IN CONSIDERATION of being permitted to participate in any way in the EVENT(S), EACH OF
THE
UNDERSIGNED, for him/herself, his/her personal representatives, heirs, and next of kin:
1.
HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Lauric Tennis
Associates/Robbie Wagner’s and all of their directors, officers, agents,
volunteers and
employees, (hereinafter
referred to as “Releasees”) FROM ALL LIABILITY TO THE UNDERSIGNED, his/her
personal
representatives,
assigns, heirs and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR
DEMANDS
THEREFORE ON ACCOUNT OF INJURY AND/OR EXPOSURE TO INFECTIOUS SYNDROMES OR
DISEASES TO THE PERSON OR PROPERTY OR RESULTING IN ILLNESS AND/OR DEATH OF THE
UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE
NEGLIGENCE OF THE RELEASEES OR OTHERWISE. BY PARTICIPATING OR ATTENDING THIS
PROGRAM YOU ASSUME ALL RISKS WHETHER KNOW OR UNKNOWN.
2.
HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of
them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or
related
to
the PROGRAM (S) WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise.
3.
HEREBY acknowledges that THE ACTIVITIES OF THE PROGRAM(S) MAY BE DANGEROUS
and
involve risks including but not limited to exposure to infectious syndromes
and
diseases, serious illness,
injury and/or death and/or property damage and he/she ASSUMES FULL
RESPONSIBILITY FOR
ANY
RISK WHATSOEVER, INCLUDING BUT NOT LIMITED TO BODILY INJURY, EXPOSURE,
DEATH OR PROPERTY DAMAGE arising out of or related to the PROGRAM (S)
whether caused by
the
NEGLIGENCE OF RELEASEES or otherwise.
4.
HEREBY grants to the Releasees (and grants to the Releasees the right to
grant to
others), as well as their
successors and assigns, in perpetuity, the irrevocable right (but not
the obligation),
with or without my
knowledge, to film, tape, photograph, record, exhibit, edit, alter,
copy, reproduce,
license, sell, rent,
disclose, display, publish, distribute, broadcast, webcast, prepare
derivative works
from or otherwise
preserve, use and/or exploit in any format and/or manner now known or
hereafter
developed, whether
commercial or non-commercial in nature (collectively, the “Use and
Materials”): (1) my
appearance at
and/or participation in the Event; (2) my name, likeness, signature,
voice, singing
voice, conversation,
sounds, biographical data, testimonials, and/or any other information or
material
secured by the Releasees
in connection with my appearance at and/or participation in the Event. I
agree that
Releasees shall have the
right to the Use and Materials, for their own account, throughout the
universe and in
perpetuity. I
acknowledge and agree that I shall not be entitled to receive any
compensation
whatsoever in connection
with the Releasees’ exercise of its Use and Materials rights.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF ALL RISK,
AND
INDEMNITY 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, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND
MY
SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE
GREATEST EXTENT ALLOWED BY NEW YORK LAW.
PARENT OR LEGAL GUARDIAN ACKNOWLEDGEMENT (IF UNDER THE AGE OF 18)
I represent and warrant that I am the parent or legal guardian of, the individual
who signed the foregoing Release
(“Minor”) and that I have received, read, and understood the foregoing Release and
Waiver. I fully consent to and
voluntarily authorize the Minor to execute said Release and Waiver (or, if
applicable, have voluntarily executed said
Release and Waiver on Minor’s behalf). I acknowledge and agree that all
representations, consents, agreements,
grants, waivers, authorizations, indemnifications and releases herein shall be
regarded as made by me on behalf of
the Minor and shall be binding on me and the Minor.
Furthermore, in consideration of Releasees possibly including me and/or Minor in the
Program, I hereby agree to be
bound by and to perform all of the terms and conditions of the foregoing Release and
Waiver (including, without
limitation, the provisions regarding release of all claims), as such terms and
conditions may relate to my
participation and/or the participation of the Minor in the Program, if any.
