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PARTICIPANT RELEASE

PLEASE READ CAREFULLY

IMPORTANT NOTICE FOR AMATEUR ATHLETES Entrants are responsible for ensuring that their use of or participation in the activities of this Retail Experience does not affect their eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. 

NIKE IS NOT RESPONSIBLE OR LIABLE FOR YOUR PARTICIPATION IN THIS RETAIL EXPERIENCE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

For purposes of this “Participant Release” document, “Retail Experience” means the various trialing opportunities and experiences being offered at the Nike Retail Store location on each day of my participation, any and all transportation to, from and between Retail Experience locations, all product testing at the Retail Experience, and all other activities related to the Retail Experience and to my participation in the Retail Experience. The Retail Experience is organized by Nike European Operations Netherlands B.V. whose registered offices are located at Colosseum 1, 1213NL, Hilversum, The Netherlands (“NIKE”). I am age 18 or over and wish to participate in the Retail Experience. In consideration of the opportunity to participate in the Retail Experience, I, the undersigned participant, acknowledge and agree that:

1.  ASSUMPTION OF RISK: NIKE has made no representation to me as to the suitability, condition, or safety of the Retail Experience venue and I acknowledge that participation in the Retail Experience may involve risks and dangers of accidents, personal and bodily injury and property loss or damage. I confirm that I am in good health and have no medical or health condition that could endanger or limit my ability whilst participating in the Retail Experience.  I understand and have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume these risks. In addition, I agree to comply with the reasonable instructions of the Retail Experience leaders during the course of the Retail Experience.

2. INSURANCE:  I understand that NIKE does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, loss or damage that may arise in connection with my participation in the Retail Experience.  I agree that if I become ill during or after an Retail Experience and receive medical attention or treatment from the Retail Experience medical personnel provider, or any doctor or hospital, I authorize such persons to provide their details (including details of medical treatment given to me) to NIKE and or others authorized by NIKE to collect such information, subject to maintaining appropriate medical confidentiality, to enable NIKE to prepare a report of the incident and retain such report for internal purposes only.  

3. INDEMNITY: To the maximum extent permitted by applicable law, I hereby irrevocably and unconditionally agree to hold harmless, indemnify and reimburse NIKE from and against any claim, sum, costs, damages or expenses (including reasonable legal fees) arising in connection with any accident, loss or damage arising out of my attendance or participation in the Retail Experience. 

4. LIABILITY:  To the maximum extent permissible under law, I agree that any liability of NIKE relating to my participation in the Retail Experience is excluded, except in case of negligence or wilful misconduct. 

5. FILM AND VIDEO RELEASE: I acknowledge and agree that NIKE, its associates, affiliates, subsidiaries, licensees, agents, successors, assigns and commercial partners authorized by NIKE (collectively, “NIKE Group”), may be filming, photographing or otherwise recording my attendance of the Retail Experience and any related activities for advertising, promotional, commercial and/or for NIKE internal purposes.  I hereby grant the NIKE Group the right to use for the maximum time allowed by the laws, regulations and treaties in force, throughout the world and without any compensation, any photograph, video, image or other recorded media or likeness of me for the purpose of advertising, promotion, or any other commercial purpose in connection with the promotion of the Retail Experience or future events, in NIKE campaigns and/or for other NIKE promotional activities. I also hereby grant NIKE permission to display my name, image, Retail Experience standings and results, both during the Retail Experience and in any media and in any manner now known or hereafter developed. 

6. 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. 

7. NIKE'S RIGHT TO REFUSE ENTRY: I understand and acknowledge that NIKE shall at all times be entitled to refuse my attendance at, and/or my participation in Retail Experience activities in the event I do not comply with this agreement or with the directions of NIKE staff or representatives at the Retail Experience. 

8. PERSONAL DATA PROTECTION: In order to participate in the Retail Experience, you will supply personal information about yourself or personal information may be processed by virtue of your participation. This includes the personal data included in this form, in connection with your registration and other personal data processed through the Retail Experience itself. NIKE will process this personal information for the purposes of administering the Retail Experience and for the specific purposes described in this consent form in accordance with applicable data protection and privacy law. Nike will transfer your personal information to Nike Inc. based in the United States of America and to other Nike Group companies located outside of the European Economic Area and Switzerland. 

By signing below, I hereby consent to the processing and transfer by NIKE of my personal information outside of the European Economic Area and Switzerland. More information on how your personal information is processed can be found at NIKE Privacy and Cookie Policy which can be found at {{agreement:privacyPolicy:NIKE Privacy and Cookie Policy}}. You have a right to access, rectify and delete personal information processed by NIKE. You may exercise these rights by sending an email to: privacy@nike.com

9. NON TRANSFERABLE: I understand that my participation in the Retail Experience is non-transferable and is not redeemable for cash.

10. VALIDITY: If any clause in this agreement is held, in part or in full, to be invalid or unenforceable for any reason, the validity of the remaining clauses of this agreement shall not be affected, and they shall continue to be valid and enforceable. The invalid or unenforceable provision shall be replaced with a valid provision which is as similar as possible in substance to the invalid or unenforceable provision. This form supersedes any oral or written agreement made previously in relation to the Retail Experience.

11. JURISDICTION AND INTERPRETATION: This agreement and any disputes arising in connection thereto shall be governed by and construed in accordance with the laws of the jurisdiction of the participant’s residence.

 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 RETAIL EXPERIENCE

  I CONSENT TO NIKE’S PROCESSING AND USE OF MY PERSONAL INFORMATION FOR THE SPECIFIED PURPOSE

  I CONSENT TO THE USE OF MY IMAGE AS SPECIFIED ABOVE

SIGNATURE:

DATE:

  I AM UNDER THE AGE OF 18 — I UNDERSTAND MY PARENT/GUARDIAN HAS TO SIGN BELOW

PARENT/GUARDIAN AGREEMENT

I am the parent who has parental authority or the legal guardian of the below-named participant and I agree that the participant may take part in the Retail Experience supervised by a suitable NIKE representative.  On behalf of the participant, myself, the participant’s parents or guardians, heirs, estate, insurers, assigns and anyone else who may make any claim for or on behalf of the participant, I hereby unconditionally:

i.   agree to all of the terms of this agreement;

ii.  agree to cause the participant to comply with the terms of this agreement; and

iii. authorise and permit NIKE, its agents, and Retail Experience personnel to administer emergency first aid to the participant, emergency transportation, and any other emergency medical treatment performed by doctors, paramedics, and other medical personnel (including for the avoidance of doubt any medical test and/or trials) in the event of any accident or injury to the participant that may occur during and/or as a consequence of the Retail Experience.

 I AM THE PARENT WHO HAS PARENTAL AUTHORITY OR THE LEGAL GUARDIAN OF THE BELOW NAMED PARTICIPANT WHO IS UNDER THE AGE OF 18 AND I HAVE READ THE ABOVE CAREFULLY, FULLY UNDERSTAND ITS CONTENT, AND VOLUNTARILY AGREE TO THESE TERMS ON BEHALF OF THE PARTICIPANT. 

NAME OF PARTICIPANT:

 

DATE OF BIRTH OF PARTICIPANT:


NAME OF PARENT OR LEGAL GUARDIAN:


PARENT OR LEGAL GUARDIAN’S PHONE NUMBER:


PARENT OR LEGAL GUARDIAN’S SIGNATURE:


DATE:


Agreement Type: 
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