RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Dirt Series allowing me to participate in the Activities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE (IN THE ACT OR OMISSION), BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES, AS REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability, for any damage to property of or personal injury to any third party, resulting from my participation in the Activities;
3. In the event of an accident or injury, I AUTHORIZE the Dirt Series and/or its service providers to obtain medical assistance deemed necessary in their discretion. I further assume responsibility to pay for any and all medical and emergency expenses, including transport, in the event of an accident or injury during the Activities regardless of whether I have subsequently authorized such expenses.
4. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity;
5. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Delaware, and no other jurisdiction; and
6. Any litigation involving the parties to this Agreement shall be brought solely within the State of Delaware and shall be within the exclusive jurisdiction of the Courts of the State of Delaware.
7. This release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Delaware and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Dirt Series Mountain Bike Camps (the “Artist”) is currently engaged in the business of creating media, which includes but is not limited to engaging in the following activities for personal and commercial gain:
filming, film/video editing, and film/video production; photography, photo editing, and photo production; digital photography, digital photo editing, and digital photo production; documentary production and editing; sound recordings; sound manipulation and music productions; television production; and web design and production.
By participating in a Dirt Series event, you consent to being a subject of the “Artist” in all media.
THE ARTIST IS RELEASED OF LIABILITY: For good and valuable consideration herein acknowledged as received, the “Model” releases the “Artist” and assigns permission to license all images and sound recordings and to use of images and sound recordings in any media for any purpose which may include, among others, advertising, promotion, marketing and packaging for any product or service. The “Model” agrees that any images and sound recordings may be combined with other images, text and graphics, cropped, altered and modified.
THE ARTIST RETAINS ALL RIGHTS: The “Model” agrees that the “Artist” has all rights to images and sound recordings, for perpetuity unless explicitly noted in this Agreement. The “Model” acknowledges and agrees that the “Artist” is not liable for any further consideration, accounting, or claim for any reason.
DURATION OF AGREEMENT: The “Model” acknowledges and agrees that this Agreement is binding on all heirs and assigns. The “Model” acknowledges and agrees that this Agreement is irrevocable, worldwide and perpetual.
This Agreement contains the entire agreement between the parties to this release and the terms of this Agreement are contractual and not a mere recital.
This Agreement will be construed in accordance with and governed by the laws of the Province of Alberta.
IF THE MODEL IS UNDER THE LEGAL AGE OF MAJORITY:
I am the parent or legal guardian of the minor above named as the “Model” , and I have legal authority to execute this Agreement on the “Model's” behalf. I have read and fully understood the contents of this Agreement, and consent to the said use of images and sound recordings based on the contents of this Agreement.