Physical Condition / Medical Authorization
I certify that I am physically fit, have sufficiently trained for participation in the event and have not been advised otherwise by a qualified medical person. I further authorize medical treatment for me, at my cost, if the need arises.
Equipment and Facilities Inspection I agree that before I participate in any portion of the Event, I will inspect the related facilities and equipment, and will immediately advise the supervisor of the Event of any unsafe condition that I observe. I will refuse to participate in the Event until all unsafe conditions observed by me have been remedied.
Assumption of Risk/Liability Release and Indemnity
I acknowledge that this athletic event is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those cause by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, and lack of hydration. These risks are not only inherent to athletics, but are also present for volunteers. I hereby assume all of the risks of participating &/or volunteering in this event. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault.
I acknowledge that this accident waiver and liability release form will be used by the event holders, sponsors, and organizers of the event in which I may participate, and that it will govern my actions and responsibilities at said events.
In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) Waive, Release and discharge from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: THE KO BROS WARRIORS / / KO BROS INC., THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AND AGENTS, THE EVENT HOLDERS, EVENT SPONSORS, EVENT VOLUNTEERS; (B) Indemnify and Hold Harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this event, whether caused by the negligence of releases or otherwise. The accident waiver and release of liability shall be construed broadly to provide a release and wavier to the maximum extent permissible under applicable law. I hereby certify that I have read this document; and I understand its content.
Assumption of Risk/Liability Release and Indemnity
This is an agreement between the undersigned and THE KO BROS WARRIORS / KO BROS INC. (“KO”), (including its licensees, successors and assigns, parents, subsidiaries, agents and affiliates) (collectively, “Producer”). In exchange for the opportunity to create multimedia content for use by The KO Bros Warriors / KO Bros Inc. (“KO”), I agree to the following:
1. I irrevocably grant to Producer the right to record me and to use my name, likeness, voice, information about me, and any material that I contribute (collectively, the “Materials”) in and in connection with the production and exhibition of the Program and any derivative works thereof. I further grant to Producer and any programming the right to use the Materials throughout the universe, in perpetuity, in any and all media now known or hereafter devised, without any monetary compensation to me, in any manner including in connection with any marketing, promotion, publicity, advertisement, and/or merchandising for the Program and any derivative works thereof. I agree that Producer may use all or any part of the Materials, and may alter or modify the Materials, regardless of whether or not I am recognizable. I understand that Producer is recording me in reliance on this consent and I acknowledge that Producer has no obligation to use my likeness.
2. I agree that Producer shall own all of the rights to the Materials, and that the Materials will be a “work for hire” by me for Producer. I assign and transfer any rights, including copyright, I may have in the Materials to Producer. I waive any right to object to any use (including any editing, dubbing, animation or fictionalization) of the Materials by Producer or Network for any reason. I agree that Producer shall have the right to include any such information or material in the Program or otherwise in its sole discretion, and consent to its dissemination.
3. RELEASE, AGREEMENT NOT TO SUE & INDEMNITY. To the maximum extent permitted by law, I (on behalf of myself and my heirs, executors, agents, successors or assigns) agree to release from liability, never sue, and bring no proceedings of any kind against Producer, Network, and/or any of their parents, subsidiaries, assignees, licensees, affiliates or anyone associated with the Program (the “Released Parties”) for any claims, actions, damages, losses, costs, expenses or causes of action whatsoever that in any way relate to this Agreement, my participation in the production of the Program, or the creation, use, or exhibition of the Materials or the Program, on any legal theory (including, without limitation, failure to adequately compensate me, infliction of emotional distress, personal injury, rights of privacy and publicity, defamation, or false light), regardless of whether caused by the negligence or willful misconduct of the Released Parties (collectively, the “Released Claims”). I will defend and indemnify the Released Parties from any Released Claims and any breach or alleged breach by me relating to this Agreement.
4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, I WAIVE ANY AND ALL RIGHTS I MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND EVERY LIKE PROVISION IN ANY FOREIGN JURISDICTION. SECTION 1542 PROVIDES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
5. MEDIATION & ARBITRATION. Subject to Producer and/or Network’s right to enforce the provisions of Section 4 above, the parties agree that if any dispute in connection with this Agreement cannot be settled through direct discussions, it shall be resolved by final and binding arbitration administered by JAMS, the dispute resolution organization, in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof (including the rule that each party shall pay pro rata its share of JAMS fees and expenses). I agree that I may not seek or obtain injunctive or other equitable relief in connection with this Agreement. All proceedings brought pursuant to this paragraph will be conducted in the City of Los Angeles.
6. Producer may license, assign, and transfer any or all rights in this Agreement to any person or entity. This is the entire agreement between Producer and me, and it supersedes all prior oral or written communications. I am not relying on any promise or statement, express or implied, that is not contained in this Agreement. The illegality, invalidity or unenforceability of any specific provision shall in no way affect the remainder of this Agreement. This Agreement cannot be terminated, rescinded or amended, except by a written agreement signed by both Producer and me. It may be executed by original, facsimile or electronic signature. This Agreement shall be interpreted under the internal, substantive laws of the State of California without regard to the conflicts of law provisions thereof. The parties submit to the in personal jurisdiction of the Superior Court of California located in the County of Los Angeles and the United States District Court for the Central District of California, and waive any objections thereto.
