RELEASE AND WAIVER OF LIABILITY
AND INDEMNITY AGREEMENT
Fax to FIBA – Mr. Zoran Radovic, fax no. +41 22 545 0099
Fax to NBA – Mr. Brooks Meck, fax no. +1 212 980 6935
IN CONSIDERATION of the right of the undersigned participant (the “Participant”) to participate in the basketball program known as “Basketball Without Borders” scheduled to take place July 17th – July 21st, 2006 in San Juan, Puerto Rico (the “Event”), the Participant and the Participant’s parent or guardian, hereby, on their own behalf and on behalf of their personal representatives, heirs and next of kin:
1. As the parent/guardian of the Participant and representing the interests of the Participant, grant permission for the Participant to participate in the event.
2. Acknowledge and fully understand that the Participant will be engaging in activities that involve risk of serious injury, including, without limitation, 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 me or the Participant or not reasonably foreseeable at this time.
3. Assume all the foregoing risks and accept personal responsibility for any and all damages in connection with such injury, permanent disability or death.
4. Release, waive and discharge any and all claims of damages for death, personal injury or property damage which either of the undersigned, or any of the representatives, heirs, next of kin or assignees of either of the undersigned (collectively, the “Releasers”) may have or which may hereafter accrue to any of the Releasers, as a result of the Participant’s participation or otherwise, and which may be asserted by any of the Releasers against NBA Properties, Inc., the National Basketball Association, its member teams, the Federation of International Basketball Associations, any Event sponsors, and each of their respective related entities and affiliates, administrators, agents, officers, owners and employees, other participants, referees, scorers, timers, trainers, security personnel, sponsoring agencies, and if applicable, other owners and lessees of premises used in connection with the event (collectively, the “Releases”).
5. Agree to indemnify and save and hold harmless the Releases and each of them from any loss, liability, damage or cost that they may incur due to the Participant’s participation in the Event of as a result of any cause whatsoever relating to Participant’s participation in the Event, whether caused by the negligence of the Releases or otherwise.
6. With respect to Participant’s participation in the Event, grant full permission to the Releases, with no obligation to compensate any of the Releasers, to utilize the Participant’s name, voice, statements, photograph, image, likeness, actions at the Event and/or biographical data in any live or recorded from (including, without limitation, any form of photographic or video display or other transmission or reproduction), in whole or in part, for promotional, commercial or any other purpose, in perpetuity worldwide in any media whether now known or hereafter created.
7. Represent and acknowledge that the Participant’s is in excellent physical health, and has no physical limitations that would prevent the Participant from participating in the Event.
8. Grant the Releases permission to provide the Participant with emergency medical treatment.
9. Expressly consent to provide the Releases with information regarding the Participant via a website operated by one of the Releases.
10. Expressly agree that this RELEASE, WAIVER AND INDEMNITY AGREEMENT shall be construed in accordance with the laws of the State of New York, USA (without regard to its choice-of-law rules) and consent to the exclusive jurisdiction of the federal and state courts of competent jurisdiction located within the City of New York, USA, and to the service of process by mail in connection with any claim arising out of, or related to, the Event.
11. Expressly agree that this RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of New York, and that if any portion of this Agreement is held invalid, it is agreed that the balance shall nonetheless continue in full legal force and effect.
I HAVE READ, OR HAD READ TO ME IN A LANGUAGE IN WHICH UNDERSTAND, AND ACKNOWLEDGE, THAT I UNDERSTAND THE PROVISIONS SET FORTH ABOVE. I AM VOLUNTARILY SIGNING THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agree that no oral representations, statements of inducement contrary to anything contained herein have been made by any of the Releases. By signing below, I hereby agree to and accept all of the terms set forth above.