en-NZ CXP Release With Signature

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 NIKE event described on the event registration page. For the purposes of this Participant Release, the Event includes 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 online 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. RIGHTS UNDER CONSUMER GUARANTEES. Nothing in this Participant Release excludes any term or guarantee which, under statute, cannot be excluded. E.g. I may have rights under the Consumers Guarantees Act 1993.

5. LIMITS ON EXCLUSION OF LIABILITY.  To the extent permitted under relevant statutes, the liability of the Released Parties (defined in item 7 below) is further limited as specified below.

6. ASSUMPTION OF RISK. I hereby confirm that:

(a)    I am physically and medically fit to participate in the Event; and

(b)    I am not aware of any medical condition, impairment, disease, illness or other reason why I should not participate in the Event.

I further acknowledge and agree that:

(c)    Attendance at and participation in the Event involves inherent risks and dangers of accidents, personal and bodily injury (including death and permanent disability) and property loss or damage. These may result from my own actions or inactions, as well as the actions or inactions of others, the activities, the rules of play, transport between Event locations and the condition of the facilities, equipment and terrain;

(d)   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, and I voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of NIKE and the Released Parties (defined in item 7 below) or others and assume full responsibility for my attendance at and participation in the Event; and

(e)   I consent to treatment in the event of an emergency or other incident  which, in the reasonable judgment of the on-site personnel, I require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless NIKE and the Released Parties (defined in item 7 below) from any costs or claims arising from such medical care.

7. RELEASE FROM LIABILITY.

(a)     I, for myself and on behalf of my heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge NIKE, Inc. and the affiliates and subsidiaries of NIKE, Inc. (including NIKE), their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, successors, assigns, and insurers, all Event organisers, promoters, 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 claims or causes of action I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property relating in any way to the Event, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.

8. 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.

9. ARBITRATION. In the event of any dispute between me and any of the Released Parties, such dispute shall be settled by arbitration administered by the New Zealand International Arbitration Centre under its then-current Arbitration Rules. The heading shall be conducted in Auckland, New Zealand unless both parties consent to a different location. This Participant Release shall be governed by the laws of New Zealand. 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.

10. 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.

11. 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.

12.  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.

13. 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).

14. SEVERABILITY.  I acknowledge and agree that if any part or parts of this Participant Release are held to be invalid or otherwise unenforceable, that part or parts will be void to the extent contrary to applicable law and the rest of this Participant Release will remain in full force and effect.

15. 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:

 

                                                                                                                                                                                                                         

PARENT OR GUARDIAN SIGNATURE                                            PRINT NAME                                                         DATE SIGNED