ATHLEDAL, LLC
PARTICIPATION, CONSENT, AND RELEASE AGREEMENT

By registering for or participating in the GETSEEN BASKETBALL TOURNAMENT (together with all related events and activities, the “Tournament”), which is currently intended, but is not guaranteed, to be produced for livestream on the internet and broadcast on a television network (such livestream provider and television network, collectively, the “Network”), hosted by ATHLEDAL, LLC, a Delaware limited liability company (“Producer”), I hereby agree to be bound by the terms and conditions set forth in this Participation, Consent, and Release Agreement (this “Agreement”) and any other written agreement, terms and conditions, or release in connection with the Tournament. In consideration of and as inducement to Producer’s considering me to become a participant (“Participant”) in the Tournament, I am making the representations, warranties, disclosures, covenants and agreements set forth in this Agreement, and I understand that if any such disclosure, representation or warranty is false, or if I breach any covenant or agreement made in this Agreement, in addition to the right to enforce such covenant, agreement or release, Producer may reject my application or disqualify me from participating in the Tournament and/or disqualify me from receiving any prize or other award which I would otherwise have received. I have also read, understood, and consent to and agree to be bound by the Official Rules & Regulations (the “Rules”) of the Tournament as set forth at https://www.getseen.basketball/ (the “Website”).

1. Grant of Rights. I hereby irrevocably grant to Producer the right to interview me, as many times and for such periods of time as Producer requests in its sole discretion, and to videotape, film and otherwise record such interview(s) and my statements, actions and appearances therein, including my name, voice and likeness, and, if I am selected by Producer to be a Participant in the Tournament, to videotape, film, portray, photograph and otherwise record me and my actions and record my voice and other sound effects in connection with the production, advertising, marketing and publicity of the Tournament (including, without limitation, whether I am aware or unaware of such videotaping, filming or recording at the time that it occurs and by requiring me to wear a microphone when requested). As used herein, the “Material” shall include: (a) such interview(s) (including, without limitation, any interview Producer may already have conducted or may in the future conduct), any and all information I have supplied or may supply in such interview(s) or otherwise in connection with the Tournament (including biographical or medical information, application materials, questionnaires, photographs, images and videotapes of me and/or others, and any other materials which I have provided in my Profile); (b) all material from any videotaping, filming, portrayals, photographing and recording of my person, my actions, and my voice in connection with he Tournament; (c) any and all other information Producer has received or will receive from other sources, my appearance, actions, voice and sound effects in connection with the Tournament (including, without limitation, any act, pose, play, vocal, instrumental, musical and other sound effect, or other composition of any kind or nature); (d) the results and proceeds of my participation in the Tournament (including without limitation me, my actions, voice and sound effects on the locations of the Tournament as filmed and recorded (“Locations”), and any reproductions or recordings of any nature of any of the foregoing, in whole or in part; and (e) any and all material that I may create, or participate in the creation of, or provide in connection with the Tournament or the Website and the results and proceeds of any and all services of any kind that I may render for Network and/or Producer and/or any sponsor of the Tournament, whether pursuant to this Agreement or any other agreement, which materials may include, without limitation, drawings, plans, sketches, plastics, pictures, figures, models, photographs, including without limitation all original negatives, written records of any type, songs and other musical compositions, letters, poems, dramatic or other readings or performances, text messages, emails, social media postings, etc. The Material, including the copyright and all other rights therein, shall be the sole and exclusive property of Producer, and in consideration of Producer’s considering me to be a Participant in the Tournament, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby grant and assign to Producer full ownership rights, including the rights to copyright, use, reuse, publish and republish the Material, in whole or in part. The Material may be used, broadcast, exhibited, distributed, advertised, publicized, promoted or otherwise exploited by such means and for such purposes (including, without limitation, merchandising, publishing, commercial tie-ins, advertising (whether or not relating to the Tournament) and any and all other commercial and non-commercial purposes) and in any and all media, now known or hereafter devised (including without limitation television (whether free, pay, cable, satellite or otherwise), theatrical, non-theatrical, cassettes, discs and other home video devices, radio, the Internet and other on line or computer-assisted media, and print media, including digitized versions) as Producer designates, throughout the universe, in perpetuity, at any time and from time to time, whether as part of the Tournament (including, without limitation, any subsequent versions of the Tournament, regardless of whether or not I am a participant), or otherwise. The Material may be edited, cut, rearranged, adapted, dubbed or otherwise revised or modified for any such purposes by Producer or Network in their sole discretion, and I waive the exercise of any “moral rights” and “droit moral” and any analogous rights however denominated in any jurisdiction of the world. Producer will own any so called “rental and lending rights” or similar rights. I agree that any exhibition or other exploitation of the Material or any rights therein, whether as part of the Tournament or otherwise, will not entitle me to receive any compensation (whether in the form of residuals, salary or otherwise) except as expressly set forth herein and as set forth in the Rules that govern play and competition in the Tournament.

2. Publicity. I hereby grant to Producer and its licensees and assigns the perpetual, worldwide and irrevocable right to use my name, sobriquet, likeness (actual or simulated), photograph, caricature, voice and biographical material in connection with the development, production, exhibition, advertising, publicity, promotion, merchandising and other exploitation of the Material, whether as part of the Tournament, the Website or otherwise, or in connection with the exploitation of any subsidiary and ancillary rights therein, Producer’s business activities and the business activities of the networks, stations, sponsors and other users, exhibitors, distributors, assignees and licensees of the Material and/or the Tournament or the Website for any purpose including, without limitation, for any commercial purpose whatsoever, including, but not limited to product endorsement, whether related to the Tournament, the Website or otherwise. Notwithstanding anything to the contrary contained in this Agreement, in addition to (and without limiting or derogating from) all other rights and privileges set forth in this Agreement granted to Producer (and its successors, licensees and assigns) and/or to which Producer (and its successors, licensees and assigns) is/are entitled hereunder, I expressly acknowledge and agree as follows:

(a) I understand that Producer and/or its licensees or assigns shall have the right to advertise and promote the Tournament and the Website and to direct and to exert authority over the publicity and promotion for the Tournament and the Website.

