REEBOK SPARTAN RACE
SERIES
WAIVER, RELEASE OF LIABILITY, COVENANT NOT TO SUE & IMAGE RELEASE
In consideration of my (“I”, “my” or “myself”) and/or on behalf of my
child/ward’s (each a “Ward”) participation as a competitor, volunteer (or other
staff member) and/or spectator (any of the foregoing, a “Participant”) in a
Spartan Race, Spartan Kids’ Race, Spartan workout or other Spartan-owned,
operated, licensed or sponsored event(s) (any of the foregoing and any
ancillary events/activities/operations related thereto, an “Event”), I, on
behalf of myself and Ward, acknowledge, accept and agree the following:
(1) The risk of serious injury and/or death from the activities involved
participating in any Event, as a Participant, is significant and may include,
without limitation, the following: (i) drowning; (ii) near-drowning; (iii)
sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries, including
burns, heat-related illness and hypothermia; (vii) over-use syndrome; (viii)
injuries involving the acts or omissions of other Event participants or
vehicles; (ix) animal bites and/or stings; (x) contact with poisonous plants;
(xi) accidents involving, but not limited to, paddling, climbing, biking,
hiking, skiing, snow shoeing, travel by boat, truck, car or other convenience,
falling from heights; (xii) heart attack; (xiii) diseases from exposure to
fecal contaminated water or slurry; (xiv) permanent paralysis; and/or (xv)
death. While particular rules, equipment and/or personal discipline may reduce
this risk, the risk of serious injury and/or death does exist.
(2) AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT AN EVENT, ON BEHALF OF
MYSELF AND MY WARD, I (undersigned) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME
AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE
NEGLIGENCE OR ACT OR OMISSIONS OF THE RELEASEES, as hereinafter defined, or
others, and assume full responsibility and all risks for myself and/or my
Ward’s participation in the Event.
(3) I knowingly and voluntarily agree to comply with any stated customary terms
and conditions (which have been made available to me) for Participant’s
participation in an Event. If, however, I observe an unusual and/or significant
hazard during my presence at the Event, I will remove myself or my Ward from
participation and bring such hazard to the attention of the nearest Event
official.
(4) To the fullest extent permissible by applicable law, I, on behalf of
myself, and/or my Ward (if applicable), and our respective heirs, assigns,
spouses, partners, personal representatives and/or next of kin, forever WAIVE,
RELEASE, DISCHARGE and COVENANT NOT TO SUE SPARTAN RACE, INC., REEBOK
INTERNATIONAL LTD., REEBOK INTERNATIONAL LIMITED, NBC SPORTS VENTURES, LLC AND
THE APPLICABLE VENUE OWNER(S) OR OPERATOR(S) and their respective
owners, officers, directors, employees, contractors, representatives,
agents and affiliates and, as applicable, any direct or indirect parent or
subsidiary, predecessor, successor, heir, assign, media partners, associated
charity, sponsor or medical providers of any of the foregoing (collectively,
the “Releasees”) WITH RESPECT TO ANY SUITS, CLAIMS, OR LOSS AND ALL
INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN
CONNECTION WITH MY OR MY WARD’S PARTICIPATION IN THE EVENT, WHETHER ARISING
FROM THE NEGLIGENCE OR WILLFUL CONDUCT OF THE RELEASEES OR OTHERWISE. I
further agree to indemnify, defend and hold harmless Releasees from any loss
liability, cost, claim and/or damages arising from Participant’s participation
in or association with the Event, including, but not limited to, reasonable
attorney’s fees.
(5) I, on behalf of myself, and/or my Ward, attest and verify that: (i) unless
indicated below, I am over 18 years of age and am legally signing on behalf of
myself or, if applicable, Ward; (ii) Participant is free from all illnesses,
injuries and defects that could interfere with his/her safe participation in an
Event; (iii) Participant is physically fit and sufficiently trained to
participate in all activities associated with the Event; and (iv) on the date
of the Event, Participant will possess and be covered by medical/health
insurance, individually or as part of an organization. I acknowledge that
Participant, and I, as Ward’s parent/ legal guardian (if applicable), am aware
and informed of the inherent risks in participating in the Event and that
Participant’s participation in an Event is entirely voluntary.
(6) I, on behalf of myself, and/or my Ward, consent to administration of first
aid and other medical treatment in the event of injury or illness to
Participant in connection with participation in the Event and hereby release
and indemnify Releasees from any and all liability or claims arising out of
such treatment. Furthermore, I understand that Spartan Race, Inc. has
contracted with Global Rescue LLC or other similar providers to provide me or
my Ward with certain medical, advisory, and/or transport services in the event
of an injury or illness during the Event that may require hospitalization. In
such circumstances, any relationship (whether contractual or not) shall be
between such provider and Participant. The Releasees shall have no further
liability in connection with such services.
