1. In consideration
of joining in the above-described event (the “Run: twin K”), I agree and acknowledge that I am fully aware that
participation in the Activity may involve risks and I accept all the risks of
participating, even if the risks are created by the carelessness, negligence or
gross negligence of a Released Party (as defined below) or anyone else.
2. “Claims” includes but is not limited to
any and all liabilities, claims, demands, legal actions, rights of actions for
damages, personal injury or death in connection with participation in the
Activity. “Released Party” means lululemon athletica canada inc., lululemon
usa inc., and all of their affiliates, franchisees and their respective
representatives, directors, officers, agents, employees and volunteer staff.
3. I agree and
acknowledge that: (a) I am in proper physical condition to participate in the
Activity, and am aware that participation could, in some circumstances, result
in physical injury, serious physical injury or death; (b) I understand my
physical limitations and am sufficiently self-aware to stop physical activity
before I become ill or injured; and (c)
I am aware that if the Activity occurs outdoors, the streets adjourning
the area of the Activity are open to regular vehicular traffic during the
Activity and I will obey all traffic laws and regulations.
4. I hereby, for
myself and for my heirs, next of kin, executors, administrators and assigns,
fully release, waive and forever discharge any and all rights or Claims I may
have, now or in the future, against any Released Party, even if the Claims are
based on the carelessness, negligence or gross negligence of a Released Party
or anyone else. Without limiting the
foregoing, I further release any recourse which I may now or hereafter have
resulting from any decision of any Released Party.
5. I agree not to
sue any Released Party for Claims, even if the Claims arise from the carelessness,
negligence or gross negligence of any Released Party or anyone else. I agree to indemnify (reimburse for any loss)
and hold harmless each Released Party from any loss or liability (including any
reasonable legal fees they may incur) defending any Claim made by me or anyone
making a Claim on my behalf, even if the Claim is alleged to or did result from
the carelessness or negligence of any Released Party or anyone else.
6. I am aware that
it is advisable to consult a physician prior to participating in the
Activity. If I have consulted a
physician, I have taken the physician’s advice.
7. I am aware that
there is no obligation for any person to provide me with medical care during
the Activity. I understand and
acknowledge that: (a) there may be no
aid stations available for the Activity; and (b) If medical care is rendered to
me, I consent to that care if I am unable to give my consent for any reason at
the time the care is rendered.
8. I grant my
permission to the Released Party and any transferee or licensee or any of them,
to utilize any photographs, motion pictures, videotapes, recordings and other
references or records of the Activity which may depict, record or refer to me
for any purpose (“Images”),
including commercial use by the released parties, their sponsors and their
licensees. This permission is for use
anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be
compensated or receive additional consideration for consenting to the use of the
Images and that I will not be given a chance to receive, inspect or approve the
promotional or marketing material, messages and/or content that may use the
Images. I hereby release the Released
Party including, without limitation, all persons who took or otherwise created,
recorded or modified the Images, from any and all claims, actions, damages,
interest, costs, expense and compensation of whatsoever kind and howsoever
arising, whether known or unknown, and which I now have or at any time
hereafter can, shall or may have in connection with, or in any way resulting or
arising from, the Images and the creation, use or disposition of them.
9.
I acknowledge and
agree that the Released Party shall own all right, title and interest,
throughout the world, in and to the Images and any materials compromising all
or any part of the Images, and that the Released Party has the unrestricted
right to use, license, sell, transfer or otherwise dispose of any or all of
them, as well as the Released Party’s rights under this Release and Waiver, in
any manner whatsoever and without any accountability to me. I hereby assign to
the Released Party all right, title and interest, throughout the world, I may
have in and to the Images and any materials comprising all or any part of the
Images, including all intellectual property rights thereto. I hereby
irrevocably waive any and all of my moral rights and any other irrevocable
rights I may have, throughout the world, in or to the Images and any materials
comprising all or part of the Images.
10. If any provision
of this agreement shall be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions.
11. If the
participant is less than 19 years of age, the parent or guardian agrees to the
following statements: As a parent or
guardian of the participant child, I authorize the child to participate. I agree that in the event the participant
child, or anyone acting on his or her behalf, should make any claim, I will
provide the indemnity and hold harmless described in paragraph 5 and I agree to
the terms of this Release and Waiver. In
the event of a medical emergency involving the participant child and any
Released Party is unable to contact me, I agree and grant my permission that
any Released Party may provide medical care to the participant child.
12. I have fully read
and understand this agreement. I am
aware that by signing this agreement, I am waiving certain legal rights I or my
heirs, next of kin, executors, administrators and assigns may have against the
Released Party.