(b) I agree that I shall make myself available for photo shoots, interviews and personal appearances for Producer and/or the Network and/or any additional partners, including sponsors, advertisers, or others, for no additional compensation (other than travel and expenses, if applicable), and shall fully cooperate with Producer’s reasonable requests to conduct publicity efforts in connection with the Tournament and the Website, and that these rights may be exercised by the Producer directly with me.

(c) Once I have been admitted as a Participant, I shall not commit any act which constitutes a felony or misdemeanor in any jurisdiction nor commit any other act which adversely affects (A) my public image and/or ability to participate in and in connection with the Tournament, or (B) Producer’s or the Tournament’s reputation or public image. Complete adherence to this paragraph is of the essence of this Agreement and any breach hereof may cause, at Producer’s sole discretion, my disqualification from the Tournament, with no further obligation of any kind or nature to me.

3. No Compensation for Publicity. I agree that any telecast or other exploitation or usage of the Material or any rights therein, whether as part of the Tournament, the Website or otherwise, will not entitle me to receive any compensation or consideration, except (subject to Section 44, for a Participant that is designated by a Charity applicant) for the “Team Prize” as set forth in the Rules, which govern play and competition in the Tournament. I hereby represent and warrant that I have the right to grant each and all of the foregoing rights on my own and on behalf of all others who appear in the videotape(s) or photograph(s) that I have supplied and/or who have supplied information contained in the Material and the exercise of such rights by Producer shall not infringe on the rights of any third parties.

4. Nature of Participation. If I am selected by Producer to be a Participant in the Tournament, I agree to participate as a Participant in connection with the production of the Tournament and the Website as and to the extent required by the Producer on such dates and at such Locations as Producer shall designate in its sole discretion, including, without limitation, my residence. I acknowledge that Producer has informed me that if I am selected by Producer to be a Participant in the Tournament, I shall be participating in a highly strenuous physical competition, specifically the sport of basketball. Because of the nature of the Tournament, I acknowledge that I could experience, injuries and/or medical conditions, including, but not limited to, dehydration, exhaustion, potential broken limbs, concussions, torn ligaments, torn muscles, or other injuries that may result in a period of incapacitation and/or inability to participate in more normal work and like activities or be able to compete in subsequent athletic competitions. With full knowledge of my current physical and mental condition, I am voluntarily agreeing to participate in the Tournament and I assume any and all risk associated therewith. I understand and agree that I will be participating in extended and strenuous physical activity during my participation in the Tournament and at the Locations and I know of no reason why I should not be able to participate in such extended and strenuous physical activity throughout the course of production.

5. Required Availability. Without limiting the generality of my participation, I agree that if I am selected as a Participant, I will make myself available to participate in any further preparations for the Tournament as Producer may request, including without limitation participating in video-recorded interviews at my home and causing my spouse, life partner, family members, co-workers and friends (at no cost to Producer) to participate in such interviews (the recordings of such interviews being part of the Material referred to in paragraph 1 above) and any other matters as Producer and/or the Network may designate. In connection with any such interviews, I agree to cause all persons appearing in such interview to execute a release, if requested by Producer. I understand and acknowledge that Producer and/or the Network shall have the right to alter, edit and modify all videotape, film and recordings of me, including, without limitation, such screen tests and videotaped interviews in connection with the Tournament, the Website and my appearance therein.

6. Disclosure of Personal Information. I acknowledge and understand that the use of the film, tape, audio and other recordings that will be made of me and the Locations, and the items within the Locations, and the disclosure of personal or other information about me and my family in connection with the Tournament, the Website and the advertising, promotion and publicity therefor could be considered by me and my family to be a serious invasion of my privacy. In connection with this, I further acknowledge and agree that personal details and background information concerning me and my family, including live and delayed recordings, which may include images of me, may be available to the public in the Tournament and on the Website and in advertising, promotion and publicity in connection therewith, as well as for viewing via the Internet and other means, on up to a 24-hours-a-day, 7-days-a-week basis, and shall be included within the definition of “Materials” hereunder. Nonetheless, I hereby give my express, unconditional and irrevocable permission to Producer to fully exploit all such Materials. Without limiting the generality of any release set forth herein, I hereby expressly release, indemnify, discharge and hold harmless Producer, Network and the other Released Parties (as defined herein) for and from any and all claims and liability asserting violation of my rights of privacy, intentional or negligent infliction of emotional distress, defamation, and/or any other torts and/or damages in any way relating to the disclosure of personal or other information about me and/or use of the film, tape, audio and other recordings that will be made of me, in connection with the Tournament, the Website or otherwise.

7. Use of Personal Information. I understand that, in and in connection with the Tournament and the Website, I may reveal and/or relate, and other parties (including, without limitation, Producer and Network) may reveal and/or relate information, facts and opinions about me of a personal, private, intimate, surprising, defamatory, disparaging, embarrassing or unfavorable nature. I further understand that my appearance, depiction and/or portrayal in the Tournament or on the Website (and in advertisements, promotions and publicity for the Tournament, the Website and for the Network (the “Advertisements”), and my actions and the actions of others displayed in the Tournament, on the Website and in Advertisements, may be disparaging, defamatory, embarrassing or of an otherwise unfavorable nature and may expose me to public ridicule, humiliation or condemnation. I acknowledge and agree that Producer shall have the right (a) to include any such information and any such appearance, depiction, portrayal, actions and statements in the Tournament, on the Website and in Advertisements as edited by Producer in its sole discretion, and (b) to broadcast and otherwise exploit the Tournament, the Website and Advertisements containing any such information and any such appearance, depiction, portrayal or actions (which, for the avoidance of doubt, shall all constitute “Material” as set forth in paragraph 1 above). The waivers, releases and indemnities in this Agreement and any other agreement that I may execute in connection with the Tournament and the Website expressly apply to any such inclusion and exploitation. Without limiting the generality of any release set forth herein, I hereby expressly release, indemnify, discharge and hold harmless Producer, other Participants, Network and the other Released Parties (as defined herein) for and from any and all claims and liabilities arising out of or in connection with, or predicated upon, any rights of privacy, intentional or negligent infliction of emotional distress, defamation, and/or any other tort and/or damages in any way relating to (i) the disclosure, display, exhibition or other use of personal or other information about me and (ii) the broadcast, display, distribution, or other exploitation of the Material in connection with the Tournament, the Website or in any Advertisements.