(7) The Releasees reserve the right, in their sole determination, to postpone,
cancel, or modify the Event due to weather conditions or other factors beyond
the control of the Releasees that might affect the health and/or safety of
Participants. Spartan Race, Inc. will not be obligated to refund any Participant
any registration fees due to a cancelled Event.
(8) I, on behalf of myself, and, if applicable, my Ward, irrevocably grant
unlimited permission to Releasees to use, reproduce, sell, disseminate and
distribute any and all photographs, images, videotapes, motion pictures,
recordings, or any other depiction of any kind of Participant or my or Ward’s
participation in an Event or related activity for any legitimate purpose in
perpetuity and I understand that Participant will not be entitled to any compensation
in connection therewith. I further hereby irrevocably and absolutely
grant permission to the Releasees to film, videotape and record the performance
of the Participant in the Event and subsequently to telecast, sell, distribute
and otherwise utilize the same in whatever manner Releasees shall deem
appropriate. Such permission shall include granting the unlimited and
irrevocable rights to Releasees, without compensation of any kind to
Participant, to use, reproduce or broadcast, Participant’s name, nickname,
image, likeness, voice, photograph, signature facsimile, and biographical
information in connection with the Event. I acknowledge that Releasees shall
have unlimited right throughout the world to copyright, use, reuse, publish,
republish, broadcast and otherwise distribute depictions of or information
about Participant and all or any portion of the Event in which Participant may
appear on any and all radio, network, cable and local television programs and
in any print materials and in any other format or media (including electronic
media) now known or hereafter devised in perpetuity and without compensation to
Participant. In consideration and in return for being allowed to participate in
the Event, Participant releases and agrees not to sue the Releasees from all
present and future claims regarding Participant’s participation in events
organized by the Releasees, including the Event, by Participant and his/her
heirs, assigns, spouses, partners, personal representatives and/or next of kin.
(9) If any of the provisions of this Waiver, Release of Liability, Covenant Not
To Sue & Image Release (“Waiver”) shall be deemed by a court of competent
jurisdiction invalid or unenforceable in any respect, then, to the fullest
extent permitted by applicable law, all other provisions hereof shall remain in
full force and effect.
I HAVE READ AND FULLY UNDERSTAND THIS WAIVER. I UNDERSTAND THAT I HAVE GIVEN
UP, ON BEHALF OF MYSELF AND MY WARD, SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN
IT FREELY AND VOLUNTARILY.
SUBJECT CONSENT AND RELEASE
I (“Undersigned”) hereby irrevocably give this Consent and Release to
Spartan Race, Inc. (“Spartan”), having been informed and understand that
Spartan is producing, has produced or may produce (or is causing, has caused
produced or may cause to be produced) television programs, as well as,
additional content, including but not limited to, content for DVDs, motion
pictures, promotional materials, marketing campaigns, online marketing
materials, websites and advertisements (collectively, the “Content”) and
that Undersigned’s name, biographical information, statements, likeness, image,
voice, interview, appearance and/or performance (collectively, “Likeness”)
has been, is being and/or may be filmed, videotaped, streamed, photographed
and/or otherwise recorded for use in such Content. Undersigned expressly
consents to the use of Undersigned’s Likeness and such consent extends to past
recordings, films, videos, streams and photographs of Undersigned’s Likeness,
as well as, to current and future recordings, films, videos, streams and
photographs of Undersigned’s Likeness for, by or on behalf of Spartan. In
consideration of the above and for other good and valuable consideration, the
receipt of which is hereby acknowledged, Undersigned hereby agrees as
follows:
1. Undersigned hereby authorizes Spartan and its owners, officers, directors,
employees, independent contractors, representatives, affiliates (including
those controlling Spartan and controlled by it), sponsors, partners, distributors,
media partners (including NBCUniversal Media, LLC and its affiliates) and
licensees and the successors, predecessors, heirs and assigns of any of the
foregoing (collectively, the “Covered Entities”), to use, exhibit,
display, stream, transmit, broadcast, publish, modify, edit and license, in all
languages on a world-wide basis, in perpetuity, in any and all manner and
media, now known or hereafter developed, any film/videotape, tape, audio
recordings, footage, photographs, negatives, reproductions and/or otherwise of
Undersigned’s Likeness taken at any time and used at any time as set forth
above, as well as, any personal or other photographs, documents, or other
materials (the “Materials”) Undersigned may have provided to Spartan
(collectively, the “Recordings and Materials”), in whole or in part, in
combination or not with other footage/video, as may be changed, made through
and used in any medium whatsoever (now existing or hereinafter created) and in
all forms of marketing and advertising, in the past, now or at any time in the
future. Undersigned agrees that there shall be no obligation of Spartan to
utilize the Recordings and Materials or Likeness provided through the
authorization granted by Undersigned hereunder.
