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WAIVER AND LIABILITY

2020-01-07 作者:admin   |   浏览(12)

WAIVER AND RELEASE OF LIABILITY
In consideration of the right of the below-listed participant (the “Participant”) to participate in NFL Super Weekend and certain other related activities (collectively, the “Event”), the Participant and, in the event the Participant is less than 16 years old, the Participant’s parent or other legal guardian, on the Participant’s behalf and on behalf of the Participant’s personal representatives, heirs and next of kin, hereby:
1.waives, agrees not to sue for, and releases and agrees to hold harmless (1) the National Football League, its member professional football clubs, NFL Properties LLC, NFL Ventures, Inc., NFL Ventures, L.P., NFL Enterprises LLC, NFL International LLC, NFL Productions LLC, NFL (Beijing) Football Co., Ltd. (collectively the “NFL Entities”), and each of their respective affiliates, subsidiaries, shareholders, representative offices, officers, directors, members, partners, agents, representatives and employees, and each of their respective successors and assigns, (2) the sponsors of the National Football League and the Event, the Event operation companies, and the owners, lessors and lessees of the premises used for the Event, and their respective employees, affiliates, subsidiaries, successors and assignees, and (3) the other participants, referees, scorers, timers, trainers, and security personnel (the parties described in clauses (1)-(3), collectively, the “Releasees”, and each a “Releasee”) from and against, any and all present and future liabilities, obligations, damages, losses, claims, demands, costs or expenses that may be made or incurred by any of the Participant, the Participant’s parent or other legal guardian, or any of their representatives, family, estate, heirs, or assigns, for property damage, personal injury, or wrongful death arising as a result of the Participant’s participation in the Event, including, without limitation, in connection with transportation to and from the Event, or any medical treatment related to the Event, wherever or however the same may occur;
2.agrees that the Releasees are not responsible for any injury or property damage arising out of the Event, even if caused by the Releasees’ ordinary negligence;
3.agrees to accept all risks of participation in the Event;
4.agrees that the Releasees may use the Participant’s name, likeness, voice, athletic performance, conversation and demographic information collected at the Event free of charge in any manner and for any purpose in any media now known or hereafter developed without the Participant’s or the undersigned’s prior approval; 
5.agrees to receive information about products, promotions, services, newsletters and information about future Events and services that may be of interest to Participant;
6.acknowledges and understands that participation in the Event involves certain risks, including, but not limited to, serious injury, permanent disability and death, and severe social and economic losses which might result not only from the Participant’s own actions, inactions or negligence, but from the actions, inactions or negligence of others, the rules of play or condition of the premises or of any equipment used, and that there may be other risks not known to the Participant and the Participant’s parent or other legal guardian or not reasonably foreseeable at this time, and that the Participant is voluntarily participating (and/or being voluntarily permitted by his/her parent or legal guardian to participate) in the Event with full knowledge of the dangers involved;
7.represents and acknowledges that the Participant is in excellent physical health and has no physical limitations that would prevent the Participant from traveling to the Event location and participating in the Event, and consents to administration of first aid and other medical treatment to the Participant in the event of injury or illness;
8.agrees to comply with the Event’s rules of participation and organizational arrangements;
9.agrees to indemnify and save and hold harmless each and all the Releasees from any loss, liability, damage or cost that they may incur in the event that any person brings any claim or action against the Releasees related to any injury or loss suffered by them as a result of the Participant’s participation in the Event;
10.expressly agrees and understands that this document is intended to be as broad and inclusive as permitted by the laws of the People’s Republic of China, and agrees that if any portion of this document is invalid, the remainder will continue in full legal force and effect; and
11.agrees that NFL is not liable for personal bags and goods stored at bag check.
Each of the undersigned parties expressly agrees that this document shall be governed and construed in accordance with the laws of the People’s Republic of China, without regard to its choice of law principles.  Each of the undersigned expressly agrees that any dispute, claim or controversy arising out of, concerning or relating to the Event or this document shall be resolved exclusively by arbitration in Beijing and administered by the China International Economic and Trade Arbitration Commission in accordance with its arbitration rules.

