Participant Release, Waiver of Liability,
Assumption of Risk, and Indemnity Agreement
In consideration of ADIDAS AMERICA, an Oregon company (“ADIDAS”) allowing me to participate in any activities related to the Adidas Recode Running Festival (collectively, with all related activities, the “Activities”), including, without limitation, participation in events, workshops, sessions, parties, and activities, I hereby agree as follows:
I fully understand that participation in the Activities could include, without limitation, physical activity such as using, moving and working with athletic equipment that may or may not be suitable for the Activities; contact with unidentified and unfamiliar persons; traveling to and from various unspecified locations; simultaneously participating in the Activities with other participants; participating in the activities in crowded conditions and/or inclement weather; and being exposed to other known and unknown persons, places, circumstances and conditions. I fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations, places, buildings and/or structures at, on or in which the Activities take place, the conditions in which the Activities take place, or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities. I represent that I understand the nature of the Activities. I further represent that I am participating in the Activities voluntarily as an unpaid participant, and that I am in good health, physically fit and otherwise prepared and able to participate in the Activities.
I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge ADIDAS; each of its licensees and designees (including, without limitation, 772, Inc. (d/b/a Action Marketing Group) (“AMG”)); the owners, lessors, lessees and any other individual or entity with any interest in the locations, places, buildings and/or structures at, on or in which the Activities take place; the federal, state and local governments and governmental authorities in whose jurisdictions the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, sponsors, participating organizations and entities, participating radio and television stations, event and other production companies, fulfillment, advertising and promotional agencies, and vendors and suppliers for the Activities); any sponsors or advertisers of any of the foregoing, any of the respective parents, subsidiaries, affiliates, partners, members, managers, agents, contractors, subcontractors, administrators, volunteers, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, employee or agent of any of the foregoing (each considered one of the “RELEASEES” herein) from any and all liability, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations, (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities, or (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, my “Personal Attributes”). I further covenant not to sue any Releasee or cause any Releasee to be sued regarding any matter released above.
This Participant Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement (this “Release”) has been executed by me with the express intention of affecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state or local laws of similar effect. I intend to relinquish all claims against the Releasees, whether or not known and expressly waive any and all right and benefits conferred upon me by the provisions of Section 1542 of the California Civil Code (or any federal, state or local laws of similar effect), which reads:
“A General Release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the Release which, if known by him, must have materially affected his settlement with the Debtor.”
I agree that as further consideration for being permitted to participate in any of the Activities, I hereby grant ADIDAS and its designees (including, without limitation, AMG) and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize my Personal Attributes captured, photographed or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any consideration or notice to or consent by me or any third party. I hereby forever and irrevocably waive any rights I may have in or to any of the foregoing, and I understand and agree that ADIDAS and its designees (including, without limitation, AMG) are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of my Personal Attributes.
I have read this Release, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, or to rescind, limit or disaffirm this Release. I further agree to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release. If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding, and the remainder of this Release shall remain enforceable to the full extent allowed by law. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the nonprevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release shall be binding upon the undersigned, and his/her successors, assignees, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through me.