from the 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 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, livestream and otherwise record my image, voice, or any other aspect of the recording at the Event (collectively the “Recording”). I hereby assign 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, and grant to NIKE an irrevocable, royalty free licence (together with all further consents necessary, including without limitation those under the Copyright Designs & Patents Act 1988 and any successor thereof) 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 shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name or image. I irrevocably and unconditionally waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction. 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 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 refusal of 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. I understand and acknowledge that my participation in the Event cannot be transferred to anyone else and cannot be exchanged for cash.
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 that it deems necessary. NIKE is under no obligation to hold the Event and may cancel the Event for any reason. 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. ASSIGNMENT. I agree that NIKE may assign the rights granted to it to any third party as it sees fit.
14. 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. I understand that I cannot terminate, cancel, or revoke this Event Waiver for any reason.
15. GOVERNING LAW AND JURISDICTION. 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 Event and the parties irrevocably submit to the exclusive jurisdiction of the courts of the jurisdiction of the Event.
DATA PROTECTION NOTICE
For the purposes of this Event Waiver, the data controller is the NIKE entity referenced above. In completing the Event Waiver and participating in the Event, you will provide NIKE with certain personal data, including your image, contact details and personal details associated with the Event. You understand and acknowledge that by completing the Event Waiver and ticking the box to state that you agree with this Data Protection Notice, you give consent for NIKE to process your personal data. NIKE processes the personal data to administer the Event and use the captured footage across its platforms, as well as to handle queries and other follow-up matters after the Event.
NIKE may share your personal data with third parties to process the data on NIKE’s behalf. When using third parties to process data, NIKE will require the third parties to implement appropriate measures to protect your personal data. NIKE may transfer or store the personal data collected and processed as part of the Event outside of the EEA or Switzerland. When doing so, NIKE will ensure that your personal data transferred to these countries receives adequate protection in accordance with data protection rules.
NIKE will process your personal data at all times in accordance with applicable data protection legislation. For more detailed information on how NIKE will process your personal data, and your rights, please visit the NIKE Privacy Policy, which is available at {{agreement:privacyPolicy:Privacy Policy}}. To exercise your rights of access, deletion, or correction please use the WebForm. If you have specific questions related to the processing of personal data, please email the Privacy Office at privacy@nike.com.
|
NAME OF EVENT:
|
DATE(S) OF EVENT:
|
Please sign below:
I HAVE READ THE ABOVE CAREFULLY, FULLY UNDERSTAND ITS CONTENT AND VOLUNTARILY AGREE TO ITS TERMS
I ACCEPT THE TERMS AND CONDITIONS OF PARTICIPATION IN THE EVENT
I CONSENT TO NIKE’S PROCESSING AND USE OF MY PERSONAL INFORMATION IN LINE WITH THE DATA PROTECTION NOTICE
I CONSENT TO THE USE OF MY IMAGE AS SPECIFIED ABOVE
|
FULL NAME:
|
SIGNED:
DATE: |
PARENT/GUARDIAN AGREEMENT
IF THE PARTICIPANT IS A MINOR, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN MUST READ AND SIGN BELOW:
I am the parent or legal guardian of the above-named participant, and I agree that the Participant may take part in the Event. I, and on behalf of the Participant, hereby irrevocably and unconditionally agree to all of the terms of this Event Waiver. I, and on behalf of the Participant and the Participant’s heirs, executors, administrator, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Released Parties (defined above) from and against any and all liability, claims, causes of action or costs whatsoever arising out of or in connection with the Event (save for the Participant’s death or personal injury resulting from the negligence of the Released Parties).
I AM THE PARENT THAT HAS PARENTAL AUTHORITY OR AM THE LEGAL GUARDIAN OF THE PARTICIPANT WHO IS UNDER THE AGE OF 18 AND I HAVE READ THE TERMS AND CONDITIONS ABOVE CAREFULLY, FULLY UNDERSTAND ITS CONTENT, AND ON BEHALF OF THE PARTICIPANT
I ACCEPT THE TERMS AND CONDITIONS OF PARTICIPATION IN THE EVENT
I CONSENT TO NIKE’S PROCESSING AND USE OF THEIR PERSONAL INFORMATION IN LINE WITH THE DATA PROTECTION NOTICE
I CONSENT TO THE USE OF THEIR IMAGE AS SPECIFIED ABOVE
|
FULL NAME OF PARENT OR GUARDIAN (if under 18):
|
SIGNED (parent or guardian signature if under 18):
DATE:
|