I/we (Parent/Guardian of Participant and Participant) agree to the following terms and conditions of participating in the Camp provided by EVERETT SPORTS MARKETING (hereinafter ESM).
1. Medical Condition & Authorization. I certify that the named Participant is physically able to participate in the ESM camp and that I know of no restrictions, physical impairments, or any other facts, which in any manner limit his/her participation in such Camp. I also understand that ESM will administer no physical examinations prior to or during the Camp and that ESM will rely solely upon the information shown on this form and/or otherwise provided in writing in advance to an ESM Corporate Officer. I give permission for Participant to receive emergency medical treatment and hospitalization if necessary. I hereby authorize directors, coaches, staff and associates of ESM to act on my behalf according to their best judgment in any emergency requiring medical treatment and hospitalization, if necessary.
2. Financial Responsibility & Insurance. I will be financially responsible for any medical attention needed of the Participant during the Camp or resulting from an injury received at Camp. I represent that I have provided and maintain adequate health and medical insurance coverage for Participant covering any and all activities related to the Camp. My medical insurance shall be the insurance coverage for any medical treatment. I also understand and agree that ESM shall not assume, or be responsible or liable for expense, medical treatment, or compensation for any injury that Participant suffers during Camp participation or related activities.
3. Compliance with Camp Rules. Participant understands and agrees to comply with all of ESM’s Camp rules, policies, instructions, conditions and requirements for participation, whether stated or unstated, whether written or unwritten (Camp Rules). I/we agree that if you observe any unusual or significant concern in Participant’s readiness for participation in the Camp or participant’s failure or unwillingness to comply with the Camp Rules, you may, at your sole discretion, remove participant from the participation and immediately inform the nearest ESM official or instructor. Removal of the Participant from the Camp, at any time during the Camp, will in no way entitle Participant to a refund. Also, I/we hereby release and forever discharge ESM from any and all claims, actions, damages, or liabilities (including attorneys’ fees and costs), arising from or related to any acts, actions, failures to act by Participant or Participant’s disregard or failure to follow Camp Rules.
4. Assumption of Risk of Camp Activities. I understand the risk of injury to Participant from the activities involved in the Camp is significant, including the potential for permanent disability and death. The term “Camp Activities” includes but is not limited to: activities on and off the Camp facility, field and/or site, and includes activities before, during and after field instruction, beginning from Participant’s arrival to the Camp facility, field and/or site up and through the conclusion of the Camp. While the particular Camp rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist. I/WE (PARENT/GUARDIAN AND PARTICIPANT) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF ESM, AND/OR ITS COACHES, STAFF, CAMP MANAGEMENT, AND DIRECTORS AND I/WE ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN CAMP BY PARTICIPANT.
5. I hereby irrevocably grant any producer, sponsor, and media distribution partner, and the respective parents, subsidiaries, affiliates, partners, licensees, successors, and assigns of any producer, sponsor, and media distribution partner (collectively, Licensees) all necessary rights to use, record, copy, display, reproduce, edit, modify, make derivative works from, perform, broadcast, and re-broadcast Participant’s name, voice, picture, portrait, likeness, all statements and/or performances (collectively, Participant’s Likeness) in audio, digital, and video recordings (the Recordings) made in, at, around, or in connection with development and production of media content related to Licensees (collectively, the Programming), in all media and distribution platforms for both editorial and commercial purposes, whether now known or hereafter existing, in perpetuity throughout the universe. I acknowledge and understand that no Recordings or promotional materials need to be submitted to Participant or me for approval, and Licensees shall have no liability to Participant or me for any modifications of the Recordings, or distortion or illusionary effect resulting from the use of Participant’s Likeness. This license does not in any way conflict with any existing commitment on Participant’s part. Nothing herein will constitute any obligation on the part of Licensees to use any of the above rights. I acknowledge that all Recordings and related materials produced hereunder, including those that include Participant’s Likeness, shall be and remain the absolute and exclusive property of Licensees forever. I further acknowledge that Participant’s appearance in, or Licensees’ use of, the Recordings and the Programming shall not be governed by any guild, union or performing rights organization.
6. RELEASE, INDEMNIFY & HOLD HARMLESS. I/WE FOR MYSELF AND ON BEHALF OF PARTICIPANT HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS ESM, and its Coaches, staff, Camp management, Directors, Sponsors, Representatives, Volunteers, Licensees and if applicable, the owners and lessors of the premises used to conduct the Camp (Releasees) with respect to ANY AND ALL INJURY, DISABILITY, DEATH OR LOSS OR DAMAGE TO PERSON OR PROPERTY INCIDENT TO PARTICIPANT’S INVOLVEMENT OR PARTICIPATION IN ANY AND ALL CAMP ACTIVITIES WHETHER ARISING FROM THE NEGLIGENCE OF RELEASES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. I further release and forever discharge and promise not to sue Releasees for all injuries, illness, losses, damages, liabilities, claims including, without limitation,any claim for misrepresentation of Participant, or any claim based on infringement, invasion of privacy, portrayal in false light, defamation, or right of publicity,or expense of any kind or nature that are caused or alleged to because by or in connection with the Recordings, the Programming and/or any of the grants of rights contained herein.
7. Publicity. I understand and agree ESM retains the right to use, for publicity and advertising, photographs of Participants taken at Camp.
8. LIMITATION OF LIABILITY: I AGREE THAT THE TOTAL LIABILITY OF ESM, its affiliates and respective directors, officers, employees, and agents with respect to services performed or to be performed by ESM SHALL NOT EXCEED 100% OF THE COMPENSATION RECEIVED BY ESM, FROM I/WE PERTAINING TO PARTICIPANT. THE PARTIES AGREE AND ACKNOWLEDGE THIS SECTION OF THE AGREEMENT IS A MATERIAL PART OF THE CONSIDERATION FOR THE AGREEMENT.
9. Severability. In the event that any provision of these Terms and Conditions, or the application of any such provision to any person or set of circumstances, shall be determined to be invalid, unlawful or unenforceable, the remainder of these Terms and Conditions shall continue to be valid and enforceable to the fullest extent permitted by law.
10. Governing Law & Jurisdiction. These Terms and Conditions will be governed by the laws of the state of South Carolina. I/we agree that any action brought under these Terms and Conditions shall be brought in the federal or state courts of South Carolina. In the event either party commences an action under these Terms and Conditions, the prevailing party shall be entitled to reasonable attorneys fees and costs.