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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 Eagles Autism Challenge scheduled to be held on May 18, 2019 in Philadelphia, Pennsylvania and its surrounding areas (the “Event”) and, intending to be legally bound hereby:
I understand the Event involves physical activity and exertion and that there is a risk of injury or death by my Children’s and my participation in the Event. I further understand that there is a risk to personal property, including to my bike or other equipment used for the Event. I understand that I will be using public streets and facilities where many hazards may exist, which may lead to injury or death. 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 that present a risk of injury or aggravation by such participation in the Event. I ASSUME THE RISK, including the risk of injury, death or injury to property, of my Children’s and my participation in and/or viewing of the Event.For myself individually, including my heirs, assigns and legal representatives, and for my Children in their individual capacity, and any of their heirs, assigns and legal representatives, 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 Eagles Autism Challenge, Inc., 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., the City of Philadelphia, the Commonwealth of Pennsylvania, the Philadelphia Authority for Industrial Development, the Philadelphia Industrial Development Corporation, g4 Productions, LLC, and 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, beneficiaries, licensees, contractors, consultants, volunteers, successors and assigns (collectively, the “Released Parties”), FOR ANY CLAIMS, INCLUDING BUT NOT LIMITED TO ACCIDENTS, PERSONAL INJURIES OR DAMAGES TO PERSON OR PROPERTY THAT 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 RELEASED PARTIES WERE NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS OR OTHERWISE AT FAULT.
For myself individually and for my Children in their individual capacity, I promise to (a) abide by all rules and regulations governing the Event, (b) abide by all local, state and federal laws during my or my Children’s participation in the Event, including all transportation laws and bicycling codes of Philadelphia, and (c) obey all instructions or directions from any staff, volunteers, state or local officials or any other person related to the Event. I understand and agree that if I fail, or if my Children fail, to do any of the foregoing, I or my Children, as applicable, may be prohibited from participating in the Event or ejected from the Event. I understand and agree to wear, or ensure my Children wear, a properly fitted and adjusted helmet during the Event at all times that I and/or my Children are on a bicycle and that if I or my Children bring any of the prohibited items listed on the following website to the Event I or my Children, as applicable, may be prohibited from participating in the Event: http://www.eaglesautismchallenge.org/About/FAQ. I acknowledge on behalf of myself and my Children that I and/or my Children and any of our belongings may be searched, and I consent to such search and waive any claim against the Released Parties in connection therewith, in each case, on behalf of myself and my Children.
I grant the Released Parties permission to use my Children’s and my name, photographs, voices and likeness for any and all promotional or commercial purposes without further compensation or notice. I agree that the Released Parties may tape and photograph me and my Children, and record our voices, conversation and sounds and that the Released Parties shall be the exclusive owner 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 Released Parties or otherwise. For purposes of clarity, I expressly waive any and all moral rights I or my Children may have in connection with the Event.
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.
I hereby certify that I am 18 years of age or older and:I am signing on behalf of myself only; orI 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.
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