en-ZA Waiver - General

PARTICIPANT RELEASE

Please Read Carefully

For purposes of this “Participant Release” document:

“Event” means the “{{EVENT_NAME}}” event being held at {{EVENT_LOCATION}} on {{EVENT_DATE}}, any transportation to, from and between any NIKE Training Club workout locations (which includes all NIKE and other facilities which are used in relation to the Event), all product testing at any NIKE Training Club workout, and all other activities related to any NIKE Training Club workout and to my participation in any NIKE Training Club workout.

“NIKE” means NIKE South Africa Proprietary Limited, its affiliates, holding companies, subsidiaries, successors, assigns and licensees, and their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, successors, assigns, and insurers, regardless of their geographic location.

“RELEASED PARTIES” means NIKE and all Event sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event, regardless of their geographic location.

In consideration of the opportunity to participate in the Event, I acknowledge and agree that:

1. ASSUMPTION OF RISK. Participation in or attendance at the Event involves inherent risks and dangers of accidents which may cause personal and bodily injury, disability, death and/or property loss or damage. I have considered the nature and extent of the risks involved, and I voluntarily accept all risks (both known and unknown), including those risks that result from the negligence of the Released Parties and I take full responsibility for my participation in the Event and any activities associated to the Event.

2. ACCEPTANCE OF MEDICAL 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 consent to treatment and agree to pay all costs for such medical care and agree that the Released Parties will not be responsible for any harm, costs or claims of any nature whatsoever arising from such medical care.

3. RELEASE FROM LIABILITY. I acknowledge and accept that neither I, nor my heirs, estate, insurers, successors and assigns, will have any claim against the Released Parties for any direct and/or indirect claims or causes of action I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property and/or any costs or expenses (including administrative penalties I or, to the extent permitted by law, NIKE) of any nature whatsoever relating 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. I also indemnify the Released Parties for any damage or harm I cause to any person or their property, whether intentionally or negligently.

4. AUTHORIZATION TO RECORD AND USE RECORDINGS, NAME AND EVENT INFO. I hereby grant to NIKE permission to film, photograph, video record and otherwise record my image, voice, or any other aspect of the recording at the Event (collectively the ‘Recording’) and the licence/right, throughout the world, to register for copyright (or any other intellectual property rights), to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), in all media and in any manner either known presently or developed in the future, in connection with the Event or otherwise without any additional consideration. I will have no right of approval and no legal claim arising out of any use or editing of the Recording or my name. If applicable, I hereby grant NIKE a licence/permission to display my name, Event standings and results, in any media and in any manner now known or hereafter developed. NIKE will 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 Participant Release. All rights granted to Nike in this Participant Release will apply forever and be free of any royalty fees.

5. LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. I hereby grant to NIKE a license/right to use all comments, feedback and ideas I may share with NIKE, 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. All rights granted to Nike in this Participant Release will apply forever and be free of any royalty fees.

6. ARBITRATION. In the event of any dispute between me and any of the Released Parties, such dispute will be settled by arbitration administered by the Arbitration Foundation of South Africa. The hearing will be conducted in Johannesburg, South Africa unless both parties consent to a different location and this Participant Release will be governed by South African law, without reference to its conflicts of law principles. The decision of the arbitrator will 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. This clause does not take away my right to approach any competent regulator in the event of a dispute.

I HAVE READ THIS PARTICIPANT RELEASE, AM OVER THE AGE OF 18, FULLY UNDERSTAND AND AGREE TO ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY AGREEING TO IT. I AGREE TO THIS PARTICIPANT RELEASE FREELY AND VOLUNTARILY, WITHOUT ANY UNDUE INFLUENCE OR FORCE.

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PARTICIPANT SIGNATURE                                                PRINT NAME                                                                  DATE SIGNED 

I am the parent or legal guardian of the above-named participant, and I agree that the participant may take part in the Event and that all references to I and me in this Participant Release will include my parent(s) and guardian(s). I understand that transportation may be provided, and, in the event transportation is provided, I consent to the participant taking the bus, car or other vehicle provided. On behalf of the participant, I hereby irrevocably and unconditionally (1) agree to all of the terms of this Participant Release, and (2) authorize NIKE to arrange for any necessary medical treatment for Participant. I also, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge 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, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.

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PARENT OR GUARDIAN SIGNATURE                                 PRINT NAME                                                                  DATE SIGNED

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PARENT OR GUARDIAN SIGNATURE                                 PRINT NAME                                                                  DATE SIGNED