8. Prohibited Conduct. In connection with my participation in the Tournament, I shall not harass, intimidate, or infringe upon or violate the rights of, any other person or entity. I shall not intentionally cause injury or harm to any other person participating in the Tournament (including without limitation the players, general managers, coaches, referees and other officials) and will abide by all Participant rules of conduct and all applicable rules of basketball and local laws and regulations including, without limitation, the Rules. I understand that my violation of this provision may lead to my disqualification from the Tournament. I agree to refrain at all times from all forms of violence against, nonconsensual contact with and/or intimidation of other Participants and/or referees or any other officials, and any employees, agents or other representatives of Producer and/or Network. I agree to refrain, whether directly or indirectly, from gambling in connection with the Tournament. I agree not to damage other real or personal property I may visit or come into contact with during my participation in the Tournament, including but not limited to any stadia, practice facilities, Locations, lodging facilities, or other places I may visit in the course of my participation in the Tournament. I will not tamper with or hinder in any way the technical equipment that is installed in the Locations or otherwise used for purposes of recording me and the other Participants.

9. Medical Examinations. I represent and warrant that I have been thoroughly examined by a medical doctor and that such medical doctor, in his/her best medical opinion, has confirmed that I do not have any medical conditions or limitations which would interfere with my ability to participate in the Tournament or that would put me or other Participants at risk of harm. I represent and warrant that I have disclosed (via email correspondence sent to [email protected]) by no later than June 1, to Producer all of the physical, emotional, psychological and mental issues that I have that may impact my performance in the Tournament or the Producer’s evaluation of my application to participate in the Tournament. I acknowledge that if I do not notify Producer via email sent to [email protected], Producer will consider my silence to be an affirmative statement by me that I do not possess nor am I affected by any physical, emotional, psychological, or mental health issues that will in any way affect my participation in The Tournament or that may impact Producer’s evaluation of my application to participate in the Tournament. I understand that I am solely responsible for determining whether I am physically, emotionally, psychologically and mentally able to participate in the Tournament.

10. Duty to Provide Accurate Information. I agree to sign, on Producer’s request, any medical authorizations Producer may require. I understand and acknowledge that I am fully responsible for honestly and accurately revealing to Producer my complete and accurate medical history and information regarding current medical condition. I understand and acknowledge that the conduct of any physical examinations of me by medical personnel contracted by Producer and the opinion(s) of such medical personnel regarding my fitness to participate in the Tournament do not absolve me of my responsibility to accurately and truthfully provide my full medical history and current medical condition to Producer via email to [email protected]. I acknowledge that I am not relying and will not rely on the opinion of medical personnel contracted by Producer as a substitute for my own judgment or that of my own physician as to my fitness to participate in the Tournament. ANY INFORMATION OBTAINED BY PRODUCER HEREUNDER MAY BE USED FOR EVALUATION OF MY APPLICATION TO PARTICIPATE IN THE TOURNAMENT OR ALLOWING PARTICIPANTS TO CONTINUE THEIR PARTICIPATION, FOR PURPOSES OF SELECTING PARTICIPANTS IN THE TOURNAMENT, AND FOR ANY OTHER PURPOSES DESIGNATED BY PRODUCER, AND IF I AM CHOSEN AS A PARTICIPANT. Without limiting the generality of any release set forth herein, I hereby expressly release, indemnify, discharge and hold harmless Producer, the Network and the other Released Parties (as defined herein) for and from any and all claims and liability in any way relating to (a) my failure to honestly and accurately reveal to Producer my complete medical history and information regarding my current medical condition and/or (b) any adverse consequences or outcomes that may result from my participation in the Tournament, whether such participation is done without, in accordance with, or against the advice of my own physician or any other physicians. I understand that if I am determined to be physically or mentally unable to participate in the Tournament it will result in my disqualification from the Tournament.

11. Termination of Participant Status; Withdrawal. I acknowledge and understand that Producer may delay, suspend, terminate or abandon production of the Tournament at any time, for any reason, without any obligation to me whatsoever. I understand and acknowledge that I may withdraw as a Participant in the Tournament at any time, provided, however, that no such withdrawal shall affect any of the rights assigned by me or any of the covenants, agreements, waivers, releases or indemnities made by me in this Agreement or any other agreement related to the Tournament all of which shall survive. In particular, but without in any way limiting the generality of the foregoing, any such withdrawal, or my taking of any action rendering me ineligible or otherwise unable to participate in the Tournament, shall not affect: (a) any of the rights I have assigned to Producer or others in this Agreement or any other agreement relating to the Tournament including, without limitation, those rights in and to the Material, and (b) any of the covenants, agreements, waivers, releases or indemnities I have made in this Agreement or any other agreement related to the Tournament. If I voluntarily withdraw from the Tournament, I shall forfeit any prize or other consideration already received or to which I may be otherwise be entitled to unless otherwise provided Rules.

12. Background Check. I authorize Producer to investigate, access and collect information about any of the statements made by me or relating to me (including, without limitation to the foregoing, conducting background checks on me) in any application materials, on the Website, in this Agreement, any supporting documents, any government records (including, without limitation, documentation relating to arrest records) and any other document that I have signed or do sign in connection with my application to be selected as a Participant in the Tournament, or any other written or oral statements I make in connection therewith. I hereby unconditionally and irrevocably release and forever discharge all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. I specifically authorize investigation of any government records associated with me, including but not limited to my motor vehicle record, criminal record and credit and/or consumer report(s) and I will execute any necessary consents or releases in connection therewith. I acknowledge and agree that any such information obtained by Producer pursuant to this paragraph or otherwise may be used for purposes of selecting Participants to participate in the Tournament. Without limiting the generality of any release set forth herein, I hereby expressly release, indemnify, discharge and hold harmless Producer, Network, the other Released Parties (as defined herein), and other persons who conduct or provide assistance in connection with the investigations and other background checks set forth above in this Section 12 from any and all claims and liability in any way relating to such investigations and background checks and/or relating to any adverse consequences or outcomes that may result from such and/or from Producer’s use of such information as set forth herein, and/or from my participation in the Tournament.

