2019 Astoria Social Kickball Consent, Release and Waiver of Liability
In consideration of participating in the Astoria Social 2019 Kickball Spring, Summer, and Fall Seasons, (the “Event”) sponsored by Astoria Social LLC (“Astoria Social”), I , grant to Astoria Social, its subsidiaries, and affiliates and their respective legal representatives, licensees and assigns (the “Licensed Parties”), the absolute right and permission to use, distribute, publish, exhibit, display, reproduce, digitize, copyright and otherwise feature my name, photographic and non-photographic likenesses or other images of me, or in which I may be included, or anything based upon or derived therefrom taken at or in connection with the Event including activities which may precede or follow the Event (collectively, the “Material”), or to refrain from so doing, in any manner or media whatsoever (whether now known or hereafter devised), including but not limited to the Internet (which may include without limitation, Licensed Parties’ Internet sites and activities on Astoria Social branded social media platform pages and Internet sites and activities on social media platform pages of Astoria Social’s resellers or those with whom Astoria Social is affiliated or has relationships), throughout the world in perpetuity. The rights granted to the Licensed Parties are for the purposes of advertising, promoting and publicizing the Event, Astoria Social, Astoria Social related companies, and/or the products or services Astoria Social distributes or provides.
I waive any right that I may have to inspect or approve of the finished product(s) and any advertising copy or other matter that may be used in connection therewith or to the eventual use that it might be applied.
I acknowledge, agree, and represent that I understand the nature of playing kickball and that I am qualified, in good health, and in proper physical condition to participate in playing kickball. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
I fully understand that playing kickball involves risks and dangers of serious bodily injury, including permanent disability, paralysis and death. These dangers and risks may be caused by my own actions or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the Licensed Parties. There may be other risks and economic and social losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME SUCH RISK AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I INCUR as a result of my participation.
I release, discharge and agree to hold harmless the Licensed Parties, and all persons acting under Astoria Social, its subsidiaries, and affiliates its permission or authority, from any liability by virtue of any claim for additional compensation or any use, blurring, distortion, alteration, optical illusion, or use in any composite form, whether intentional or otherwise, that may occur or be produced in the taking of such Material or in any subsequent processing or reproduction thereof, as well as any publication thereof, including without limitation any claims for libel, defamation or violation of rights of privacy or publicity.
Further, I understand that, in connection with participating in the Event, there is a chance that I may injure myself or damage my property, or that I may cause another individual to injure himself/herself or damage their property. I voluntarily assume this risk and will be solely responsible for my own actions. I hereby release and hold harmless the Licensed Parties, and/or anyone acting on their behalf or with their permission, from any and all liability due to any such injury(ies) or damage(s).
I have read this Consent, Release and Waiver of Liability prior to its execution, and I am fully familiar with the contents thereof. I hereby represent and warrant that: a) this Consent, Release and Waiver of Liability does not in any way conflict with any existing commitments on my part, and b) I am of full age and have the right to contract in my own name. This Consent, Release and Waiver of Liability contains the entire understanding between the parties, there being no prior written or oral promises or representations concerning the subject matter that are not incorporated herein.
This Consent, Release and Waiver of Liability may not be modified except by a writing duly executed by both parties. The transmittal of a fully-executed original of this Consent, Release and Waiver electronically or by facsimile machine will constitute good and valid execution of this Consent, Release and Waiver and will be legally binding on the parties.
I hereby acknowledge, agree, and represent that I shall comply with all rules, regulations, and standards (the “Rules”) relayed to me by Astoria Social in any manner, including, but not limited to Rules available at http://www.astoria-social.com/kickball, and that if I do not comply with the Rules, Astoria Social reserves the right to remove, suspend, ban, or terminate my participation in the Event.
If any provision of this Consent, Release and Waiver of Liability or the application thereof is held invalid by a court of law, the invalid provision shall not affect any other provision or the application thereof which can be given effect without the invalid provision or application, and to this end the provisions of this Consent, Release and Waiver of Liability are declared to be severable.
This Consent, Release and Waiver of Liability shall be binding upon me and my heirs, legal representatives, and assigns.
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Signed by Astoria Social LLC
Signed On: April 19, 2019
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Document Name: 2019 Astoria Social Kickball Consent, Release and Waiver of Liability
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