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WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in the ’47 Photo Experience at the Nitro World Games (the “Activity”) being held at Rice-Eccles Stadium, University of Utah, 451 1400 E, Salt Lake City, UT 84112 , and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims, or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge ’47 Brand, LLC located at 15 Southwest Park, Westwood, MA, 02090, Recon Northwest LLC located at 5665 SW Arctic Drive, Beaverton, OR 97005 and Aventus Solutions located at 2441 Burleigh West, Bloomfield, MI 4824, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, AND TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS). I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE OR THE CONDITION OF THE ACTIVITY LOCATION. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I agree to indemnify and hold harmless ’47 Brand, LLC, Recon Northwest, LLC and Aventus Solutions against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If ’47 Brand, LLC, Recon Northwest, LLC and/or Aventus Solutions incurs any of these types of expenses, I agree to reimburse ’47 Brand, LLC, Recon Northwest, LLC and/or Aventus Solutions, respectively.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of ’47 Brand, LLC, Recon Northwest, LLC and Aventus Solutions, their agents, and employees. This waiver and release shall be governed by the laws of the State of Massachusetts.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE ’47 BRAND, LLC, RECON NORTHWEST, LLC AND AVENTUS SOLUTIONS AND ALL OF THEIR AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST ’47 BRAND, LLC, RECON NORTHWEST, LLC AND AVENTUS SOLUTIONS FOR PERSONAL INJURY OR PROPERTY DAMAGE.
Photo and Video Release Agreement
I hereby grant ’47 Brand, LLC, doing business as ’47, (hereinafter “Company”) the irrevocable right and permission to use photographs and/or video recordings taken of me or my likeness which, together with my statements (if any), shall constitute the “Material.” I irrevocably consent to and grant to Company, its agents, representatives, licensees, successors or assignees, the right to copy, reproduce, and use all or a portion of the Material for any purpose, whatsoever, as Company, its agents, representatives, licensees, successors or assignees, in their absolute discretion shall see fit, including, but not limited to, advertising, publicity, trade, or any other commercial or non-commercial purpose throughout all channels, via any type of media (i.e. digital, print, television, etc.), or for any other similar purpose without compensation to me. I acknowledge and agree that Company is the sole and exclusive owner of all right, title and interest in and to the Material and all intellectual property related thereto and the Material can be used by Company throughout the world and in perpetuity.
I specifically agree and grant to Company, its agents, representatives, licensees, successors or assignees, the absolute and unconditional right and permission to copyright, use, publish, display and reproduce the material in any manner whatsoever in print, video or otherwise. I further grant Company the right to alter, edit, abridge, adapt, modify or use a portion or portions of any and all photographs taken of my likeness by Company, through any media of any kind or nature or for any lawful purpose whatsoever, as Company, its agents, representatives, licensees, successors or assignees, in their absolute discretion shall see fit. I hereby waive any and all rights to inspect or approve the Material at any stage.
I hereby release and discharge and agree to hold harmless Company, its agents, representatives, licensees, successors or assignees from any liability, whatsoever, in connection with their use of the Material. By signing this release, I agree that I will not challenge in any way Company’s ownership of the Material as described above, and its use thereof.
I hereby warrant that I have read this entire agreement and that I am of legal age (at least 18 years old or if under 18 years of age, that I am joined herein by my parent or legal guardian). I further affirm that I am not now under the influence of any drugs, alcohol or mind altering chemicals or substances that would prevent me from making a clear decision to sign this agreement and that I have signed it voluntarily, under no duress, and without any undue influence or coercion from anyone.
I have read and agree with and affirm all of the above terms:
Name (please print): Date:
Signature of Parent or Legal Guardian (if Under 18 years of Age):
15 Southwest Park Westwood, MA 02090
Phone: (781)-320-1384 Fax: (781)-320-8342 Web: 47Brand.com