PARTICIPANT RELEASE
Please Read Carefully, Sign and Return to UPLAY Canada
For purposes of this “Participant Release” document, “Event” means a UPLAY Canada and/or affiliate hosted event, any and all transportation to, from and between Event locations, all product testing at the Event, and all other activities related to the Event and to my participation in the Event. In consideration of the opportunity to participate in the Event, I, the undersigned participant, acknowledge and agree that:
1. ASSUMPTION OF RISK. Participation in or attendance at the Event involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage, and severe social and economic losses. These may result from my own actions or inactions or negligence, as well as the actions or inactions or negligence of others, the rules of play, and the condition of the facilities and equipment or vehicles. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I understand and I have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others and assume full responsibility for my participation in the Event. I warrant that I am physically and mentally able to fully participate in the Event. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released Parties (as defined below) from any costs or claims arising from such medical care.
I agree and understand that there are significant risks (some known and others unknown or unforeseeable) or death associated with participation in an elite basketball program. These risks include the possibility of very serious injuries which can occur for a variety of reasons and under a variety of circumstances related to the Elite basketball season. Such risks include, but are not limited to, the risks of injury; disability; paralysis or even death resulting from causes including, without limitation, field/court conditions; actions of players on opposing teams; weather; improper techniques in executing the skills needed to participate in basketball camp; actions of teammates, referees or spectators; hazards inherent in a sport involving extensive and sometimes violent physical contact; improper or malfunctioning equipment; improper or inadequate training or coaching; and negligence of employees, volunteers or others.
2. RELEASE FROM LIABILITY. I, for myself and on behalf of my heirs, estate, insurers, successors and assigns, fully and forever release and discharge UPLAY Canada, Inc. and the affiliates and subsidiaries of UPLAY Canada., their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, successors, assigns, and insurers, all Event sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event (collectively, the “Released Parties”) from any and all injuries (including death), losses, damages, claims (including negligence claims, excluding gross negligence and intentional misconduct claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in or attendance at the Event, including transportation related to the Event, even if it is due to the negligence of the Released Parties, to the fullest extent permitted by law.
Realizing that there are risks inherent in any program, and in consideration of my or our child/ward's being allowed to participate with UPLAY Canada, I/we agree to assume all risks (whether known or unknown) of participation, to release and hold harmless UPLAY Canada, together with its faculty, staff, employees, coaches, volunteers, trustees and other agents (collectively, the Releases), from any and all claims, liabilities and damages relating to any injury, sickness, death or destruction of any property which may arise out of, result from or be in any way connected with the participation of my child/ward in practices, training, tournaments or travel, other than claims, liabilities or damages based on the gross negligence of UCI or its employees.
In addition, I/we agree to indemnify and hold the Releases harmless from any and all claims for injuries or property damage brought on behalf of myself or our child/ward or alleged to have been caused by me or by our Child/ward while our child/ward is participating in/with UPLAY Canada.
3. AUTHORIZATION TO RECORD AND TO USE RECORDINGS AND NAME. I hereby grant to UPLAY Canada, Inc., its affiliates, subsidiaries, successors, assigns and licensees (collectively “UPLAY Canada”) permission to film, photograph, video record and otherwise record my image, voice, quotes, avatar, name, biographical data, silhouette, body dimension, shape, posture, personal property, or any other aspect of my attendance at the Event (collectively the “Recording”) and the right, throughout the world, in perpetuity, to register for copyright, to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), in all media and in any manner now known or hereafter developed, in connection with the Event or otherwise without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name. UPLAY Canada shall have no obligation to use any of the rights I grant. I represent that it is not necessary for UPLAY Canada to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.
I confirm my understanding and consent that by participating with UPLAY Canada, I/my child/ward, may be photographed, identified and/or interviewed by people providing information for school publications or the media. I give my permission for UPLAY Canada to publish, on its website or in other publications, photographs and other information which may identify my child/ward related to my child’s participation with UPLAY Canada.
4. AUTHORIZATION TO COLLECT AND USE DATA. While engaging in the Event, you may provide to UPLAY Canada (1) information such as your name, contact information, age, gender, and other demographic, physical, physiological or identifying characteristics specifically requested from you; and (2) data regarding your use or interaction with UPLAY Canada products or services including any feedback, comments or ideas you provide about the product, testing, or your experience during the Event (collectively “Event Data”). Your participation in the Event is voluntary. By participating in the Event and providing the Event Data to UPLAY CANADA, you hereby grant UPLAY CANADA permission to collect, capture, record, and store the Event Data, and grant to UPLAY Canada a license to use the Event Data for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
5. LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. I hereby grant to UPLAY Canada a perpetual license to use all comments, feedback and ideas I may share with them, without notice, compensation or acknowledgement to me, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
6. ARBITRATION. In the event of any dispute between me and any of the Released Parties (defined above), such dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (but not its Procedures for Large, Complex Commercial Disputes). The hearing shall be conducted in Ontario, Canada unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction.
7. CONFIDENTIALITY. I understand that, during the Event, I may be exposed to ideas, designs, discoveries, inventions, and trade secrets, including footwear, apparel and equipment designs under development, fabrication processes, innovative materials, drawings, business and marketing plans, sales data, and research about biomechanics and exercise physiology. I agree that all of UPLAY Canada’s files, data, and information are and shall remain the property of UPLAY Canada and as such may not be used, or copied or distributed to third parties, without the express prior written consent of UPLAY Canada. My obligations of non-disclosure with respect to UPLAY Canada’s proprietary information shall remain in effect for five years from the date I gain access, so long as such information has not entered into the public domain.
I acknowledge that UPLAY Canada has not arranged for nor carries any insurance of any kind for my benefit and that I am solely responsible for obtaining and paying for any health, life, travel, accident, property or other insurance relative to my injuries or any other loss I may sustain while participating in the Event.
I have read this Participant Release, fully understand and agree to its terms, and understand that I am giving up substantial rights by signing it. I sign this Participant Release freely and voluntarily, without any inducement or coercion. I have read this participation, assumption of risk, waiver and release of liability, and indemnification agreement; fully understand its terms; understand that I have given up substantial rights by signing it; and have signed it freely and voluntarily without any inducement (other than the opportunity to participate, assurance or guarantee being made to me/us. I/we intend my/our signature(s) to affect a complete and unconditional release and waiver of all liability, including any negligence of the releases identified in this agreement, and to indemnify the releases, to the greatest extent allowed by law.