13. Emergencies. In case of an emergency, I authorize Producer, or any of its affiliates, employees, representatives, or contractors, to arrange for or provide such medical assistance to me as it or they determine to be necessary. I also authorize any licensed physician, health care personnel and/or medical facility to provide any medical/surgical care and/or hospitalization of me, including anesthetics, which such licensed physician, health care personnel and/or medical facility determines necessary or advisable. I authorize any reasonably necessary care by paramedics. Without limiting the generality of any release that I have made to Producer or otherwise in connection with the Tournament, I hereby expressly release, indemnify, discharge and hold harmless Producer and any of the aforementioned personnel or entities who may release information or records relating to me, for and from any and all claims and liability in any way relating to such medical/surgical care or hospitalization, and/or relating to any adverse consequences or outcomes that may result from such medical/surgical care or hospitalization, or from my participation in the Tournament.

14. COVID-19.

(a) Acknowledgements. I acknowledge that the Tournament will be held under unusual circumstances in light of the novel (new) coronavirus SARS-CoV-2 (“COVID-19”) pandemic, and these circumstances include the implementation of a Tournament of health and safety protocols, including the GETSEEN COVID-19 HEALTH SAFETY PLAN, which are intended to reduce the risk of COVID-19 exposure for participants, vendors, individuals providing services, and the general public. I am aware of the highly contagious nature of bacterial and viral diseases, including without limitation COVID-19, and the risk that the Participant may be exposed to or contract COVID-19 or other infectious diseases by engaging in the Tournament, which may result in serious illness, personal injury, disability, death, or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of others, including Producer’s employees, contractors, officers, volunteers, and vendors, as well as other participants and spectators of the Tournament. I understand that regardless of whether Producer has taken preventive measures in an attempt to reduce the risk of injury from the Tournament or the spread of COVID-19, Producer cannot guarantee that I will not be injured or become infected with COVID-19 or any other infectious diseases while engaging in the Tournament and that engaging in the Tournament may increase my risk of contracting COVID-19. I agree to abide by the terms of this Agreement and all other health and safety protocols issued by Producer in connection with the Tournament (all of which are subject to changes or updates at any time, in the sole discretion of Producer). I agree to check regularly and frequently for any updates to all health and safety protocols issued by Producer in connection with the Tournament. I acknowledge that such protocols may include mandatory quarantine procedures, and I agree to comply with all such procedures if implemented. I acknowledge and agree that Producer may suspend, terminate, or materially alter the Tournament at any time, on short notice, in its sole direction, whether due to a COVID-19 outbreak or exposure event, due to a curfew or outbreak of violence or looting, due to an order from state or local authorities, or due to any other circumstance. I understand that there is a risk the Tournament will not be played to completion and that it is possible no winner would be declared and no prize awarded. I understand, accept, and assume that risk, and I will not seek to hold Producer responsible for any expenses, inconvenience, or damages that I may incur as a result. As used herein, “Onsite” shall mean at all Locations where Tournament participants are permitted to be during the period starting when I arrive and register and ending when my team is eliminated from (or wins) the Tournament and I have exited the arena, including without limitation the hotel, meeting rooms, dining facilities, practice facilities, arenas where competition is held, locker rooms, buses or vans or other means by which participants are transported.

(b) Preventative Measures. In addition to any requirements in any health and safety protocols issued by Producer in connection with the Tournament (all of which are subject to changes or updates at any time, in the sole discretion of Producer), I agree that I will take all appropriate health and safety measures designed to limit possible exposure to COVID-19 measures, which at a minimum shall include:
(i) That I will strictly adhere to all quarantine requirements, if implemented.
(ii) That at all times when Onsite, I will wear a face covering that covers the mouth nose, and chin; except that a face covering need not be worn when (1) I am alone (such as in my hotel room or working alone); or (ii) I am eating or drinking; or (2) during a basketball game or practice in which my team is a participant.
(iii) That I will, to the fullest extent possible, practice social distancing by ensuring six feet of separation from the nearest individual.
(iv) That I will engage in frequent hand washing, using soap and washing for 20 seconds at a time; and that I will make frequent use of hand sanitizer.
(v) That off the court, I will avoid unnecessary physical contact with other individuals, including avoiding any handshakes, hugs, high fives, and fist bumps.
(vi) That I will self-monitor for symptoms that may be consistent with COVID-19. I agree that if I am or become symptomatic, or if I have been symptomatic within the previous 72 hours, I must disclose that fact to a designated GETSEEN representative, and I must submit to a COVID-19 test. I understand that according to the CDC guidance on “Symptoms of Coronavirus,” the term “symptomatic” includes the following symptoms or combinations of symptoms: fever, cough, shortness of breath; or at least two of the following symptoms: fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
(viii) That I will take my temperature at least once each day, and that if I have a temperature of 100.4 F or above, I must disclose that fact to a designated GETSEEN representative, and I must submit to a COVID-19 test.
(ix) That I will use common sense at all times, with the aim of protecting the health and safety of everyone and minimizing the risk of COVID-19 exposure and transmission.
(x) That I will adhere to any federal and state guidelines for health and safety and for avoiding COVID-19.

(c) Testing. If required by Producer, I agree to submit to COVID-19 testing as required under the health and safety protocols issued by Producer in connection with the Tournament (all of which are subject to changes or updates at any time, in the sole discretion of Producer), including at any frequency and intervals as may be requested or required by Producer. I hereby grant consent that, if at any time before the completion of the Tournament or within 14 days after completion of the Tournament, I test positive for COVID-19 or if I am told by a medical professional that I am presumed positive or I become symptomatic, the results of the positive test (or the fact that I have been presumed positive or the fact that I have become symptomatic) may be disclosed to Producer, to others with whom I may have had close contact, and to the media and the public for purposes of covering the Tournament, including to explain the absence of me or my team from competition. I waive any right to privacy in connection with any positive COVID-19 test during that time period. I expressly authorize the disclosure of this information.

(d) Indemnity. I hereby agree to defend, indemnify, and hold harmless the Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by Producer or any other Releasees, arising out of or resulting from any claim of a third party related to the Tournament, the Participant’s participation in the Tournament, and/or COVID-19 or any other infectious disease.

(e) WAIVER AND RELEASE. ON BEHALF OF MYSELF AND THE OTHER RELEASING PARTIES, I HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE RELEASED PARTIES, ON ACCOUNT OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO THE TOURNAMENT, MY PARTICIPATION IN THE TOURNAMENT, AND/OR THE POTENTIAL OF BEING EXPOSED TO OR CONTRACTING COVID-19 OR OTHER INFECTIOUS DISEASE, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

15. Representations and Warranties. I hereby represent and warrant to Producer that the following are true and correct as of the date of this Agreement, and that the following shall remain true and correct from the date of this Agreement through the completion of the Tournament:

(a) Age. I am eighteen (18) years of age or older.

