|
Release of Liability
In consideration of being allowed to participate in any Next Level Athlete, LLC, program, related events and activities, including travel to and from any such event (collectively the “Program”), the undersigned athlete (the “Athlete”, including parent or legal guardian, if required) acknowledges, appreciates, and agrees that:
1. The risk of injury from the activities, including contact with other participants, involved in the Program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist and cannot be completely eliminated; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF INJURIES AND LOSS ARISE FROM THE NEGLIGENCE OF THE RELEASEES or others, and I assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusually significant hazard, condition or activity during my presence or participation, I will remove myself from participation and bring it to the attention of the representative of Next Level Athlete, LLC, immediately; and,
4. Athlete, for themselves and on behalf of Athlete’s heirs, assigns, personal representatives and next of kin, HEREBY RELEASES AND HOLDS HARMLESS Next Level Athlete, LLC, its successors, directors, officers, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used, in any way arising out of Athlete’s participation in the Program (the “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, AND INCLUDING ATTORNEYS’ FEES;
5. In addition to the foregoing release, Athlete agrees to limit the liability of Next Level Athlete, LLC, its successors, directors, officers, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used, in any way arising out of Athlete’s participation in the Program to $1,000.00.
6. If it is judicially determined that any provision of this Agreement is invalid, unlawful, or unenforceable, the parties expressly agree that a court of competent jurisdiction may modify this Agreement to the extent necessary to give effect to the intent of the parties as expressed herein, so that such provision becomes valid, lawful, and enforceable. However, if the court cannot modify such invalid, unlawful, or unenforceable provision so as to make it valid, lawful, and enforceable, then such invalid, unlawful, and unenforceable provision shall not invalidate the whole of this agreement, but rather, the Agreement shall be construed as if it did not contain the provision held invalid, unlawful, or unenforceable, and the rights and obligations of the parties shall be construed and enforced accordingly. The parties expressly agree that this document is to be enforced to the fullest extent permitted by law.
7. The prevailing party in any lawsuit or action to enforce the terms of this Agreement is entitled to recover attorneys’ fees.
Name Likeness and Voice Release
1. In connection with the production of a video currently referred to as a Next Level Athlete Profile or Next Level Athlete DVD. I (the undersigned) hereby agree that Next Level Athlete, LLC may film , videotape, photograph, and record my likeness and voice and that Next Level Athlete LLC shall be the exclusive owner of results and proceeds thereof with the right , forever and throughout the world , to use and edit my likeness and voice, in any and all media, now and hereafter known, including without limitation, theatrical, print, television, radio, and video cassettes, DVD, internet, and CD ROM in connection with the exhibition theatrically, on television or otherwise, of any motion picture, videotape, or other form in which the same may be incorporated and in the advertising, exploitation, sale, publicity and promotion of any such motion picture, videotape or product associated therewith.
2. I hereby release and discharge you, you successors, subsidiaries, assignees, agents, affiliates, licensees, and advertising agencies from any and all claims, demands, or causes of action which I may, at any time, have in connection which the use license of the rights granted herein.
3. I warrant and represent that I have read the forgoing and fully understand the meaning and the effect thereof and, intending to be legally bound
|