RELEASEOFLIABILITYANDINDEMNITYAGREEMENT (“Agreement”)
In consideration of Dick's Sporting Goods, Inc. (“Dick’s”) permitting me or my minor child to participate in the Dick’s Sporting Goods Team Relay Challenge on February 20, 2016, including but not limited to baseball skills and drills training(the “Events”), I, the undersigned, for myself/child and my heirs, executor, successors and assigns, do hereby give my permission for myor my minor child’s participation in the Events and do hereby agree to the following conditions:
I grant the Dick’s Group (as hereinafter defined) the absolute right and permission to use my name, address, image, likeness, voice, and opinions obtained during the Events (collectively, the “Materials”) in any and all media for illustration, art, editorial, trade, advertising and/or promotional purposes, or to refrain from doing so. This right shall extend worldwide for all advertising and/or promotional purposes without notice to me and without further compensation.
I agree that all photographs, videotape, film and recordings (including but not limited to digital video recordings) of me used and taken by the Dick’s Group during the Events are owned by the Dick’s Group and that they may contain copyright material. If I should receive any print, negative or other copy thereof, I shall not authorize its use by anyone else.
I understand that I shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the Materials.
I further agree that the Events may include participation by me or my minor child in activities and demonstrations that are potentially very dangerous activities which involve risks, inherent and otherwise, known or unknown, that cannot be eliminated. I understand that these activities undertaken during the Events may cause injury, illness, paralysis or death to myself, my minor child, other persons, and/or damage to property. I further understand that negligence of the Dick’s Group or other risks associated with the Events may cause injury, illness, paralysis or death to myself, my minor child, other persons, and/or damage to property. Some of the risks associated with the Events include, but are not limited to falls, equipment failure, collisions, impacts, and known or unknown medical conditions. I assume full and sole responsibility for all risks, both known and unknown, inherent or otherwise, related to the Events. Further, I am voluntarily participating in the Events with knowledge of the risks.
I further authorize the Dick’s Group to secure any and all emergency medical treatment for me and/or my minor child in the event I am unresponsive or I cannot be contacted. I also agree to pay all the costs and fees for any emergency medical care and treatment for me and/or my minor child as secured or authorized under this consent.
WITH FULL UNDERSTANDING OF MY RIGHTS, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE DICK’S, AND ITSPARENT COMPANIES, SUBSIDIARIES,AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES AND EACH OF THEM AND/OR ANYONE ASSOCIATED IN ANY WAY WITH MY/MY MINOR CHILD’S PARTICIPATION IN THE EVENTS (HEREINAFTER INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS THE "DICK’S GROUP") FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, ACTIONS, SUITS, PROCEEDINGS, PRODUCT LIABILITY ACTIONS, WARRANTY ACTIONS, BREACH OF CONTRACT ACTIONS, EXPENSES, ATTORNEY FEES AND LIABILITY (“CLAIMS”), THAT I, ANYONE ON MY BEHALF, MY HEIRS OR NEXT OF KIN MIGHT HAVE ARISING OUT OF OR RELATEDTO (i) ANY INJURY TO MY PERSON/CHILD OR PROPERTY SUFFERED OR CLAIMED TO HAVE BEEN SUFFERED BY ME WHICH ARISES OUT OF OR IS RELATED IN ANY MANNER TO MY/MY MINOR CHILD’S PARTICIPATION IN THE EVENTS OR THE USE OF ANY EQUIPMENT OR FACILITIES DURING THE EVENTS, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT THE ACT OR OMISSION COMPLAINED OF WAS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE IN ANY FORM OF THE DICK’S GROUP AND/OR (ii) THE USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS FOR LIBEL OR INVASION OF PRIVACY. I UNDERSTAND AND AGREE THAT THIS IS A COMPLETE RELEASE AND DISCHARGE OF ALL CLAIMS AND RIGHTS I MAY HAVE AGAINST DICK’S GROUP AND THAT NO ACTION WILL BE TAKEN BY OR ON BEHALF OF ME WITH RESPECT TO ANY SUCH RIGHTS. I UNDERSTAND THAT THIS RELEASE SHALL BE BINDING UPON MY HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS.
I further agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND in any action or proceeding, the Dick’s Group from and against all Claims for or relating to my/my minor child’s participation in the Events, my use of any equipment or facilities during the Events, or for my failure to comply with the terms of this Agreement, regardless of whether the act or omission complained was caused in whole or in part by thenegligence in any form of the Dick’s Group.
This document is governed by the laws of the Commonwealth of Pennsylvania. If one or more portions of this document are found unenforceable, the remainder of the document will remain enforceable. If I am a minor, my parent or guardian is signing individually and on my behalf and we both agree to be bound by the terms of this agreement.
I have read and fully understand this Release of Liability and Indemnity Agreement and agree to be bound by its terms. Iunderstand that by signing this document I may be waiving certain legal rights, including the righttosuetheDick’sGroup. Isignthisdocumentfreelyandwillingly.
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ParticipantParent/GuardianSignature
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