RELEASE AND WAIVER OF LIABILITY Sports Authority Football Field Day

Transcription

1 ATTENTION: Please print all waivers and bring signed and completed waivers to the event. Individuals without signed waivers will not be able to participate in event. RELEASE AND WAIVER OF LIABILITY Sports Authority Football Field Day This Release is by the party signing below (herein referred to as Releasor ), and is given to USA Football, Inc., a not for profit 501(c)(3) corporation ( USAF ), the National Football League, its member professional football teams and clubs, NFL Properties LLC, NFL Ventures, L.P., the NFL Foundation, and its member institutions, event sponsors (including all vendors appearing at the Event), TSA Stores, Inc., d/b/a Sports Authority and its subsidiaries, affiliates, officers, directors, agents, representatives, and employees, and the owners and operators of the facilities which host the Sports Authority Football Field Day and their subsidiaries, affiliates, divisions, officers, agents, board members, employees, staff, sponsors, agents, legal representatives, administrators, assigns, heirs, executors, those for whom USAF is acting and those acting with USAF s authority and permission (collectively as Releasees ). THE TERMS OF THIS RELEASE ARE CONTRACTUAL AND NOT A MERE RECITAL. Releasor, being of lawful age, in consideration of being permitted to participate in the Sports Authority Football Field Day event ( Event ), hereby releases and discharges Releasees from all present and future liabilities, debts, obligations, costs, expenses, damages, losses, charges, judgments, executions, liens, claims, demands, actions or causes of action of whatever nature or description, in equity or at law, which the Releasor or family, estate, heirs, representatives, executors, administrators, successors or assigns (collectively, Related Parties ) may have, whether known or unknown, suspected or unsuspected, asserted or not asserted, arising out of participation by the Releasor in the Event. The Releasor understands, acknowledges and accepts that this Release and Waiver is intended to be binding on the Releasor and the Releasor's Related Parties. The Releasor further understands, acknowledges and accepts that participation in the Event involves certain inherent risks, including, but not limited to, property damage and serious bodily injury (including death), and agrees that the Releasor is voluntarily participating in the Event with full knowledge of the risks involved and accepts all risks of participation. The Releasor declares that the Participant is physically fit and has the requisite skill level to participate in the Event. The Releasor authorizes USAF and/or a party designated by USAF to provide medical treatment to the Releasor, at the Releasor s cost, should the need arise. The Releasor understands, acknowledges and accepts that he or she must provide his/her own medical insurance. The Releasor further grants the Releasees the right, but does not otherwise impose the obligation, to photograph, videotape and/or otherwise use the Releasor s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials, free of charge without reservation or limitation. The Releasor understands, acknowledges and accepts that this Release and Waiver of Liability is intended to be as broad and inclusive as permitted by the laws of the state in which the Event is taking place and agrees that if any portion of this Release and Waiver of Liability is invalid, the remainder will continue in full legal force and effect. Participant Name (please print): Parent Signature: Date: Parent Name (please print): Address: City: State: Zip:

2 Phone: EMERGENCY CONTACTS Primary Contact Name: Phone: Secondary Contact Name: Phone:

3 DENVER BRONCOS/STADIUM MANAGEMENT COMPANY, LLC. Sunday, June 29 th, 2014 Sports Authority & USA Football Field Day RELEASE AND INDEMNIFICATION Stadium Field Activities (List Parent/Guardian & Minor) Desires to have access to and use the field at Sports Authority Field at Mile High ("Stadium") in conjunction with an Event it has scheduled on the date(s) specified below for the following purpose: Field Activity ("Activity"). In consideration of the User's use of the football field at the Stadium, User hereby agrees as follows: 1. Date(s) Sunday, June 29 th, 2014 (event day) 2. Release and Indemnification. Being fully aware that the use of the field at the Stadium for the Activity may result in exposure to a substantial and serious risk of personal injury or death for the participants, User hereby COMPLETELY AND UNCONDITIONALLY RELEASES AND FOREVER DISCHARGES AND AGREES TO INDEMNIFY AND HOLD HARMLESS, Stadium Management Company, LLC, a Colorado limited liability company; PDB Sports, Ltd., a Colorado limited partnership, d/b/a Denver Broncos Football Club, Fun Productions, the Metropolitan Football Stadium District, their owners, officers, employees, agents, representatives, successors, and assigns (individually and jointly referred to herein as the "Releasees and Indemnities") from any and all liabilities, losses, claims, demands, damages, causes of action, costs and expenses (including without limitations, attorneys' fees) that, directly or indirectly, arise out of or are in connection with any loss, damage or injury (including death) occurring in connection with the Activity or any related use of the field or Stadium by User or any of its employees, guests, minor children, or invitees, including any such loss, damage or injury to the extent caused by the NEGLIGENCE or WILFUL MISCONDUCT of the Releasees or Indemnitiees or any of their owners, officers, employees, agents or representatives, or otherwise. 3. Authority. This Release and Indemnification has been duly and validly executed on behalf of User. 4. Assurances. User hereby acknowledges, represents and affirms that User possesses full power, authority, capacity and right without limitation to execute and deliver this Release and Indemnification, and that User has carefully and fully read this Release and Indemnification and understands the terms and conditions hereof. 5. Partial Invalidity. If any provision of this Release and Indemnification shall be held invalid or unenforceable, the remainder of this Release and Indemnification shall not be affected thereby, but shall continue to be valid and enforceable to the fullest extent permitted by law. 6. Binding Effect. This Release and Indemnification shall be binding upon User and User's heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, User has voluntarily executed and delivered this Complete Release and Indemnification this Sunday, June 29 th, 2014 (event date) Parent/Guardian/Adults over the age of 18 Signatures: Signature: Print: Children s Names (under 18): INVE1A.REL 1

