In
consideration for participating in any way in the Event, I the undersigned, for
myself, (if applicable) my minor participant child(ren), and for each of our
respective “Releasors” (as defined below), agree as follows:
Assumption
of Risk: The
undersigned hereby acknowledge and agrees on behalf of myself and any other
participant(s) identified above that he/she:
(a) Understands the nature of the
Event;
(b) Is in good health, and in proper
physical condition to be present at the Event and participate in any and all
activities therein;
(c) Knowingly and voluntarily, accepts
and assumes responsibility for any risks and dangers that could arise out of,
or occur during, his/her presence at and participation in the Event; and
(d) Will comply with any and all
on-site directions, guidelines and rules of conduct at the Event, as set forth
by Releasees (as defined below) or their representatives.
Release/Waiver/Covenant
Not to Sue: To the fullest extent permitted by
law, on behalf of myself and any other participant(s) identified above, in
consideration of permitting my/our participation in the Event, the undersigned,
on behalf of myself, my spouse (if any), my partner, my child(ren) (if any),
and each of our respective past, present and future agents, representatives,
heirs, executors, estates, administrators, trustees, successors, licensees, and
assigns (collectively “Releasors”), hereby irrevocably RELEASE, AGREE TO HOLD
HARMLESS, WAIVE AND DISCHARGE ANY AND ALL LIABILITY of the National Collegiate
Athletic Association (NCAA) and its past, present and future member
institutions, Turner Sports, Inc., Turner Broadcasting System, Inc., Time
Warner Inc., Event sports, Event advertisers, the American Cancer Society, CBS
Corp., Coaches vs. Cancer, Fair Park, FishBait Marketing, LLC, Luke’s Locker,
Inc., RunFAR Racing Services, the National Association of Basketball Coaches
(NABC), Northwestern Mutual, the North Texas Final Four Local Organizing
Committee, Inc., The Big 12 Conference and the Dallas
Convention Center and each
of these entities’ past, present, and future parents, subsidiaries, affiliates,
and related entities and each of their respective past, present and futurer
officers, directors, employees, volunteers, contractors, subcontractors, agents,
representatives, insurers, licensees, successors, predecessors, and assigns (collectively,
the “Releasees”), for and from any and all rights, claims, demands, losses,
damages, expenses, costs (including, without limitation, attorneys’ fees),
and/or actions of nature, whether known or unknown, forseen or unforeseen, and
whether arising from, without limitation, the sole negligence of the Releasees,
which any of the Releasors may have or acquire in connection with my/our
participation in the Event, including, without limitation, any bodily injury,
personal injury (including, without limitation, death), loss of consortium, or
property damage/loss that any of the Releasors may incur in connection with
participation in the Event (collectively “Claims”). On behalf of the Releasors and myself, I
further hereby irrevocably and unconditionally acquit, COVENANT AND AGREE NOT
TO SUE OR INSITUTE ANY OTHER ACTION OR CLAIM against the Releasees for any
Claims arising from the Event.
Indemnification: For myself and any other
participant(s) identified above, to the fullest extent permitted by law, I
hereby agree, on behalf of myself and the Releasors, to indemnify, defend (at
Releasees’ option) and hold harmless Releasees from and for any and all claims,
demands, losses, damages, expenses, costs (Including, without limitation,
attorneys’ fees)) and/or actions which may arise out of or in connection with
my/our presence at the Event or participation in any activities whatsoever at
the Event, including without limitation, claims or actions allegedly arising
out of or in connection with any acts or omissions which are caused by the sole
negligence of any Releasee.
Permission to Use
Likeness/Name: PARTICIPANT
AGREES TO ALLOW WITHOUT COMPENSATION HIS/HER LIKENESS, AND HIS/HER CHILD’S
LIKENESS (IF APPLICABLE), TO APPEAR IN MATERIAL, REGARDLESS OF MEDIA FORM,
PROMOTING THE NCAA, ITS CHAMPIONSHIPS, EVENTS AND ACTIVITIES, INCLUDING THOSE
OF ITS REPRESENTATIVES AND LICENSEES.
Governing Law/Severability: This
Agreement shall be governed by and construed in accordance with the laws of the
State of Texas, excluding the conflicts of laws principles thereof. On behalf
of the Releasors, the undersigned agrees that state or federal courts located
in Indianapolis, Indiana shall have personal jurisdiction over me/us with
respect to, and shall be the exclusive forum for the resolution of, any
controversy or dispute arising from or relating to this Agreement. The undersigned
expressly agrees that this Agreement is intended to be as broad and inclusive
as is permitted by law and that if any portion thereof is held invalid, it is
agreed that the balance shall, notwithstanding, continue in full legal force
and effect.
Acknowledgment of
Understanding: The undersigned has read this
Agreement in its entirety, and has had the opportunity to ask questions about
the same. The undersigned fully understands that by signing this Agreement and
assuming the risks associated with participation in the Event, as well as
further agreeing to release, covenant not to sue, waive liability, and
indemnify the Releasees, that the undersigned is giving up substantial rights
in connection therewith, and that its terms are contractual, and not a mere
recital. The undersigned acknowledges that he/she is signing this agreement
freely and voluntarily, that this represents the entire agreement and
understanding between the Releasees and the undersigned, and the undersigned is
not relying on any statement or representation of fact or opinion by any of the
Releasees or any third party, except as expressly set forth herein. This
Agreement supersedes any other written or oral communications between the
Releasees and me or the Releasees and any other participant(s) specified above
regarding the subject hereof.
Authority to Sign: The
undersigned further warrants and represents, on behalf of him or herself, and
any other participant(s) identified above, that he or she has the authority to
sign this Agreement as an individual or as the parent and/or legal guardian of
any other minor participant(s) identified above.