 

NFL SUPER WEEKEND RULES OF CONDUCT

 

 

The Participant, and, in the event the Participant is less than 16 years old, the Participant’s parent or other legal guardian, on behalf of himself/herself and his/her personal representatives, heirs and next of kin, hereby further agrees as follows:
1.Participant is responsible for ensuring that he/she has passed a physical inspection at a hospital with Grade II Class A or higher credentials, and that he/she is in excellent health and fit to participate in intense sports competitions such as the Event activities. Participant consents to administration of first aid and other medical treatment in the event of injury or illness.
2.A mouth guard must be worn during the Event and all related activities and participants should thoroughly warm-up prior to activities.
3.Participant agrees to not intentionally hurt others or carry out any other acts of violence in the Event. In the event of any intentional harm to others or acts of violence, Participant will be personally responsible for all medical or legal consequences. The Event organizers have the right in their sole discretion to suspend any player for any reason, including, without limitation, for inappropriate conduct.  In serious cases, the player will be banned from the game for life, and the player’s team will be disqualified. Furthermore, the Event organizers reserve the right to impose additional punishment and pursue civil and criminal liability.
4.Participant is responsible for properly caring for his/her clothes and belongings during any games. The Releasees are not responsible at any time for the clothes and belongings of any participants.
5.Participant shall comply with the Event organizers’ rules, directions and instructions at all times during the Event, which rules are subject to change at their sole discretion.
6.Participant agrees to comply with the following PLAYER CODE OF CONDUCT, which represents only the minimum standards we expect from our athletes:
Athletes are expected to represent the league and their school or team in a respectful manner. 
Athletes will treat opposing players, opposing coaches, and opposing supporters with respect both on and off the field.
Athletes will treat game officials and staff with respect both on and off the field.
Athletes must recognize that the referee is the sole judge on the field, and that his or her decision is final.
Athletes are responsible for their actions during all games and events, and will act in accordance with the tenets of good sportsmanship.
Athletes will not use foul, vulgar or abusive language/gestures to taunt, bait, insult players or game personnel.
Athletes will not engage in behavior that disrupts or negatively affects the game, including fighting or physical abuse.
Athletes will treat game equipment with respect.
Athletes will comply with game officials’ requests.
Athletes will not smoke, use drugs or alcohol during practices or games.
Athletes must abide by the applicable league rules and regulations.  If an athlete feels a rule is unclear, it is the responsibility of the athlete to ask a league representative for clarification.
Athletes agree and understand that disciplinary action may be taken against for behavior which violates this Player Code of Conduct, including the following:
In the case of behavior which disrupts of negatively affect the game:
First offense: Punishment will be issued at current game (penalty or immediate ejection), with possibility of additional game suspension
Second offense: Athletes will be asked to turn in his/her equipment and will not be permitted to participate for the remainder of the season
In the case of fighting or physical abuse:
First offense: Athletes will be issued a three-game suspension
Second offense: Athletes will be asked to turn in his/her equipment and will receive a lifetime ban from participation in the events
Acknowledgement:
By Participant if Participant is 16 years old or older:  I am of legal age and am freely signing this document. I HAVE READ THIS DOCUMENT AND UNDERSTAND THAT BY AGREEING TO THIS DOCUMENT I AM GIVING UP LEGAL RIGHTS AND REMEDIES.
By Participant’s parent/legal guardian if Participant is under age 16.  I am the parent or legal guardian of the below-listed Participant.  I am of legal age and am freely signing this document on behalf of the below-listed Participant.  I HAVE READ THIS DOCUMENT AND UNDERSTAND THAT BY AGREEING TO THIS DOCUMENT I AM GIVING UP LEGAL RIGHTS AND REMEDIES ON BEHALF OF MYSELF, THE PARTICIPANT AND HIS/HER FAMILY, ESTATE, HEIRS, AND/OR ASSIGNS.