(b) Immigration Status. I am legally authorized to enter the United States of America and thereby eligible to compete and perform in the Tournament throughout the duration of the event.

(c) NCAA and Collegiate Eligibility. I have no current eligibility to participate in collegiate basketball competition sanctioned or governed by the National Collegiate Athletic Association (NCAA) or any other governing body.

(d) No Family Relationship. I am not (and no member of my immediate family (i.e., spouse, mother, father, daughter, son, sister or brother) nor any current member of my household is) now, nor have I (nor has any member of my immediate family or any current member of my household) been since the date of my original application to become a Participant in the Tournament an employee, officer, director, or agent of Producer.

(e) Criminal Activity. I have not been arrested, charged with or convicted of a violent felony, in each case that has resulted in any term of imprisonment or any form of incarceration within the last seven (7) years. I have not been arrested for any sexual offense, irrespective of whether a conviction led to imprisonment or any form of incarceration. I am not identified on the Specially Designated Nationals and Blocked Persons List issued by the U.S. Treasury Department’s Office of Foreign Assets Control (the “SDN List”), except, in each case, as detailed in an email I have sent as a condition of my application to [email protected]. I understand that I must be truthful in my statements, and non-statements, to Producer with respect to my criminal history, including any arrests, indictments, criminal complaints, charges and my status relative to the SDN List. I understand that should I not send an email to [email protected], Producer will interpret my silence as an affirmative statement that I have no criminal history and am not included on the SDN List. I also understand that Producer will interpret my failure to report any criminal history or my inclusion on the SDN List as an attempt by me to conceal my criminal history or inclusion on the SDN List and Producer has the authority to disqualify me from the Tournament for my efforts to conceal my criminal history or inclusion on the SDN List.

16. Participant’s Insurance. Although Producer may obtain insurance covering certain damages Producer may incur arising out of my illness, injury, accidental death and/or disability, I acknowledge that Producer has no obligation to do so, that I am not the beneficiary of any such insurance and that Producer strongly recommends that I maintain my own medical, accident and health insurance including, without limitation, anything related to COVID-19. Accordingly, I acknowledge that I alone am responsible for maintaining medical, accident and health insurance to cover any bodily illness or injury and/or personal property damage, as well as any insurance to cover my short-term or long-term disability from any injury and any insurance to cover my death.

17. No Employment. I agree that, if I am selected by Producer to be a Participant, my appearance as a Participant in the Tournament is not employment and is not subject to any union or guild collective bargaining agreement, regardless of whether I am a member of any union or guild, and does not entitle me to wages, salary, benefits, or other compensation under any such collective bargaining agreement or otherwise.

18. Selection Criteria. I understand that selection of Participants shall be made by Producer based on such criteria as Producer shall determine in its sole discretion, which may be subjective and in the exercise of Producer’s sole discretion. Producer is not obligated to select me, even if I otherwise meet all eligibility requirements and all criteria for selection. Producer’s decision regarding the selection of Participants is final, binding and not subject to challenge or appeal. I understand that if I am selected, Producer is not obligated to have me appear in the Tournament or on the Website and Producer shall have the right at all times and in its sole discretion to remove or replace me as a Participant in connection with the Tournament for any reason. Without limitation to any other provision set forth herein, I understand and agree that all of Producer’s decisions in connection with the Tournament and my participation therein shall be final and binding in all respects.

19. Narcotics; Weapons; Gambling; Related Matters. I will not bring any illegal drugs, weapons or other illicit items to the Locations and I will not engage in any weapons use, illegal drug use, or any other illegal activities at the Locations including, without limitation, gambling. I will not engage in any illegal drug use during my participation in the Tournament. I acknowledge and agree the Producer may conduct a search of me, my person and/or my possessions in order to ensure my compliance with the foregoing at any Location at which Producer may video record me, interview me, conduct official business, or otherwise operate the Tournament.

20. Apparel Restrictions. I understand and agree that Producer has the right to prohibit me from wearing any apparel, including, but not limited to shirts, pants, shorts, jewelry, shoes, hats and accessories that contain any recognizable logos or images of celebrities or other persons unless such apparel has been specifically provided and/or approved by Producer.

21. Taxes. Subject to Section 44, below relating to a Participant that is designated by a Charity applicant, I shall pay all applicable state and federal or other taxes (including without limitation income taxes and all property taxes due, if applicable) on the value of any money, goods, services, and/or any other consideration that I may be entitled to receive (in Producer’s sole discretion) in connection with the Tournament or the Website including, without limitation, if I receive any share of any prize. I understand and acknowledge that Producer STRONGLY RECOMMENDS that I consult with an accountant or other financial advisor to determine the effect of any tax laws with regard to my participation in the Tournament.

22. Broadcast; Travel. I understand that neither Producer nor Network is obligated to broadcast or otherwise use or exploit the Tournament, the Website, the Material or any part thereof, and Producer may broadcast the Tournament with or without the Material or any portion thereof, as Producer may determine in its sole discretion. All travel I undertake in order to appear in the Tournament shall be at my sole risk and (other than travel provided by Producer) expense.

23. Delay; Suspension; Termination; Abandonment. I understand that the commencement of production, the production, and the completion of production of the Website, Tournament may be delayed, suspended, terminated or abandoned by Producer at any time in its sole discretion and that Producer shall have the right to terminate this Agreement at any time without further obligations hereunder, or at Producer’s option, to suspend the terms and operation of this Agreement for a period of time and that if the Tournament is abandoned or terminated for any reason Producer shall not be obligated to award me any prize(s) or other consideration but that, in any such event, all of my representations, warranties, agreements, waivers and releases contained in this Agreement shall survive.

24. Releasing Parties. AS USED IN THIS AGREEMENT, THE TERM “RELEASING PARTIES” MEANS AND REFERS TO EACH OF ME, MY HEIRS, NEXT OF KIN, SPOUSE (OR SPOUSAL EQUIVALENT OR LIFE PARTNER), MINORS, GUARDIANS, LEGAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS.