4 Amateur Athlete Questionnaire and Consent Form Important Information: In order to protect amateur sport eligibility, it is Factory Design Lab s, on behalf of Sports Authority policy not to hire anyone in the 8 th grade through college who plays, or plans to play, on a school sports team. This questionnaire and consent form provides information to Factory Design Labs so that it may consider these restrictions when evaluating possible persons for inclusion in a Sports Authority advertisement/marketing materials. In addition, if Factory Design Labs determines that you are eligible to receive compensation (including, but not limited to cash or Sports Authority products product from Sports Authority for participation in an advertisement/marketing you must agree that Sports Authority will not be held responsible for any consequences resulting from that decision. A final decision about whether you/your child is cast in an advertisement or marketing materials shall be made by Factory Design Labs in its sole and exclusive discretion and shall be subject to you signing on you/your child s behalf on a separate agreement. This questionnaire and consent form is not a job offer or an agreement. This form must be completed in full so that Factory Design Labs can consider further you/your child for participation in an advertisement or marketing materials. No oral statements made by Factory Design Labs or its representatives shall be considered a job offer or an agreement. Questionnaire: AHTLETE S FIRST AND LAST NAME: 1. Do you currently participate in any High School Sports? If so, please list them: 2. Do you currently participate in any club team sports? If so, please list them: 3. Do you currently participate in any college sports? If so, please list them, including division: 4. Do you plan to go to college? 5. If you plan to go to college, do you plan to play varsity sports? Where do you plan to go to college? 6. When do you plan to go to college? 7. Have you ever received any sports awards? If so, please list them: 8. Are you considered the star of your team? If so, which team(s)?

5 9. Do you hope to play in the Olympics? If so, which sport(s)? 10. What is the name of your High School or College? 11. What city is your school located in, and what school district? 12. What is your date of birth? 13. What grade of school or year of college are you in?

6 Amateur Athlete Questionnaire and Consent Form CONSENT FORM: Please determine whether your child (or yourself, if age 18 or older) falls under Section A or B. Then, check the appropriate box only within that section. You should check only one box on this page. Please also fill in the information and sign at the bottom of this page. SECTION A: ONLY FOR STUDENTS IN THE 7 TH GRADE AND UNDER: If your child plans to participate in high school, college or university sports, receiving compensation for participation in this advertisement/marketing materials and using athletic ability and/or skill could affect your child s eligibility in the future. This means that if your child desires to play sports at a high school, college or university, he or she may have to pay back any monies received for appearing in the ad and/or may forfeit his/her ability to play on a high school or college team. In most cases, participation in this advertisement/marketing materials will not affect your child s eligibility as long as no compensation is received. Box #1: [X] I have read and understand the above and opt NOT to receive compensation Box #2: [ ] I have read and understand the above and have elected for my child to receive compensation for this performance. I agree to hold harmless and its employees and agents, from any liability with respect to my child s eligibility to participate in school sports. SECTION B: ONLY FOR STUDENTS IN THE 8 TH GRADE AND WHO ARE NOT CURRENTLY PLAYING SCHOOL OR OTHER AMATEUR SPORTS AND HAVE NO PLANS TO PLAY ON SUCH A TEAM IN THE FUTURE High School associations and NCAA rules on amateurism prohibit a person from accepting compensation for appearing in an advertisement/marketing materials in a sports capacity. We suggest you also check with any local team organizations with respect to similar amateur prohibitions. If your child/you currently participates or plans to participate in school or other amateur sports, receiving compensation for participation in this advertisement/marketing materials and using athletic ability and/or skill will most likely affect your child s/your eligibility now and in the future. This means that your child/you may not be able to continue playing on his or her/your team and may forfeit his or her/your ability to play on a college/university team. BOX #3: [ X] I have read and understand the above and my child/i opt NOT to receive compensation. BOX #4: [ ] I have read and understand the above and have elected for my child/me to receive compensation for this performance. My child/i am not currently playing school/amateur team sports and my child/i have no plans to play on such a team in the future. My child/i agree to hold harmless and its employees and agents from any liability with respect to my child s/my eligibility to participate in school sports. Actor s Name: Actor s Signature if 18 or older: Parent s Name if Actor is under 18: Parent s Signature if Actor is under 18: Date: Address: Home Phone: Cell Phone: Work Phone:

