AGREEMENT AND WAIVER/RELEASE FROM LIABILITY
WAIVER OF LIABILITY: I know that participating in this event (“Event”) is a potentially hazardous activity. I agree not to enter and participate unless I am medically able and properly trained. I agree to abide by any decision of an event official relative to my ability to safely participate in or complete the Event. I am entering voluntarily. I assume all risks associated with participating in the Event, including, but not limited to, falls, contact with other participants, spectators or others, vehicular or other traffic, the effect of the weather, including heat and/or humidity, wind, cold temperature, wet or icy surfaces, falling tree branches or other overhead objects, traffic and other conditions of the course, and injury (including death), property and economic damages, all such risks being known and appreciated by me. I grant to the Medical Director of the Event and his designees permission to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of my participation in the Event, including without limitation, arranging transportation to a hospital or other medical facility. I also grant them access to my medical records and physicians, as well as other information, relating to medical care that may be administered to me at any such medical facility as a result of my participation in the Event. Having read this Waiver and knowing these facts, and in consideration of your acceptance of this application, I, for myself and anyone entitled to act on my behalf, waive and release the Released Parties (defined below), from present and future claims and liabilities of any kind, known or unknown, arising out of my travel to or from, or my participation in, the Event or related activities, including personal injury (including death), property or economic damage, whether caused in whole or in part by the Released Parties or any other person or thing at the Event and even though such claim or liability may arise out of negligence or fault on the part of any of the foregoing persons or entities. I further acknowledge and agree that the Giants Foundation and Super Race Systems reserves the right to change the details of (such as the date, start time, course, etc.) and amenities offered at the Event for any reason whatsoever and I hereby waive and release any claims that I may have against the Released Parties as a result of any such changes to the details of and/or amenities offered at the Event.
PUBLICITY RELEASE: I irrevocably and perpetually grant to each of the Released Parties (defined below) and its licensees a worldwide license to use, publish, reproduce, license to others, create derivative works of, and publicly display my name and any images, video or likenesses taken or captured of me while in or near the Event (collectively, the “Publicity Materials”), in any form, media or content that now or hereafter exists, for any commercial or non-commercial purposes, and the waive any compensation for any use of such Publicity Materials. I release the Released Parties (defined below) and their licensees and waive any claims, demands, damages, losses, liabilities, and causes of action arising from any of the above-authorized uses of the Publicity Materials, including, without limitation, any claims for defamation, libel, invasion of privacy, publicly, personally, or exploitation of the name or likeness.
RELEASED PARTIES: This Waiver and Release is given to Super Race Systems, , all sponsors and officials of the Event, and volunteers (including, without limitation, medical volunteers), representatives, and successors of the foregoing, the National Football League (“NFL”), its member professional teams and clubs including but not limited to New York Football Giants, Inc. (“New York Giants”), NFL Properties, LLC, NFL Ventures, L.P., and the owners and operators of the facilities in which the Event is being held, including without limitation, The Giants Foundation, Giants Training Facility LLC, New Meadowlands Stadium Company LLC, MetLife Stadium, Quest Diagnostics Training Center, Giants Stadium LLC, the New Jersey Sports and Exposition Authority, and their subsidiaries, affiliates, divisions, and their officers, agents, board members, employees, staff, sponsors, promoters, vendors, agents, legal representatives, administrators, assigns, heirs, executors, those for whom the New York Giants are acting and those acting with the New York Giants’ authority and permission, and owners and lessees of the premises (collectively all of the foregoing are “Released Parties”).
GUARDIAN’S PERMISSION AND RELEASE FOR MINOR: If I am signing this Waiver and Release on behalf of a minor, I understand and agree that my child’s participation in this Event is by my own choice and, I agree that the Wavier and Release above applies equally to my child and me and any claims I, he or she may have. I also waive any derivative claims that relate to or arise out of my child’s participation in the Event. I also agree that the Publicity Release above applies equally to my child and me.
CHOICE OF LAW AND VENUE: I agree that the validity, performance, and construction of this Waiver and Release will be governed and interpreted in accordance with the laws of the State of New Jersey, without giving effect to conflict of law principles. Any controversy or claim arising from or relating to this Waiver and Release will be brought solely in the New Jersey State Court located in Bergen County, New Jersey or the United States Federal District Court located in Newark, New Jersey, and I hereby agree to the jurisdiction of such courts and waive any right to object to venue in this regard.
RULES OF THE EVENT: I agree that attendance and/or participation in the Event is subject at all times to any and all rules and regulations of the Event.
AUTHORIZED SIGNATORY, FEES AND CANCELLATION: I represent that I am 18 years of age or older and have the full legal authority to complete registration for myself and the minor, if applicable, including full authority to make payment of the registration and other fees that will be charged in connection with the Event. I understand that each participant in the primary activity at the Event will be charged certain participation and processing fee(s) at the time of registration, which are non-refundable. The Giants Foundation and Super Race Systems reserves the right to cancel the Event for weather or other reasons at its sole discretion.
If completed electronically, the I agree to electronically sign this Agreement and Waiver/Release from Liability by drawing or typing my signature/name below. I agree that such electronic signature is the legal equivalent of a manual signature on this Agreement and Waiver/Release from Liability and I intend and consent to be legally bound by terms and conditions in this Agreement and Waiver/Release from Liability.
THE UNDERSIGNED READ, UNDERSTANDS, AND VOLUNTARILY SIGNS THIS AGREEMENT AND WAIVER/RELEASE FROM LIABILITY, and agrees that no oral representatives, statements, or inducements have been made.