25. Released Parties. AS USED IN THIS AGREEMENT, THE TERM “RELEASED PARTIES” MEANS AND REFERS TO EACH OF PRODUCER, ANY NETWORK AND/OR ANY STATIONS THAT MAY BROADCAST THE TOURNAMENT, SPONSORS OF THE TOURNAMENT OR THE WEBSITE, ALL MEDICAL PERSONNEL RENDERING SERVICES IN CONNECTION WITH THE TOURNAMENT, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARY ENTITIES, AFFILIATED AND RELATED COMPANIES, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE PRESENT AND FORMER DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES AND MEMBERS OF EACH OF THE FOREGOING ENTITIES, AND THE HEIRS, NEXT OF KIN, SPOUSES, GUARDIANS, LEGAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING.

26. PARTICIPATION RELEASE. ON BEHALF OF MYSELF AND THE OTHER RELEASING PARTIES, I HEREBY UNCONDITIONALLY AND IRREVOCABLY AGREE THAT I AND THE RELEASING PARTIES WILL NOT SUE OR CLAIM AGAINST ANY OF THE PARTICIPANTS IN THE TOURNAMENT, OR ANY OF THEIR HEIRS, NEXT OF KIN, SPOUSES, GUARDIANS, LEGAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, OR THE RELEASED PARTIES FOR ANY INJURY, ILLNESS, DISEASE, TRESPASS, DAMAGE, LOSS OR HARM TO ME OR MY PROPERTY, OR MY DEATH, HOWSOEVER CAUSED, RESULTING OR ARISING OUT OF OR IN CONNECTION WITH MY APPLICATION OR PREPARATION FOR, PARTICIPATION AND APPEARANCE IN OR ELIMINATION FROM THE TOURNAMENT OR ACTIVITIES ASSOCIATED WITH THE TOURNAMENT OR THE WEBSITE, WHETHER OCCURRING BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE TOURNAMENT, AND WHETHER OR NOT CAUSED BY OR ARISING OUT OF THE ACT OR OMISSION OF ANY PARTY, INCLUDING WITHOUT LIMITATION ANY OF THE RELEASED PARTIES OR ANY OF THE PARTICIPANTS IN THE TOURNAMENT.

27. GENERAL RELEASE. I AND THE OTHER RELEASING PARTIES HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE AND FOREVER DISCHARGE EACH OF THE OTHER PARTICIPANTS IN THE TOURNAMENT, EACH OF THEIR HEIRS, NEXT OF KIN, SPOUSES, GUARDIANS, LEGAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, AND THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIENS, AGREEMENTS, CONTRACTS, ACTIONS, SUITS, COSTS, ATTORNEYS’ FEES, DAMAGES, JUDGMENTS, ORDERS AND LIABILITIES OF WHATEVER KIND OR NATURE IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND WHETHER OR NOT CONCEALED OR HIDDEN (COLLECTIVELY, THE “RELEASED CLAIMS”) ARISING OUT OF OR IN CONNECTION WITH APPLICATION OR PREPARATION FOR, PARTICIPATION AND APPEARANCE IN THE TOURNAMENT, THE WEBSITE OR ACTIVITIES ASSOCIATED WITH THE TOURNAMENT OR THE WEBSITE (INCLUDING WITHOUT LIMITATION MY PREPARATION FOR THE TOURNAMENT AND ANY TRAVEL I MAY UNDERTAKE IN CONNECTION WITH THE TOURNAMENT), WHETHER OCCURRING BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE TOURNAMENT, OR THE PRODUCTION AND EXPLOITATION OF THE TOURNAMENT THE WEBSITE OR NETWORK’S EXHIBITION OF THE TOURNAMENT, OR PRODUCER’S OR ITS LICENSEES’ OR ASSIGNS, INCLUDING PRODUCER’S OR NETWORK’S EXERCISE OF ANY RIGHTS GRANTED BY ME IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION CLAIMS FOR ANY INJURY, ILLNESS, DAMAGE, LOST PROFITS OR FUTURE EARNINGS, LOSS OR HARM TO ME OR MY PROPERTY, OR MY DEATH, OR ANY INJURY, ILLNESS, DISEASE, DAMAGE, TRESPASS, LOSS OR HARM TO ANY RELEASING PARTIES OR ANY THIRD PARTIES OR ANY OF THEIR PROPERTY, OR THE DEATH OF ANY RELEASING PARTIES OR ANY THIRD PARTIES. I ACKNOWLEDGE THAT PRODUCER HAS INFORMED ME THAT IF I AM SELECTED BY PRODUCER TO BE A PARTICIPANT IN THE TOURNAMENT, I AGREE TO PARTICIPATE IN A HIGHLY STRENUOUS PHYSICAL COMPETITION—SPECIFICALLY THE SPORT OF BASKETBALL. I ACKNOWLEDGE THAT BECAUSE OF THE NATURE OF THE TOURNAMENT, PARTICIPANT COULD BE FACED WITH, INJURIES AND/OR MEDICAL CONDITIONS, INCLUDING, BUT NOT LIMITED TO, DEHYDRATION, EXHAUSTION, POTENTIAL BROKEN LIMBS, TORN LIGAMENTS, MUSCLES, OR OTHER INJURIES THAT MAY RESULT IN A PERIOD OF INCAPACITATION AND/OR INABILITY TO COMPETE IN SUBSEQUENT ATHLETIC COMPETITIONS. WITH FULL KNOWLEDGE OF MY CURRENT PHYSICAL AND MENTAL CONDITION, I AM VOLUNTARILY PARTICIPATING IN THE TOURNAMENT AND I AM ASSUMING ANY AND ALL RISK ASSOCIATED THEREWITH. THE RELEASED CLAIMS SHALL INCLUDE BUT NOT BE LIMITED TO THOSE BASED ON NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR ANY OF THE OTHER PARTICIPANTS IN THE TOURNAMENT, WRONGFUL DEATH, PERSONAL INJURY, INFLICTION OF EMOTIONAL DISTRESS (BOTH NEGLIGENT AND INTENTIONAL), PRODUCTS LIABILITY, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWED UNDER APPLICABLE LAWS, LIBEL, SLANDER, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF ANY RIGHT OF PUBLICITY OR PERSONALITY, INFRINGEMENT OF COPYRIGHT OR TRADEMARK, LOSS OF EARNINGS OR POTENTIAL EARNINGS, KIDNAPPING, FALSE IMPRISONMENT, AND THOSE BASED ON MY DISSATISFACTION WITH ANY GOODS OR SERVICES RECEIVED IN CONNECTION THEREWITH.