2. Undersigned does further hereby grant, assign and transfer to the Covered
Entities all rights of every nature relating to the reproduction and use of the
Likeness and the Recordings and Materials, including without limitation, in
connection with the commercial exploitation, distribution and/or exhibition and
any promotion or advertising of the Content, and hereby waives any rights that
Undersigned may have, including any right to inspect or approve the
reproduction and use of the Recordings and Materials or Likeness. Undersigned
further agrees that any Recordings and Materials created by, for or on behalf
of any of the Covered Entities that incorporates Undersigned’s Likeness are
owned by the Covered Entities and the Covered Entities have the unlimited right
throughout the universe in all languages in perpetuity to modify, edit,
copyright and/or reproduce the Recordings and Materials and Likeness.
Undersigned also consents to the use of Undersigned’s name in and in connection
with the Recordings and Materials.
3. Undersigned expressly acknowledges that Spartan is not a signatory to the
Screen Actors Guild (SAG) or to the American Federation of Radio and Television
Artists (AFTRA) collective bargaining agreements, nor any other union or guild
agreement, and that any television programs or other productions shall
therefore be non-union. The Undersigned represents that he/she is not a member
of SAG or AFTRA and understands and agrees that his/her Likeness and/or
Recordings and Materials will be used in connection with non-union productions.
4. Undersigned does hereby expressly release, discharge and waive the Covered
Entities from all claims, actions, demands, losses and liabilities of any
nature (collectively “Claims”) which may arise from, and covenants not
to make any Claims against the Covered Entities as a result of, any and all
loss or injury caused by or occurring as a result of the exploitation of the
rights granted hereunder, including, but not limited to, claims arising from
damages for libel, defamation, infringement of the right of publicity, invasion
of privacy, portrayal in a false light, false endorsement, public disclosure of
private facts, copyright infringement, unfair competition or any physical
injuries. Undersigned waives the benefits of any statute or law that purports
to limit the effect of this Consent and Release, and waives the benefit of any
provision of law known as “moral rights” or similar laws.
5. Undersigned acknowledges and agrees that Spartan has the right to assign
this Consent and Release to a third party to fully exercise the rights granted
hereunder and that such assignee is considered a part of the Covered
Entities.
6. Undersigned understands and agrees that Undersigned will not be paid for
participating in the Content or for providing Undersigned’s Likeness or
Recordings and Materials. The consideration Undersigned receives in granting
this Consent and Release is the opportunity to participate in the Content.
Undersigned hereby waives any and all rights Undersigned may have to any
compensation hereunder. Undersigned acknowledges that Undersigned is not an
employee of Spartan, nor shall Undersigned be entitled to the benefits, if any,
provided by Spartan to its employees.
7. Undersigned shall not in any way disparage Spartan or otherwise say or do
anything of a derogatory nature regarding Spartan in any of the Recordings and
Materials.
8. Undersigned understands and agrees that Undersigned will not issue, release,
authorize or in any way participate in any publicity, press releases, interviews,
advertisements or promotional activities relating to Spartan, any of the
Content or any confidential information (collectively, the “Publicity
Activities”), other than the Publicity Activities for which Undersigned has
given this Consent and Release for use by the Covered Entities.
9. In no event shall Undersigned be entitled to (a) seek to or obtain
injunctive or other equitable relief in connection herewith or with any of the
Content (or any rights therein, thereto, or in connection therewith) or any
rights granted or agreed to be granted herein, or (b) restrain or otherwise
interfere with the development, production, exhibition, promotion,
distribution, advertising, and/or other exploitation of the Content, any rights
therein, thereto, and/or in connection therewith, or any rights granted or
agreed to be granted herein. Undersigned irrevocably waives any right to
equitable or injunctive relief.
10. Undersigned represents and warrants that he/she has the legal right to
grant this Consent and Release and that he/she owns or controls all rights in
the Materials, and that he/she is unaware of any person whose interests may be
adversely affected by use of the Recordings and Materials. This Consent and
Release does not conflict in any way with any existing commitments or other
representations on Undersigned’s part. Undersigned agrees to execute such
further assignments and instruments as may be reasonably necessary to enable
the Covered Entities to exercise, perfect and protect the benefits and rights
granted in this Consent and Release. Undersigned is providing this Consent and
Release voluntarily and of the Undersigned’s own free will. Undersigned has
read completely the terms herein and fully understands and accepts them. In the
event this Consent and Release conflicts with any prior or future agreement
between the Undersigned and Spartan, the terms and conditions of the agreement
most favorable to Spartan under the circumstances shall control.
11. Undersigned hereby represents and warrants that he/she has the authority to
grant all of the rights conveyed in this Consent and Release. This Consent and
Release shall be binding upon Undersigned’s heirs, executors, administrators,
successors and assigns. No handwritten changes to this Consent and Release will
be effective. For the avoidance of doubt, blank lines on the form which require
information to be filled-in do not constitute “handwritten changes.”