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SPORTS

LIABILITY AND RELEASE FORM

LIABILITY AND RELEASE FORM

I For good and valuable consideration, including the possibility of publicity, I _____________________________________(the “Participant”), hereby consent to my participation in recreational and physical activities in the gymnasium and the public school property of Sumter High School, located at 2580 McCray’s Mill Road, Sumter, SC 29154 (the “Property”) for the MBNO Youth Basketball Camp (the “Event”) organized and controlled by MBNO, LLC (“MBNO”).

Participant understands and acknowledges that Participant is fully aware of and assume the risks (including but not limited to the risk of serious bodily injury, property loss or damage) to Participant through Participant’s participation in such recreational and physical activities on the Property. Participant acknowledges and understands the kind of activities that may be asked of Participant to participate in during the Event and Participant recognizes Participant’s responsibility to ensure that Participant only participates in those activities for which Participant is physically or otherwise able to. Participant understands that MBNO shall have any responsibility to pay for medical treatment and/or related costs if Participant is injured. Participant acknowledges that Participant is responsible for the storage and protection of Participant’s personal property, or property in Participant’s control, while on the Property and Participant acknowledges that MBNO shall have no responsibility for any damage or loss to/of Participant’s personal property, or property in Participant’s control, while Participant is on the Property.

For good and valuable consideration, including the possibility of publicity, Participant irrevocably grants to MBNO and MBNO’’s successors, assigns and licensees (all of whom are included in the term “MBNO”), the following non-exclusive, worldwide and perpetual right for all commercial and non-commercial purposes throughout the universe by any and all means in any and all media whether now known or hereafter devised: (a) The right to photograph, film, tape or otherwise record or capture Participant, physical likeness, voice, name, performance, personal characteristics,  and/or other personal identification (collectively, “Appearance”); and (b) the right to edit, add to, delete, combine with other materials, dub, record, reproduce, distribute and otherwise exploit Participant’s Appearance for use by MBNO in audio and audiovisual projects.

Participant acknowledges and agrees that: (a) Participant is over the age of eighteen (18) years and that Participant has read and fully understands all of the foregoing; (b) Participant assumes all the risks, liabilities, and responsibilities surrounding Participant’s participation in the Event and use of the Property, (c) MBNO shall retain all rights of ownership of any recording/filming during the Event, including any recording of Participant’s Appearance; (d) Participant irrevocably waives any “moral rights” (or similar law of any jurisdiction) in any recording of Participant’s Appearance, which Participant might be otherwise deemed to have; (e) Participant will not sue, and hereby irrevocably, unconditionally and entirely releases, discharges and holds harmless MBNO and its owners, shareholders, members, directors, officers, employees, agents, representatives, affiliates, successors, assigns and licensees, from any and all present and future claims, demands and liabilities of any kind or nature whatsoever in law or equity, including any claims or cause of action for injury to person or property resulting from, related to Participant’s attendance/participation at the Event or presence on the Property regardless of fault,  or whether based upon defamation, libel, invasion of right of privacy or publicity or any other personal or proprietary right and whether now known or unknown, relating to or arising out of or in connection with the recording or exploitation of the recording of Participant’s likeness, (f) Participant will not disclose any of the terms and conditions of this Agreement without the prior written consent of MBNO, and (g) MBNO will be entitled to injunctive or equitable relief (without the need to post bond or surety or show harm) in addition to all other remedies available at law or in equity, in any court of competent jurisdiction. Participant will indemnify and hold harmless MBNO and its assignees, licensees and successors-in-interest for any breach by Participant of Participant’s representations, warranties and agreements set forth herein.

This Agreement is the entire agreement of the parties and shall replace and supersede all prior arrangements, either oral or written, as to the subject matter hereof. This Agreement cannot be modified or canceled except by written instrument signed by both parties. This Agreement shall be interpreted in accordance with the laws of the State of South Carolina. Participant acknowledges that it has not entered into this Agreement in reliance upon any representation (written or oral, express or implied) of MBNO not contained herein. Participant agrees that MBNO may assign this Agreement and its rights hereunder to any third party. This Agreement shall inure to the benefit of and be binding upon the parties’ respective successors, licensees and assignees. This Agreement may be executed in counterparts.

 

PARTICIPANT**:

 

______________________________________
An Individual

 

______________________________________

Date: _________________________________

 

 

* *IF PERSON IS UNDER 18 YEARS OF AGE, THE FOLLOWING MUST BE SIGNED BY A PARENT OR GUARDIAN **

 

I am the (father)(mother) (dully appointed guardian) of the minor Participant, and I hereby consent to and approve the foregoing authorization, will ensure that the minor Participant honors the minor Participant’s obligations and will indemnify MBNO and its employees, assigns and licensees against any litigation with respect to the above.

 

Name: _________________________________                                                                Signature: ________________________         Date:___________________