28. Subsequent Developments. I and the other Releasing Parties acknowledge that there is a possibility that subsequent to the execution of this Agreement, I or they will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed, and which if known by me at that time may have materially affected my decision to execute this Agreement. I and the other Releasing Parties acknowledge and agree that by reason of this Agreement, and the releases contained in this Agreement, I and the other Releasing Parties are assuming any risk of the existence of such unknown facts and such unknown and unsuspected claims. It is intended, understood and agreed that the release set forth herein constitutes release by myself and the other Releasing Parties of all claims, whether known or unknown, regarding or relating to the Tournament and the Website. I and the other Releasing Parties hereby represent that we have been advised by our legal counsel (or, in the alternative, have had the opportunity to be advised by our legal counsel, and have chosen not to consult such counsel), understand and acknowledge the significance and consequence of this release.

29. INDEMNITY. I AND THE OTHER RELEASING PARTIES IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS OR ACTIONS, OF ANY KIND OR NATURE WHATSOEVER, BY WHOMEVER ASSERTED ARISING OUT OF OR IN CONNECTION WITH (A) ANY BREACH OR ALLEGED BREACH OF ANY AGREEMENT, COVENANT, REPRESENTATION, WARRANTY MADE BY ME IN THIS AGREEMENT AND/OR (B) MY APPLICATION, TRAVEL IN CONNECTION WITH, AND PREPARATION FOR, PARTICIPATION AND APPEARANCE IN OR ELIMINATION FROM THE TOURNAMENT OR THE ACTIVITIES ASSOCIATED WITH THE TOURNAMENT, THE WEBSITE, WHETHER OCCURRING BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE TOURNAMENT, INCLUDING WITHOUT LIMITATION ANY INJURY, ILLNESS, DAMAGE, LOSS, HARM OR DEATH I OR ANY RELEASING PARTIES OR ANY THIRD PARTIES MAY SUFFER THEREFROM AND ANY STATEMENT, ACTION OR OMISSION OF MINE DURING OR IN CONNECTION WITH THE TOURNAMENT, WEBSITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE TOURNAMENT (WHETHER BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE TOURNAMENT), THE WEBSITE AND MY DISSATISFACTION WITH ANY GOODS OR SERVICES RECEIVED IN CONNECTION THEREWITH; AND (C) THE USE OR EXPLOITATION OF ANY OF THE RIGHTS I HAVE GRANTED HEREIN.

30. ASSUMPTION OF RISK. I ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE TOURNAMENT IS COMPLETELY VOLUNTARY. I AGREE TO COMPLY WITH THE STATED AND CUSTOMARY TERMS AND CONDITIONS FOR PARTICIPATION IN THE TOURNAMENT, INCLUDING IN THIS AGREEMENT AND THE RULES. IF, HOWEVER, I OBSERVE ANY UNUSUAL SIGNIFICANT HAZARD DURING MY PRESENCE OR PARTICIPATION IN THE TOURNAMENT, I WILL REMOVE MYSELF FROM PARTICIPATION AND IMMEDIATELY BRING SUCH HAZARD TO THE ATTENTION OF PRODUCER. I AM FAMILIAR WITH THE TOURNAMENT, AND THE ACTIVITIES IN WHICH I WILL BE PARTICIPATING, AND I AM SOLELY RESPONSIBLE FOR DETERMINING WHETHER MY FITNESS OR SKILL LEVEL WARRANTS PARTICIPATION IN THE TOURNAMENT. I AM AWARE THAT THESE ACTIVITIES MAY BE DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I KNOWINGLY AND FREELY ASSUME ALL HAZARDS, DANGERS, AND RISKS, BOTH KNOWN AND UNKNOWN, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN THE TOURNAMENT AND ITS RELATED EVENTS AND ACTIVITIES.


31. LIMITATION OF LIABILITY. IN NO EVENT SHALL PRODUCER OR ANY OTHER RELEASED PARTY BE LIABLE TO ME, THE OTHER RELEASING PARTIES, OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

32. Use of Intellectual Property. I shall not at any time use any of Producer’s, the Website’s, the Network’s or any advertiser’s names, logos, trade names or trademarks (including, but not limited to, the title of the Tournament), or those of any of Producer’s, the Website’s, the Network’s or any advertiser’s related companies, in any capacity whatsoever, whether on a website or any other social media outlet, in connection with any media appearance or other type of appearance I may make or any kind of advertising, promotion, publicity, merchandise, or other product or service, unless authorized by Producer to do so.

33. Acknowledgement of Third-Party Beneficiaries. I understand and agree that any Network or partner that may develop, post, stream, broadcast content developed by Producer in the course of the production of the Tournament is a third party beneficiary of this Agreement, and I acknowledge and agree that my performance of any and all obligations, releases, grants, rights and waivers under this Agreement is intended to benefit the Network.

34. Charity Participants. Subject to Section 44, for a Participant that is designated by a Charity applicant, I acknowledge and agree that the services I am rendering hereunder are of a special, unique and extraordinary character (because, among other things, I have been selected for potential participation in the Tournament from a large number of applicants based on my special, unique and extraordinary characteristics) that gives my services a peculiar value for Producer and Network, the loss of which cannot be reasonable or adequately compensated by monetary damages. I further acknowledge and agree that Producer and/or Network may seek and obtain, among other things, (a) injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this paragraph by me, (b) recovery or disgorgement of any monies or other consideration received by me for or in connection with any appearance I make in violation of this paragraph, and (c) recovery of Producer’s and Network’s attorneys’ fees incurred to enforce this paragraph.

35. Relationship of the Parties. Nothing herein contained shall be deemed to constitute an employment relationship, joint venture or partnership between me and the Released Parties, nor shall I be deemed Producer’s (or any of the Released Parties) agent for any purpose.

36. Waiver. Any waiver of any term of this Agreement in a particular instance shall not be a waiver of such term for the future. I agree that the invalidity or enforceability of any part of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement.

