Tryout Waiver and Liability ( TYPE "UNDERSTAND") *
The undersigned participants (each, a "Participant"), and if such Participant is under 18 years of age, then also the parent or legal guardian of such individual (together with the Participant, the "Undersigned"), sign this release and waiver of liability (this "Release and Waiver") in consideration of participating with the 2019 FC HARLEM LIONS PROGRAM (the "LIONS PROGRAM") The Undersigned hereby release(s) and discharge(s) FC Harlem, the Department of Environmental Protection ("DEP") Chelsea Football Club (CFC) , The Chelsea Football Club Foundation ( CFCF) and their respective assignees, successors, officers, directors, agents, representatives, employees, sub-contractors, sponsors, partners, members and affiliates (collectively, the "Released Parties") from all present and future liabilities, debts, obligations, costs, expenses, damages, losses, charges, judgments, executions, liens, claims, demands, actions or causes of action of whatever nature or description, in equity or at law, which the Undersigned or his/ her child or ward, family, estate, heirs, representatives, executors, administrators, successors or assigns (collectively, "Related Parties") may have, whether known or unknown, suspected or unsuspected, asserted or not asserted, arising out of participation by the Undersigned or his/her child or ward in the LIONS PROGRAM, expressly including any claims due to the negligence of any of the Released Parties.
The Undersigned understands, acknowledges and accepts that this Release and Waiver is intended to be binding on the Undersigned and the Undersigned's Related Parties. The Undersigned further understands, acknowledges and accepts that participation in the LIONS PROGRAM involves certain inherent risks, including, but not limited to, property damage and serious bodily injury (including death), and agrees that the Undersigned or his/her child or ward is voluntarily participating in the LIONS PROGRAM with full knowledge of the risks involved and accepts all risks of participation.
The Undersigned declares that the Participant is physically fit and has the requisite skill level to participate in the LIONS PROGRAM. Further, the Undersigned declares that the Participant does not have any medical or physical conditions known to the Undersigned that would increase the risks of property damage or serious bodily injury (including death) to the Participant or other Participants in the LIONS PROGRAM. The Undersigned authorizes FC HARLEM and/or a party designated by FC HARLEM to provide medical treatment to the Participant, at the Undersigned's cost, should the need arise.
Furthermore, the Undersigned understands, acknowledges and accepts that he or she must provide their own medical insurance for the Participant.
The Undersigned further grants the Released Parties the right, but does not otherwise impose the obligation, to photograph, videotape and/or otherwise use the Participant's name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation or limitation.The Undersigned irrevocably grants to the Released Parties with respect to any and all photographs, video or other likeness of me produced in connection with the LIONS PROGRAM and any activities related to the LIONS PROGRAM as described herein without any additional Consideration, including filming for television and internet broadcast (collectively, the "Materials"), the unrestricted absolute, perpetual, worldwide right to:1) Produce, copy, modify, create derivatives in whole or in part, or otherwise use the Materials or any part thereof in combination with or as a composite of other matter, including, but not limited to text data, images, photographs, illustrations, animation and graphics video or audio segments of any nature, in any media or embodiment, now known or hreafter to become known (the "Work") and (2) Use and permit to be used my name and biographical information, whether in original or modified form, in connection with the Work as FC HARLEM may choose, and (3) Display, perform, exhibit, distribute, transmit, and otherwise commercially exploit the Works by any means including, without limitation, publication in print media, television broadcast, and display via internet website.
The Undersigned understands, acknowledges and accepts that this Release and Waiver of Liability is intended to be as broad and inclusive as permitted by the laws of the state in which the LIONS PROGRAM is/are taking place and agrees that if any portion of this Release and Waiver of Liability is invalid, the remainder will continue in full legal force and effect. The Undersigned further agrees that any legal proceedings related to this Release and Waiver of Liability shall take place in New York, New York.