Child Participant Waiver
WAIVER AND RELEASE
THE PARENT OR LEGAL GUARDIAN OF EACH MINOR CHILD PARTICIPATING IN ACTIVITIES ASSOCIATED WITH THE CAMP ACTIVITIES (AS DEFINED BELOW) MUST AGREE TO THE TERMS OF THIS WAIVER AND RELEASE OF LIABILITY AND NAME AND LIKENESS RELEASE PRIOR TO THE CHILD’S PARTICIPATION IN THE ACTIVITIES.
For purposes of this Waiver and Release, “Event” means, the LaLiga Camps USA event presented by McDonald’s being held at the location and on the date described above, and any and all transportation to, from and between Event locations, all product testing at the Event, and all other related activities before, after and during the Event and to my and my child’s participation in the Event. I, on behalf of myself and my child, hereby acknowledge and agree that:
Name and Likeness Release
In consideration of my child being permitted to participate in the Event, I hereby grant permission to LaLiga North America, LLC, LaLiga Group International, S.L., McDonald’s USA, LLC, Loud and Live Inc., Ocacia Soccer LLC and their owners, members, affiliated or subsidiary companies and their successors and assigns (together the “Company”) to utilize my child’s name, voice and likeness (including, but not limited to photographs and any video/audio recording of my child’s appearance at the Event) in any and all manner and media, now known or hereafter developed, throughout the universe in perpetuity without limitation and without additional compensation or consideration, notification or permission, unless prohibited by applicable law. I hereby waive any right that I or my child may have to inspect or approve any finished product (including any broadcasts, brochures, videos, slide shows, web sites, and/or other materials) or any advertising copy that may be used in connection therewith or the use to which it is applied. I hereby warrant that I have the right to make this release on behalf of my child and that my granting this waiver and release and the rights conveyed thereby will not infringe upon the rights of any third party. I hereby assign all right, title and interest my child or I may have in any and all media now known or hereafter developed in which any or all of my child’s appearance, name, voice and/or likeness have been captured in connection with the Event to the Company, along with full rights of assignability. I understand and agree that any photographs and/or video/audio recordings I make of my child at the Event shall be used solely for my and his/her private, non-commercial use, and that absolutely no sale, transmission, distribution or commercial use of any such photographs and/or video/audio recordings or descriptions are permitted.
Physical Condition
I hereby confirm that my child: (i) has no psychiatric, medical and/or physical condition or history which would prevent him/her from participating in the Event and/or endanger himself/herself or others at the Event; (ii) has not been instructed by any physician to refrain from participating in the Event and (iii) is physically fit and able to participate in the Event.
Equipment and Facilities Inspection
I agree that before my child participates in the Event, I or my child’s coach/supervisor will inspect the facilities and all equipment to be used in the Event. I or my child’s coach/supervisor will immediately advise the Company’s employee(s) supervising the Event of any unsafe condition that I or they observe and will refuse to allow my child to participate in the Event until all unsafe conditions observed by me or my child’s coach/supervisor have been remedied. I understand and agree that my child must at all times abide by the Stadium policies and procedures and the rules and the instructions of the Company’s employee(s) supervising the Event, and that my child’s failure to do so will result in his/her immediate dismissal from the Event.
Assumption of Risk
I understand that my child, and each participant in the Event, will be engaging in acts that may involve the risk of serious personal injury, illness, permanent disability, dismemberment, and death, and that also involve the risk of economic and property loss and damage. I understand that these risks may result from the actions, negligence and failure to act of my child and others (including other participants in, and the Company’s employee(s) supervising the Event) and from the rules of play, the challenges of the Event and the condition of any real or personal property, facilities or equipment used during the Event. I also understand that there may be risks involved which are not known to me, my child, or the Company and its officers, employees, staff and may not be foreseen or reasonably foreseeable by any of the foregoing entities or persons at this time or at the time of the Event and any activities in which my child may participate.
