The Race for Equity Waiver, Release and Privacy (“Release”)
I, the undersigned (“I” or “me”), desire to participate in Co-Motion: Center for Movement’s (“Co-Motion”, “we” or “us”) event, “The Race for Equity”, which will be held in-person at Co-Motion, located at Como Park, St. Paul, MN 55108, U.S.A., on May 20th, 2023, including a virtual option (both in-person and virtual options, the “Event”). Because physical exercise can be strenuous and subject to risk of serious injury, Co-Motion urges the undersigned to obtain a physical examination from a doctor before registering for the Event or participating in any exercise activity related hereto.
I agree that by participating in the Event, physical exercise, or training activities, I do so entirely at my own risk. I agree that I am voluntarily participating in the Event and related activities and by my use of the Co-Motion premises, facilities and any related areas (such as for the virtual option), I assume all risks of injury, illness, death, or loss of my personal property. Neither Co-Motion, Element Gym nor Self Esteem Brands, LLC are responsible for any injury, illness, death or the loss of my personal property.
I acknowledge that neither Co-Motion nor Self Esteem Brands, LLC will be offering any refunds for the Event but that there is a virtual option in case the Event needs to be cancelled for any reason. I also understand that if authorities mandate race cancellation due to COVID-19 or for any other reason, all registrations will be considered virtual registrations.
I acknowledge that I have carefully read this Release and fully understand that it is a release of all liability. I hereby FULLY AND EXPRESSLY AGREE TO RELEASE AND DISCHARGE, INDEMNIFY AND HOLD HARMLESS CO-MOTION, ELEMENT GYM AND SELF ESTEEM BRANDS, LLC (INCLUDING BUT NOT LIMITED TO THE AFFILIATES, SUBSIDIARIES AND RELATED ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES AND REPRESENTATIVES OF CO-MOTION, ELEMENT GYM AND SELF ESTEEM BRANDS, LLC) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION WHATSOEVER, INCLUDING INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY, in any way connected to my participation in the Event, training or any related activities including but not limited to the virtual option, and I knowingly and voluntarily give up and hereby waive all rights that I might otherwise have to bring legal action against Co-Motion, Element Gym and Self Esteem Brands, LLC or a trainer or instructor for personal injury or property damage or otherwise. To the extent that statute or case law does not prohibit releases for negligence, this Release is also for negligence.
Video and Photo Release
Whereas, Co-Motion, Element Gym and Self Esteem Brands, LLC (“Producer/s”) may be engaged in a project/s related to such Event or otherwise (“Video or Photo”), and
Whereas, I, the undersigned, have agreed to appear in the Video or Photo, and
Whereas, I understand that my voice, name, image and related information about me may be recorded by various means of all descriptions (such recordings, any piece thereof, the contents therein and all reproductions thereof, along with the utilization of my name, shall be collectively referred to herein as the “Released Subject Matter”),
I hereby freely and without restraint consent to and give unto the Producer and its agents or assigns or anyone authorized by the Producer, (collectively, the “Releasees”) the unrestrained right in perpetuity to own, utilize, or alter the Released Subject Matter, in any manner the Releasees may see fit and for any purpose whatsoever, all of the foregoing to be without limitation of any kind. Without limiting the generality of the foregoing, I hereby authorize the Releasees and grant unto them the unrestrained rights to utilize the Released Subject Matter in connection with the Video or Photo’s advertising, publicity, public displays, exhibitions, and social media. I hereby stipulate that the Released Subject Matter is the property of the Producer to do with as it will.
I hereby waive to the fullest extent that I may lawfully do so, any causes of action in law or equity I may have or may hereafter acquire against the Releasees or any of them for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by the Releasees or another of the Released Subject Matter.
It is my intention that the above-mentioned consideration represents the sole compensation that I am entitled to receive in connection with any and all usages of the Released Subject Matter. I expressly stipulate that the Releasees may utilize the Released Subject Matter or not as they choose in their sole discretion without affecting the validity of this Release.
Privacy
By providing my contact information, I consent to the collection and use of my personal information so as to enable me to register and participate in the Event. I also consent to being contacted through email or other means. For mobile messaging, message and data rates apply. To unsubscribe from emails or other communication from us or a third party, you may follow the “unsubscribe” link at the bottom of the email or, such other means as we may communicate to you. To unsubscribe from text messages or any other mobile messages, you may follow the instructions provided at the time of opt-in or contact us.
If I reside outside of the United States, I understand that my information will be sent outside my jurisdiction and to the United States.
My California Rights: California Civil Code Section § 1798.83 permits users that are California residents to request certain information regarding the disclosure of personal information to third parties for their direct marketing purposes. We do not share such personal information to third parties for their direct marketing purposes.
If any portion of this Release shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this Release shall remain in full force and effect and the offending provision or provisions severed here from.
By agreeing to this Release, I acknowledge that I understand its content and that this Release cannot be modified orally. I hereby certify that I am over the age of eighteen, and that I have read, understood, and agreed to the foregoing.
Parental or Guardian Consent Where Participant is Not Over the Age of Eighteen
In consideration of allowing my child (“Minor”) to participate in any way in the Event, I, the undersigned, on behalf of the Minor, represent and agree that I know the nature of the Event and the Minor’s experience and capabilities, and I affirm that the minor is fit and qualified to participate in the Event.
I acknowledge that I have carefully read this Release and fully understand that it is a release of all liability. I hereby FULLY AND EXPRESSLY AGREE TO RELEASE AND DISCHARGE, INDEMNIFY AND HOLD HARMLESS CO-MOTION, ELEMENT GYM AND SELF ESTEEM BRANDS, LLC (INCLUDING BUT NOT LIMITED TO THE AFFILIATES, SUBSIDIARIES AND RELATED ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES AND REPRESENTATIVES OF CO-MOTION, ELEMENT GYM AND SELF ESTEEM BRANDS, LLC) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION WHATSOEVER, INCLUDING INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY, in any way connected to my or the Minor’s participation in the Event, or any related activities, and I knowingly and voluntarily give up and hereby waive all rights that I might otherwise have to bring legal action against Co-Motion, Element Gym and Self Esteem Brands, LLC or a trainer or instructor for personal injury or property damage or otherwise to myself or the Minor. To the extent that statute or case law does not prohibit releases for negligence, this Release is also for negligence.
I agree that the Minor may appear in the Video or Photo and consent to such appearance. I represent that I have sole legal custody or am the sole parent/guardian of the Minor.