RELEASE AND WAIVER OF LIABILITY, INDEMNITY, PUBLICITY AGREEMENT
IN CONSIDERATION of being permitted to train with DAYES SOCCER TRAINING for any purpose, including, but not limited to observation, use of facilities or equipment, or participation in any way, the undersigned, for himself or her- self and any personal representatives, heirs and next of kin, hereby acknowledge, agrees and represents that he or she has, or immediately upon entering will, inspect such premises and facilities.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE DAYES SOCCER TRAINING FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION, USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY WAY, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING.
1) THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the DAYES SOCCER TRAINING, its directors, officers, employees and agents (herein after referred to as “releases”) from all liability to the undersigned, his personal representatives, assigns, heirs and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releases or otherwise while the undersigned is in, upon, or about the premises or any facilities or equipment herein; and undersigned is in, or about the premises or any facilities or equipment therein; and
2) THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releases and each of them from any loss, liability, damage or cost they may incur due to the presence of the undersigned in, upon or about the DAYES SOCCER TRAINING whether caused by the negligence of the release or other- wise; and
3) THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of the releases or otherwise while in, about or upon the premises during a DAYES SOCCER TRAINING training session and/or while using the premises or any facilities or equipment hereon.
4) THE UNDERSIGNED further expressly agrees that the foregoing RELEASES, WAIVER, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as in permitted by the laws of the State of Kentucky and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
5) THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representatives, statements or inducement apart from the foregoing written agreement have been made.
6) THE UNDERSIGNED HEREBY AGREES TO DAYES SOCCER desires to use and publicize certain personal characteristics and information of photos and/or videos I am submitting to its website for advertising, promotion, and other commercial and business purposes. In exchange for the intangible value, the undersigned will gain by participating in DAYES SOCCER publicity programs and other good and valuable consideration, the undersigned agrees as follows:
THE UNDERSIGNED HEREBY IRREVOCABLY AUTHORIZES DAYES SOCCER and their respective, advertising agencies, promotion agencies, and the employees, officers, directors, and agents of each and all of them (collectively, “Authorized Persons”), to publicly display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works of, exploit, sell, rent, license, otherwise use and permit others to use my name, image, likeness and appearance, voice, and other personal characteristics and information and all materials created by or on behalf of Company that incorporate any of the foregoing (“Materials”) on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created, including without limitation on the Internet, and for any purpose, including without limitation advertising, public relations, publicity, and promotion of DAYES SOCCER and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.
THE UNDERSIGNED ACKNOWLEDGES AND AGREES that the undersigned has no right to review or approve Materials before they are used by DAYES SOCCER and that DAYES SOCCER has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from Company’s editing, alteration, or use of the Materials. DAYES SOCCER has no obligation to use the Materials or to exercise any rights given by this Publicity Waiver & Release.
THE UNDERSIGNED ACKNOWLEDGES that to the fullest extent permitted by applicable law, the undersigned hereby irrevocably waive all legal and equitable rights relating to all past, present, and future liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for defamation, invasion of rights of privacy or publicity, intrusion, false light, or any similar claim or cause of action in tort, contract, or any other legal theory, now or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights hereunder and the use and exploitation of the Materials, and I hereby covenant not to make or bring any such Claim against any Authorized Person and forever release and discharge the Authorized Persons from liability under such Claims.
This Publicity Waiver and Release is binding on my heirs, executors, successors, and assigns.
THIS WAIVER AND RELEASE PROVIDES DAYES SOCCER WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY. BY COMPLETING THIS AGREEMENT AND FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE DAYES SOCCER.