7 NON-S.A.G. PERSONAL APPEARANCE RELEASE This Personal Appearance Release (the Agreement ) is made this 29 day of June, 2014 (the Effective Date ). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, [GRANTOR], with an address at [ADDRESS] ( Grantor ) hereby grants to [PRODUCTION COMPANY], with an address at [ADDRESS] (the Company ) and its successors, licensees, assignees and such other parties as the Company may designate, the following rights for use in connection with an audiovisual work tentatively entitled Sports Authority Football Event (the Work ): For good and valuable consideration, Grantor hereby irrevocably grants to Company the right to record, photograph, visually identify or otherwise use, reproduce and edit in as many versions as desired Grantor s voice, performance, appearance, likeness, photograph, name and/or biography (collectively, Grantor s Appearance ) on film, video and/or audio tape, still photography and/or otherwise (collectively, the Recording ), to own the Recording exclusively as a work-for-hire for copyright purposes (such Recording having been specially ordered or commissioned by Company for use as part of the Work), to incorporate the Appearance and/or the Recording into the Work, and to exhibit, distribute, transmit and/or otherwise exploit the Appearance and/or the Recording, edited or altered in as many versions a Company may see fit, in connection with the Work and in any related or derivative versions and/or uses of the Work (including, without limitation, any serialization(s), translation(s) and/or adaptation(s) thereof), in any and all media now or hereafter known or devised and by any and all means now or hereafter known or devised, and in advertising, marketing, promotion and/or publicity in connection therewith. The rights granted herein (the Rights ) are granted forever and throughout the universe. No compensation other than the Release Fee specified herein, if any, will be payable to Grantor at any time in connection therewith. Grantor will have no right of consultation or approval in connection with the Rights or the Appearance. Company will own all right, title and interest, including without limitation copyright rights, in and to the Work in any and all media now or hereafter known or devised throughout the universe in perpetuity, to be used and disposed of without limitation as Company will in its sole discretion determine. Grantor represents and warrants that he, she or it is the owner of all right, title and interest to the Appearance, and that Grantor has the full right and authority to enter into this Agreement and no approvals and/or licenses are necessary from any other party to grant Company s use of the Appearance as granted herein. Grantor s grant of the Rights will not conflict with or violate any commitment, Agreement or understanding Grantor has or will have to or with, nor infringe upon any right of, any person or entity. Grantor shall at all times defend, indemnify and hold harmless Company, its parent, subsidiary and affiliate organizations, and their employees, agents, successors and assigns from and against any and all claims, actions, damages and losses, liabilities and expenses, including reasonable attorneys fees, arising out of or caused by the breach of any of the representations, warranties, undertakings and Agreements made by Grantor hereunder. Company may assign this Agreement and any or all of its rights and obligations to any party or entity. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, as applicable. Grantor s sole remedy for a breach of this Agreement by Company is an action at law for money damages, and Grantor shall not have the right to enjoin, restrain or otherwise interfere with the distribution or other exploitation of the Work or its advertising or publicity. No casual or inadvertent failure by Company to comply with the provisions of this Agreement (other than any provision requiring payment of money) shall constitute a breach, provided however that upon receipt of written notice by Company, Company shall use commercially reasonable efforts to cure such failure. Nothing contained herein shall require Company to make or distribute or exhibit the Work, or to use the Appearance in connection with the Work.

8 The persons signing this Agreement on behalf of Grantor and Company respectively represent and warrant that they have been granted all necessary right and authority to sign on behalf of their respective parties and to so bind that party to this Agreement. This Agreement embodies the entire understanding, written or oral, in effect between the parties relating to the subject matter hereof and supersedes any Agreement, written or oral, that may currently exist between Company and Grantor. This Agreement can be modified only by a written instrument signed by both parties. This Agreement shall be construed and interpreted according to the laws of the State of Colorado. All disputes arising out of this Agreement shall be resolved and adjudicated exclusively in the Federal and State courts located in Colorado and each of the parties hereto hereby irrevocably submits to the exclusive jurisdiction and venue of said courts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. GRANTOR: [name] COMPANY: [Factory Design Labs] Signature: Signature: Name: Name: Title: Release Fee: NO COMPESATION Initial here: PARENT OR GUARDIAN OF GRANTOR UNDER 18 YEARS OF AGE: I represent and warrant that I am a parent or legal guardian of the minor Grantor named above and I hereby agree that the grant and release contained herein binds the Grantor and his/her parents and/or legal guardians to all of the terms hereof. Name: Signature: Date: