Media And Liability Waiver
I agree with the following.
A.MEDIA WAIVER I grant permission to the Host Organization, NBA Canada and Canada Basketball, their officers, officials, agents, and employees, other participants, sponsoring agencies, advertisers, and if applicable, owners and lessors of premises used to conduct the activities or events (the “Releasees”) to collect the name, voice, statements, photograph, image, likeness, and actions of the Participant, in whole or in part, for promotional, commercial, or other use, in perpetuity worldwide on standard and non-standard TV, video, print, electronic, and online media (including the internet) and in any other means of distribution, publication or exhibition, whether known or hereinafter created without additional consideration in connection with the Releasees and the marketing, advertising, and promotion thereof. B.ASSUMPTION OF RISK I am aware that the Participant’s involvement in the activities and events involve many risks, dangers and hazards including but not limited to: accidents on or near the court, accidents at the facility, transportation to and from the facility, the negligence of the other players or other parties participating, negligence on the part of the Releasees including the failure to safeguard and protect from the risks, dangers and hazards. I freely accept and fully assume all risks, dangers and hazards associated with the Participant’s involvement in the activities and the possibility of personal injury, death, property damage or loss resulting therefrom. I will be responsible for all medical costs and expenses following, directly or indirectly, from participation in the activities outside of the insurance coverage provided through the national and provincial membership in the Jr. NBA Player Package. I understand that if I know or suspect that my physical condition may be incompatible with the activities that I should seek medical advice before undertaking said activities. C.RELEASE OF LIABILITY In consideration, the Participant’s involvement in the activities and permitting the use of the equipment and facilities of the Host Organization, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows: TO WAIVE ANY AND ALL CLAIMS that the Participant has or may have in the future against the Releasees and to RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that the Participant may suffer or that my next of kin may suffer as a result of my participation in the activities, due to any cause whatsoever, including negligence, breach of contract, breach of any statutory or other duty of care including under the Occupiers Liability Act on the part of the Releasees and further, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD AND PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I agree to hold harmless and to indemnify the Releasees from any and all liability for property damage or personal injury to any third party resulting from my participation in the activities. I agree that this agreement shall be binding upon my heirs, next of kin, executors, administrators and assigns in the event of my death. I agree that this agreement shall be governed and interpreted in accordance with the laws of the Province of Alberta and any litigation involving the parties to this agreement shall be brought in Alberta. In entering into this agreement, I am not relying on any oral or written representation or statements made by the Releasees with respect to the safety of the Basketball Activities other than as set forth in this agreement. I, the undersigned, as the parent or legal guardian of the Participant, acknowledge and agree to this agreement, fully understand its terms and the rights I have given up by signing it, and sign it freely and voluntarily without any inducement.ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING. THIS ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT (THIS “AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION. IN CONSIDERATION of permitting my child/ward listed below (“Participant”) to participate in the basketball training sessions and other activities that will take place as part of the Jr. NBA/Canada Basketball program that will be made available to Participant (collectively, the “Activities”) and to enter and remain at any site(s) in which the Activities occur (including all surrounding parking areas, pedestrian plazas and entryways, the “Activity Site(s)”), the undersigned, on behalf of myself, Participant, and my and Participant’s personal representatives, heirs, assigns, executors, administrators, next of kin, and other persons acting or purporting to act on my, Participant’s or their behalf (collectively, “Related Parties”), hereby acknowledge and agree as follows: 1. Acknowledgments of COVID-19 and Other Risks. I fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that may be implemented from time to time by NBA Properties, Inc. (“NBAP”), the National Basketball Association (the “NBA”), Canada Basketball (“CB”) and/or third parties (including, but not limited to, governmental agencies and NBAP’s designees) (collectively, the “Activity Site Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. I fully understand and knowingly and voluntarily assume all risks related to Participant’s participation in the Activities and traveling to, entrance to, and presence at any Activity Site(s), which may include an increased risk of exposure to illness (including, without limitation, COVID-19), personal injury, disability, other short-term or long-term health effects and/or death, which might result not only from my or Participant’s own actions, inactions or negligence, but from the actions, inactions or negligence of any of the Released Parties (as defined below). I accept personal responsibility for any and all damages, liability, and other losses that I, Participant or any of the Related Persons may incur in connection with the foregoing risks. 2. Acknowledgements of Vaccination Mandate. I agree that, if I am eighteen (18) years of age and older, I must be fully vaccinated with the authorized COVID-19 Vaccine at least for 14 days or more, prior to participating in Activities. I fully understand that this vaccine mandate is in line with Public Health Agency of Canada and U.S. Centers for Disease Control and Prevention (CDC) guidance, which state that high-risk sports and activities should be virtual or cancelled in areas of high community transmission unless Participants are fully vaccinated. 