I, on behalf of my child, assume all of the foregoing risks, including the risk of any negligence by other participants or by each of the participating teams in the Event, the Company and each of their respective owners, general partners, limited partners, stockholders, members, directors, officers, employees, agents and representatives and the risk of injury caused by the condition
of any real or personal property, facilities or equipment used during the Event, and accept personal responsibility for any injury (including, but not limited to, personal injury, disability, dismemberment, and death), illness, damage, loss, claim, liability or expense (including reasonable attorneys’ and professionals’ fees), of any kind or nature, that my child or I may suffer arising out of or in connection with the Event or my child’s participation in or attendance at the Event. Furthermore, I agree that no general or limited partner, shareholder, director, officer, member, beneficiary, trustee, manager, other controlling person, investor, employee, attorney, agent or independent contractor of the Company (each an “Exculpated Person”) shall be personally liable for any obligation or liability of such party in connection with the Event, and all obligations and liabilities of such party in connection with the Event are enforceable solely against such party and such party’s assets, and not against any Exculpated Person or the assets of any Exculpated Person.
Liability Release and Indemnity Agreement
I, on behalf of my child, hereby unconditionally and voluntarily release, waive, forever discharge, covenant not to sue, and agree to indemnify and save and hold harmless the Company and each of their respective officials, owners, general partners, limited partners, stockholders, owners, members, directors, officers, employees agents, volunteers and representatives and, in all cases, each of their respective affiliates, and the other participants in the Event (each such entity or individual being referred to as a “Released Party”) of and from any and all injuries (including, but not limited to, personal injury, disability, dismemberment, and death), illness, losses, damages, claims, liabilities or expenses of any kind or nature (and whether accruing to me, my child, my heirs or my personal representatives) that are caused or alleged to be caused in whole or in part by the action, negligence or failure to act by any Released Party or condition of any real or personal property, facilities or equipment of any Released Party and that arise out of or in connection with the Event or my child’s participation therein or attendance thereat. Neither my child nor I will have either the right to rescind or terminate this waiver and release or any of the Company’s rights hereunder, or the right to enjoin the production, exhibition, or other use of my child’s name, voice and likeness or any subsidiary or allied rights with respect thereto. I further acknowledge that the Company shall not be responsible for any lost, stolen, misplaced or damaged personal items left unattended by my child.
Medical Treatment
In connection with any injury my child may sustain or illness or other medical conditions my child may experience during his/her participation in or attendance at the Event, I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act on my child’s behalf. I further authorize the attending medical personnel to execute on my child’s behalf any permission forms, consents or other appropriate documents relating to medical attention and to act on my child’s behalf if I am not able or immediately available to do so. I further agree to assume all responsibility for any costs and expenses incurred in such a medical emergency (transportation, hospitalization, x-rays, etc.).
Severability of Provisions
I have carefully read the entirety of this waiver and release and agree to all its terms and conditions. I represent that I am the parent and/or legal guardian of the minor child identified below with the authority to give this waiver and release, and I hereby agree that both my child and I shall be bound hereby. I agree that the foregoing terms and conditions are intended to be as broad and inclusive as is permitted by law, and any terms and conditions set forth herein found by a court to be void or unenforceable shall not affect the validity or enforceability of any other terms and conditions. This waiver and release will inure to the benefit of and will be binding upon both my, my child’s and the Company’s respective affiliates, successors, licensees, assigns, heirs and representatives. The validity, construction and enforceability of this waiver and release shall be governed by, and construed and interpreted in accordance with the internal laws of the State of New York.
THIS RELEASE, WAIVER AND COVENANT NOT TO SUE IS INTENDED TO DISCHARGE IN ADVANCE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITY ARISING OUT OF, OR CONNECTED IN ANY WAY WITH MY CHILD’S PARTICIPATION IN THE ABOVE-DESCRIBED EVENT, EVEN THOUGH THAT LIABILITY MAY ARISE OUT OF NEGLIGENCE, CARELESSNESS OR OTHER CONDUCT ON THE PART OF THE RELEASED PARTIES.
I EXPRESSLY AGREE THAT THE FOREGOING RELEASE, WAIVER AND COVENANT NOT TO SUE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE IN WHICH THE EVENT IS CONDUCTED AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
I HEREBY CERTIFY THAT I HAVE CAREFULLY READ, FULLY UNDERSTAND AND VOLUNTARILY SIGN THIS RELEASE, WAIVER AND COVENANT NOT TO SUE, AND UNDERSTAND COMPLETELY ALL THE TERMS USED AND THEIR SIGNIFICANCE.