PARTICIPANT RELEASE
Please Read Carefully; registration for the Event will be deemed confirmation of your acceptance.
| STUDENT / AMATEUR ATHLETES. I understand and agree that if I am, or may become, a student-athlete I am responsible for my own eligibility and/or amateur standing. I am aware of, and agree to comply with, all applicable rules, regulations, and bylaws of my state/territorial/national association(s), the NCAA or other similar organization that may be applicable to me, and of any other governing body (the “Rules”). I understand the consequences of any failure to comply with the Rules, including but not limited to, loss of my eligibility to participate in future athletic contests in any sport. |
For purposes of this “Participant Release”, “Event” means the event described on the event registration page, scheduled to be held by NIKE Philippines, Inc., and all other activities related to the Event and to my participation in the Event.
In consideration of the opportunity to participate in the Event, I, the participant, acknowledge and agree that:
1. ASSUMPTION OF RISK. I confirm that I am physically and medically fit to participate in the Event. I am not aware of any medical condition, impairment, disease, illness, or other reason why I should not participate in the Event. 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. 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, and I voluntarily choose to assume 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 my participation in the Event. I consent to treatment in the event of an emergency or other incident in 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 the Released Parties from any costs or claims arising from such medical care.
2. RELEASE FROM LIABILITY. I, for myself and on behalf of my heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge NIKE Philippines, Inc., and its parent companies (including without limitation Nike, Inc.) and their affiliates, subsidiaries, 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 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.
3. AUTHORIZATION TO RECORD AND USE RECORDINGS and NAME. I grant to NIKE Philippines, Inc., and its parent companies (including without limitation Nike, Inc.) and their affiliates, subsidiaries, successors, representatives, agents, organizers, contractors, promoters, sponsors, advertisers, assigns, and licensees (collectively “NIKE”) permission to film, photograph, video record, and otherwise record or broadcast (including but not limited to live-stream broadcast to the general public via the internet or to other venues or locations) 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 ‘Material), and the irrevocable right, throughout the world, over the copyright arising from the Material and, where applicable, to register for copyright, and to use, and to assign and/or license others to use all or any portion of the Material (or a reproduction thereof), in all media and in any manner now known or hereafter developed, in connection with the Event or otherwise including without limitation for advertising, promotional or any other commercial 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 Material or my name, image, or likeness, and hereby waive moral rights or other rights that I may have over the Material, if any. 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. I understand NIKE will have photos and/or video from the Event uploaded to a shared photo album which will be accessible to others, including but not limited to all other Event participants, to view, download and share and I expressly consent to any Material of me being included in such shared photo album and the viewing, downloading, and sharing of the same. I warrant and covenant that I will not (i) share my access to the shared album with any other person; (ii) that any photo or image I download from the shared album shall not be used by me or persons acting on my behalf for any commercial purpose; (iii) I shall not distribute any photos that include persons other than myself without first blurring the personal characteristics of any other person captured in the image so as to render them unrecognizable; and (iv) I shall not allow any other person or entity to use any material from the shared album in any manner whatsoever without Nike's prior written consent, which consent NIKE may grant or withhold in its sole discretion.
4. LICENSE TO USE COMMENTS, FEEDBACK, AND IDEAS. I hereby grant to NIKE, a perpetual 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.
5. DISQUALIFICATION. NIKE reserves the right in its sole discretion to disqualify any participant it finds to be tampering with the process or the operation of the Event or to be acting in violation of any terms and conditions of the Event or in an unsportsmanlike or disruptive manner. All decisions made by NIKE with respect to the Event shall be final and binding.
6. ARBITRATION. This Participant Release shall be governed by the laws of Philippines. In the event of any dispute between me and any of the Released Parties (defined above), such dispute shall be settled by arbitration in accordance with the then current Rules of Conciliation and Arbitration of the International Chamber of Commerce. The hearing shall be conducted in Philippines in 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.
7. 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 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 obligations of non-disclosure with respect to NIKE’s proprietary information shall remain in effect for five years from the date I gain access, so long as such information has not entered into the public domain.
8. COLLECTION AND USE OF PERSONAL INFORMATION. I understand and agree that NIKE may collect my personal information, including any of my personal information incorporated in the Material, directly or through its agents or contractors and that attendance at, and participation in, the Event is conditional upon me providing the requested information and by attending and participating in the Event. I consent to the use of my personal information as set out in this Release. I understand and agree that NIKE (i) will use my information to conduct the Event, including without limitation my email address to send me information on how to access photos from the Event; (ii) may record my personal information incorporated in the Material and use the same for the purposes stated in Section 3 above; and (iii) may disclose my personal information to its related companies, agents and contractors to assist in conducting the Event, communicating with me or storing data. This may include disclosures to organizations outside Philippines. I grant to NIKE the right to use my personal information in accordance with its Terms of Use at: {{agreement:termsOfUse:Terms of Use}} & Privacy Policy at: {{agreement:privacyPolicy:Privacy Policy}}. These documents include 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.
9. FURTHER TERMS. I agree to comply with any Event rules and other instructions issued by NIKE, its representatives, or the Event organizers at any and all times during the Event and while on the Event site. 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 registering for the Event, I acknowledge and certify I am over the age of majority (18 years of age or older) and that I have read, understood, accept, and agree to the terms and conditions of this Participant Release (including the Event rules), and understand that I am giving up substantial rights by checking the “accept” button on the registration page. I enter into this Participant Release freely and voluntarily, without any inducement or coercion.