3. Release, Waiver of Liability, and Covenant Not to Sue. (A) I, ON BEHALF OF MYSELF, PARTICIPANT, AND EACH OF THE RELATED PERSONS, HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY AND FOREVER RELEASE, WAIVE AND DISCHARGE (AND COVENANT NOT TO SUE), EACH AND ALL OF THE RELEASED PARTIES FROM (OR WITH RESPECT TO) ANY AND ALL CLAIMS, SUITS, CAUSES OF ACTION AND CLAIMS FOR DAMAGES, WHETHER PAST, PRESENT OR FUTURE, AND WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR IN CONNECTION WITH PARTICIPANT’S DEATH, PERSONAL INJURY, ILLNESS, DISABILITY, SUFFERING OF SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY, WHICH I, PARTICIPANT OR ANY OF THE RELATED PERSONS MAY HAVE OR HEREAFTER ACCRUE AGAINST ANY OF THE RELEASED PARTIES AS A RESULT OF OR THAT RELATE IN ANY WAY TO (I) PARTICIPANT’S EXPOSURE TO COVID-19; (II) PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES; (III) PARTICIPANT’S TRAVEL TO OR PRESENCE WITHIN THE ACTIVITY SITE(S) OR COMPLIANCE WITH ANY ACTIVITY SITE PROTOCOLS; OR (IV) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1, IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE. (B) FOR THE PURPOSES HEREOF, THE “RELEASED PARTIES” ARE: (I) NBAP, THE NBA AND ITS MEMBER TEAMS, AND EACH OF THEIR RESPECTIVE AFFILIATES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, PLAYERS, COACHES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND OTHER PERSONNEL (COLLECTIVELY, INCLUDING NBAP AND THE NBA, THE “NBA PARTIES”); (II) CB AND ITS RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, OFFICERS, OR VOLUNTEERS; (II) THE OWNERS, LESSEES AND SUBLESSEES OF ANY ACTIVITY SITES; (III) ANY THIRD PARTIES PRESENT AT OR FROM TIME TO TIME BROUGHT TO ANY ACTIVITY SITE(S) (INCLUDING, WITHOUT LIMITATION, NBAP’S BUSINESS PARTNERS AND MEDICAL PERSONNEL OR VENDORS OR OTHER PERSONNEL PERFORMING SERVICES AT ANY ACTIVITY SITE); AND (IV) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES AND OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS AND/OR ASSIGNS OF EACH OF THE FOREGOING ENTITIES AND PERSONS, WHETHER PAST, PRESENT OR FUTURE AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES. 4. Grant of License. I hereby acknowledge agree that Participant’s acts, poses, words and performances during the Activities (including, without limitation, any material posted on any social media network) will be in good taste and will not reflect negatively on the image, reputation or business of the Released Parties, and grant full permission to each of the Released Parties (and each of their designees, agents and licensees), with no obligation to compensate me, Participant or any Related Person, to utilize Participant’s name, voice, statements, image, likeness, biographical data and/or actions in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or in connection with, the Activities in any medium, whether now known or hereafter created, or context, without further authorization or compensation, and represent that the undersigned has the right to grant such permission on behalf of Participant. 5. Governing Law. I agree that this Agreement shall be governed by the laws of the State of Florida, without regard to choice of law principles. 6. Arbitration Agreement. I agree that (a) any current or future claim, action or proceeding between me and/or Participant, on the one hand, and any of the Released Parties, on the other hand, arising out of or relating to this Agreement, or Participant’s presence at any Activity Site(s) or participation in the Activities (collectively, the “Claims”), must be submitted for confidential, final and binding arbitration to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to the Federal Arbitration Act (“FAA”), (b) the FAA is applicable because the NBA Parties are engaged in transactions involving interstate commerce with respect to the Activities, (c) the arbitration shall proceed before a single arbitrator, (d) (i) if Participant participates in the Activities in the United States, the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures and (ii) if Participant participates in the Activities in a location outside of the United States, the arbitration shall be conducted in accordance with the JAMS International Arbitration Rules and Procedures, (e) any and all issues relating or pertaining to arbitration or this arbitration clause, including, but not limited to, the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated to the arbitrator selected pursuant to this provision, (f) the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law; (g) judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (h) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (i) any arbitration conducted pursuant to this Agreement shall take place in City of New York, State of New York, U.S.A. 7. Class Action Waiver. I agree that all claims described in Section 6 must be pursued on an individual basis only. By signing this Agreement, I hereby waive my and Participant’s right to commence, or be a party to, any class or collective claims against the Released Parties. 8. Severability. I agree that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable or ineffective, such provision or part thereof shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding. I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT; understand its terms, including that I and Participant are hereby giving up substantial legal rights; understand that it is a material inducement for Participant’s being permitted to participate in the Activities and to enter and be present at any Activity Site(s) and that the NBA Parties and the other Released Parties are relying upon it; and further agree that no oral representations, statements or inducement contrary to anything contained herein have been made by NBAP or any of its employees or agents or any of the other Released Parties. If not signed by a parent or legal guardian below, I represent that I am eighteen (18) years of age or older, I have been fully vaccinated with an authorized COVID-19 Vaccine for at least 14 days prior to participation in Activities, I acknowledge that NBAP, CB and each of the Released Parties is relying on the grant of rights contained herein, and I agree and understand that I will be deemed to be Participant for all purposes hereunder. If signed by a parent or legal guardian, the parent or legal guardian has explained the risk of participating in the Activities, entering and being present in any Activity Site(s) and safety rules (including any Activity Site Protocols) to Participant and Participant understands the inherent risks and agrees to follow all rules of participating.
