WAIVER AND RELEASE OF LIABILITY AND APPEARANCE AGREEMENT
1. Assumed Risk. I understand and agree that my participation in the Event does not constitute the performance of services as contemplated under an NFL Player Contract and that my participation in the Event involves certain risks, including, but not limited to, serious injury, exposure to communicable diseases, viruses, bacteria or illnesses, or the causes thereof, and death, whether occurring before, during or after the Event, however caused, and I hereby waive all claims and potential claims relating to such risks, hazards & dangers. NOVEL CORONAVIRUS SARS-COV-2 (TOGETHER WITH ANY VARIATION THEREOF, "COVID-19") IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. THE CDC ADVISES THAT THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE ARE PRESENT. I acknowledge that I am knowingly and voluntarily participating in the Event with an express understanding of the risk and danger involved and hereby agree to accept and assume any and all risks of injury, illness, death, whether caused by the ordinary negligence of the National Football League Players Association, with offices at 1133 20th Street N.W., Washington, D.C. 20036 (“Company”) or otherwise.
2. Waiver and Release. I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against Company, its subsidiaries, and their respective directors, officers, employees, volunteers, members, sponsors, independent contractors, agents, and other Event participants, and the Rose Bowl Operating Company (collectively, the “Releasees”) on account of injury, illness, death, property damage, or any other loss arising out of or attributable to (a) my participation in the Event, including, but not limited to, football, football drills, practice and other football related activities, exercise, training, travel to and from the Event, social interaction, and use of the Event facilities, premises, and/or equipment (including sensor tracking devices), whether arising out of the ordinary negligence of the Company or any Releasees or otherwise; and (b) the use of the Materials (as defined herein) and rights granted hereunder. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I understand that by signing this release, I am waiving any and all claims of any kind, arising out of or attributable to my participation in the Event, including those claims that may be unknown to me, or which I do not suspect to exist at this time. I expressly waive the provisions of California Civil Code Section 1542 and of any law, regulation or provision of any code of civil procedure of any other jurisdiction which is similar, comparable or equivalent to California Civil Code 1542 which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
3. Indemnification. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all claims, losses, damages, and liabilities of any kind, including reasonable attorney fees and the costs of enforcing any right to indemnification under this Agreement, arising out of or resulting from any claim of a third party related to my participation in the Event, including any claims arising out of my own negligence or the ordinary negligence of the Company.
4. Rights: I understand, acknowledge and agree that between Company and myself, the Company is and shall be the sole and exclusive owner of all rights, title and interest in and to the Event, and any photographs, renderings or digital or electronic pictures, film footage, video tape, digital or electronic recordings made or taken of me in connection with my participation in the Event, and all negatives, prints, tapes and reproductions thereof (collectively, the “Materials”), including but not limited to any rights of intellectual property and copyright, and that I have no interest or ownership in any such Materials or rights. I waive the opportunity and right to inspect or approve the Materials or any of the uses to which they, or any derivative works thereof, may be put in accordance with this Agreement. To the fullest extent allowed by law, I hereby waive all rights of publicity, privacy, or pre-approval for any use of my name, voice, image, and likeness in connection with the Event and within the Materials (“Identity”). I hereby grant to Company and its assigns permission to copyright, use, and publish (including by electronic means) such Identity, whether in whole or part, in any form without restriction in connection with (a) promotion and exploitation of the Event and future events, and (b) in connection with or for any projects, programs or uses of or by the Company or any of its licensees and assigns, including but not limited to, use in connection with NFLPI’s group licensing programs. Notwithstanding the foregoing, in no event will Company use the Identity in a manner that constitutes an endorsement of any third party, product or service without Player’s consent.
5. Consent to Treatment: I hereby consent to any and all medical treatment deemed necessary as a result of accident, illness, or injury sustained during the Event. I acknowledge and agree that I shall be responsible for any and all costs incurred as a result of an accident, illness, or injury sustained during the Event. In the event of an accident, illness, or injury, the player’s insurance coverage shall serve as the primary insurance policy. Notwithstanding the foregoing, the NFLPA may, in its sole discretion, assist Player with the cost of qualifying medical and travel expenses incurred as a result of physical injury incurred through football activities sustained during the Event, subject to the terms and conditions of the NFLPA’s Collegiate Bowl Medical Reimbursement and Travel Guidelines.
6. Publicity: I acknowledge and agree that I will not issue, release, authorize, or in any way participate in any publicity, press release, interviews, advertisements, or promotional activities relating to the Event (collectively, the “Publicity Activities”), other than as expressly authorized by Company.
7. Acknowledgment of Understanding: This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding and shall inure to the benefit of the Company and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision and all disputes will be resolved using binding arbitration (to the extent permitted by law) in Washington, D.C. or another location mutually agreed upon by the parties hereto. No handwritten changes to this Agreement will be effective.
The individual named below (referred to as “Player, “I”, or “me”) desires to participate in the 2023 NFLPA Collegiate Bowl all-star game occurring in and around Los Angeles, California (the “Location”) and all related activities, including, without limitation, practices and social events (whether singular or plural, hereinafter referred to as the “Event”) provided by the National Football League Players Association, with offices at 1133 20th Street N.W., Washington, D.C. 20036 (“Company”). As lawful consideration for being permitted by Company to participate in the Event, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE EVENT. I ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT MAY BE EXECUTED BY ELECTRONIC SIGNATURE, WHICH SHALL BE CONSIDERED AS AN ORIGINAL SIGNATURE FOR ALL PURPOSES AND SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A MANUAL SIGNATURE.