Sunday, November 10, 2024 at 10:00 AM to Sunday, November 10, 2024
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RELEASE AND WAIVER OF LIABILITY
In consideration of my participation and/or viewing and, if listed below, the participation and/or viewing of my children or the children on whose behalf I am signing this Waiver (my “Children”) in the All Abilities Football Clinic Event to be held on Sunday, November 10, 2024 at NovaCare Complex, One NovaCare Way, Philadelphia, PA 19145 (the “Event”) and, intending to be legally bound hereby:
1. I understand the Event involves physical activity and exertion and that there is a risk of injury by my Children’s and my participation in the Event. I represent that my Children and I are in sound physical condition and are physically able to participate in the Event. Neither my Children nor I have any pre-existing injuries or conditions which present a risk of injury or aggravation by such participation in the Event. I ASSUME THE RISK of my Children’s and my participation in and/or viewing of the Event.
2. For myself individually and for my Children in their individual capacity, I RELEASE FROM ANY AND ALL LIABILITY, WAIVE ALL CLAIMS, ACTIONS AND CAUSES OF ACTION WHICH I OR MY CHILDREN NOW HAVE OR MAY HEREAFTER HAVE AGAINST, AND AGREE NOT TO SUE Philadelphia Eagles, LLC, Philadelphia Eagles Limited Partnership, Eagles Stadium Operator, LLC, Eagles Stadium, Inc., Stadium Purchaser, LLC, Philadelphia Eagles Development, L.P., Philadelphia Eagles Development, Inc., Philadelphia Eagles, Inc., Eagles Autism Challenge, Inc., the City of Philadelphia, the Commonwealth of Pennsylvania, the Philadelphia Authority for Industrial Development, the Philadelphia Industrial Development Corporation, the respective subsidiaries and affiliates of each of the foregoing entities, and all of their respective direct and indirect, past, present and future officers, directors, members, managers, shareholders, affiliates, subsidiaries, partners, owners, agents, representatives, attorneys, employees, sponsors, licensees, contractors, successors and assigns (collectively, the “Eagles Organization”), Gamebreaker Incorporated (“Gamebreaker”), FOR ANY ACCIDENTS, PERSONAL INJURIES, OR DAMAGES TO PERSON OR PROPERTY WHICH OCCUR WHILE WE ARE PRESENT AT THE EVENT, OR IN ANY WAY ARISE OUT OF THE PARTICIPATION OF AND/OR VIEWING OF THE EVENT, WHETHER OR NOT AND INCLUDING IF THE EAGLES ORGANIZATION, OR GAMEBREAKER WAS NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS OR OTHERWISE AT FAULT.
3. WAIVER OF CLAIMS RELATED TO COVID-19: I am aware that the novel coronavirus (“COVID-19”) has been declared a global health pandemic and that COVID-19 is a highly contagious disease that may cause serious physical symptoms, permanent disability, or death. Although the science is evolving, COVID-19 is believed to be spread through person-to-person contact, contact with contaminated surfaces, and potentially the air. I acknowledge that attending the Event presents a risk of exposure to COVID-19, and I agree to accept that risk. For myself individually and for my Children in their individual capacity, I RELEASE FROM ANY AND ALL LIABILITY, WAIVE ALL CLAIMS, ACTIONS AND CAUSES OF ACTION WHICH I OR MY CHILDREN NOW HAVE OR MAY HEREAFTER HAVE AGAINST, AND AGREE NOT TO SUE Gamebreaker, the Eagles Organization for harm that may occur due to exposure to COVID-19, WHETHER OR NOT AND INCLUDING IF THE EAGLES ORGANIZATION,OR GAMEBREAKER WAS NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS OR OTHERWISE AT FAULT.
4. AGREEMENT TO ARBITRATE AND CLASS-ACTION WAIVER: I agree that any dispute or claim related to my or my Children’s attendance at the Event or this Agreement and Release will be resolved by binding arbitration, rather than in court. I AGREE THAT I AM GIVING UP MY RIGHT TO FILE A LAWSUIT in court and instead of having my case decided by a judge or jury, my case will be decided by a neutral arbitrator who has the power to award damages. This agreement to arbitrate shall also apply to any minors for whom I am signing, and spouses, heirs, and others. Arbitration under this Agreement shall take place in Philadelphia, Pennsylvania and be conducted under the rules of the American Arbitration Association (AAA). In the event this paragraph is deemed invalid or unenforceable, I agree that any claim or controversy relating to the Event or this Agreement and Release will be resolved exclusively in a court located in the Commonwealth of
RELEASE AND WAIVER OF LIABILITY
Pennsylvania (and each party hereto waives any right to object to venue). I further agree that any claims and disputes must be resolved on an individual basis and not on a class basis.
5. APPPEARANCE RELEASE: I grant the Eagles Organization, and Gamebreaker permission to use my Children’s and my name, photographs, voices and likeness for any and all promotional or commercial purposes without further compensation. I agree that the Eagles Organization, and Gamebreaker may tape and photograph me and my children, and record my Children’s and my voices, conversations and sounds, including any performance of any musical composition(s), during and in connection with my children’s and my appearance at the Event and that the Eagles Organization, and Gamebreaker shall be the exclusive owners of the results and proceeds of such taping, photography and recording with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, all of any portion thereof or of a reproduction thereof in connection with the Eagles Organization, and Gamebreaker, or otherwise. For purposes of clarity, I expressly waive any and all moral rights my Children or I may have in connection with my Children and/or my appearance. I further agree that the Eagles Organization, and/or Gamebreaker may use and license others to use my Children’s and/or my names, voice, likeness and any biographical material concerning me or my Children which my Children or I may provide, in any and all media and in the promotion, advertising, sale, publicizing and exploitation of the Eagles Organization, and/or Gamebreaker, otherwise and ancillary products (e.g., merchandise) of the Eagles Organization, and/or Gamebreaker, or the Eagles Organization’s affiliated services, throughout the world in all media, an unlimited number of times in perpetuity. I further represent that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my appearance will violate or infringe upon the rights of any third party. I hereby waive any right of inspection or approval of my Children or my appearance or the uses to which such appearance may be put. I acknowledge that the Eagles Organization, and Gamebreaker will rely on this permission potentially at substantial cost to the Eagles Organization, and Gamebreaker; I hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder and I voluntarily release the Eagles Organization, and Gamebreaker from any possible claims.
6. I acknowledge that should any portion or clause of this Release and Waiver of Liability (“Release”) be found to be unenforceable, that such a finding shall not have any effect on the enforceability of the remainder of the Release, and such finding shall be construed as narrowly as possible to effectuate the remaining terms of the Release.
7. I hereby certify that I am 18 years of age or older and: I am signing on behalf of myself only; or
I represent that either I am the parent or legal guardian of the Children named beside my signature below or I have been authorized by the parents or legal guardian of such Children to sign this Release on their behalf.
I AM SIGNING THIS RELEASE VOLUNTARILY, OF MY OWN FREE WILL, AND WITH THE INTENT TO BE LEGALLY BOUND UNDER THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA.
BY SIGNING THIS RELEASE, I UNDERSTAND THAT I AM AGREEING TO GIVE UP CERTAIN OF MY CHILDREN’S AND MY LEGAL RIGHTS.
Signature: ___________________________________ Phone number: __________________________________ Name (print):_________________________________ Date: __________________________________________ Children (print): ______________________________
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