37. Entire Agreement. My Profile, any statement made about my health and criminal history, should such declarations be necessary, the Rules and this Agreement (and the exhibits and attachments hereto) constitute the entire agreement and understanding between the parties, and supersede and replace all prior discussions or negotiations, and any representations and warranties made by Producer concerning the subject matter hereof. This Agreement cannot be changed or terminated except by a written instrument signed by the parties hereto. The releases contained herein shall not, negate, undermine or derogate from, in any way, any written representations or warranties or releases that I may have previously or otherwise made to Producer.

38. Legal Authority. I acknowledge that no other party, nor any agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce me to execute this document, and acknowledge that I have not executed this instrument in reliance on any such promise, representation, or warranty not contained herein.

39. Successors and Assigns; Assignment and Delegation. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, legal representatives, administrators, executors, and guardians. This Agreement is personal to me and is not assignable nor delegable by me and any purported assignment by me shall be null and void ab initio. This Agreement (and any of Producer’s rights or obligations hereunder) may be freely assigned by Producer, in whole or in part.

40. Further Assurances. I agree to execute and deliver to Producer any other documents that Producer considers necessary or desirable to evidence, effectuate or enforce this Agreement or any of the terms and conditions hereof. I hereby appoint Producer my true and lawful attorney-in-fact to execute and deliver any such documents in the event I fail or refuse to do so in accordance with this Agreement promptly after Producer’s written request therefor (which appointment is deemed a power coupled with an interest and irrevocable under any and all circumstances).

41. Choice of Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Georgia. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.

42. Remedies. Without limitation of any other provision in this Agreement, my remedies for any breach of this Agreement by Producer or others will be limited to damages and in no event will I be entitled, and hereby waive my right, to rescind this Agreement or to seek or receive injunctive or any other equitable relief. I recognize that a breach by me of this Agreement would cause Producer and Network irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law and, therefore, I hereby expressly agree that Producer and Network shall be entitled to injunctive and other equitable relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this Agreement by me.

43. Promotion of Other Products or Services. Unless I obtain the prior written consent of Producer, I shall not mention or “plug” any commercial product, service, venture or thing in connection with the Tournament including the name of my employer. Except for the benefits being provided by Producer as specifically set forth in this Agreement, I am not, and no one acting on my behalf is, giving or receiving, nor have I or anyone acting on my behalf given or received, any monies or other valuable consideration in connection with my appearance in the Tournament, and I have not authorized and will not authorize, and no one acting on my behalf has authorized or will authorize, anyone else to do so. I am aware that payment or acceptance of, or agreement to pay or accept, any money or valuable consideration for the appearance of any person or the mention of anything in connection with the Tournament without disclosure to the Network or other broadcaster prior to broadcast is a federal offense punishable by fine and/or imprisonment. I shall obtain Producer’s prior written consent in the event that I receive compensation from third parties or sponsorship, I agree that if anyone tries to induce me to make any such product mention or placement or to do any such act or accept any such money or consideration, I shall immediately notify Producer and the Network’s Standards and Practices representative. I shall refrain from gambling and from associating with those who gamble in connection with the Tournament. If am found to be involved with gambling in association or in connection with the Tournament, including having taken any form of consideration, whether directly or indirectly from those who gamble in connection with the Tournament, I shall be disqualified from the Tournament and shall be banned for life from competing in the Tournament in future years. Upon discovery of my involvement or association with gambling in connection with the Tournament, Producer may notify all appropriate law enforcement authorities, including the Federal Bureau of Investigation, local police departments, and all offices of prosecution who retain jurisdiction over the illegal activities.

44. Prizes for Charity Participants. Notwithstanding any other provision of this Agreement, if I am a Participant because I have been designated by a Charity applicant (as defined in the Rules), I am participating solely as designee of such Charity and at its direction, and any rights or benefits, including any prize, award or other consideration, otherwise accruing to a Participant as defined in this Agreement instead belongs solely to such Charity, and may not accrue or be paid to me or any other individual. Any services I perform pursuant to this Agreement I perform directly for the benefit of the Charity that has designated me to participate on its behalf. I sign below not as applicant but as designee for such Charity applicant, with its permission and at its direction. By signing below, the Charity that has designated me to participate on its behalf acknowledges such designation, agrees that it is responsible for any taxes, indemnities or other payments described herein and otherwise attributable to a Participant as defined in this Agreement, and agrees to all provisions of this Agreement, as a party hereto, including, without limitation, all grants of rights, releases and indemnities set forth herein.

45. Athletic Tracking Devices. I understand and agree that Producer has the right to require me to wear certain performance tracking devices during game play, including, but not limited to, any such devices that may record and display my heart-rate, number of sprints, distance run, and/or metrics that may be gleaned from the recorded data.
I have been given ample opportunity to read, and I have carefully read, this entire Agreement. I represent and warrant that I have the full right, power and authority to grant the rights granted in this Agreement. I certify that I have made such an investigation of the facts pertinent to this Agreement and of all the matters pertaining thereto as I have deemed necessary, that I fully understand the contents of this Agreement, that I am of sound mind, and that I intend to be legally bound by this Agreement. I am aware that this Agreement is, among other things, a release of liability for future injuries and damages and a contract between myself and Producer and/or its affiliated organizations, and that I am signing this Agreement of my own free will. All statements made by me in, and any and all information and/or material provided by me in connection with, this Agreement and any exhibits or attachments or related documents thereto are true. All statements made by me in, and any and all information and/or material provided by me in connection with my application in general or in any specific document previously submitted by me, or in any interview in which I have participated, are true. Any other written or oral representations that I have made or will make to Producer or the Network as part of, or subsequent to, the application process includes without limitation any submissions made to Producer, the Website, or to the public in an effort to gain admission to the Tournament are true. I understand that in the event that Producer or its agents or any other entity discovers or decides, in its sole determination, that I or anyone else associated with me has made a false or misleading statement as part of my application in general or in any specific document or interview, Producer has the right, but not the obligation, to remove me from consideration as a Participant for the Tournament or to remove me from or not include me in the Tournament if I have already been selected as a Participant, and any prizes or other consideration furnished or delivered to me shall be subject to forfeiture and/or reimbursement of their value to Producer and I will not be entitled to any consideration or be eligible to share in any prize. I further understand and agree that the representations and understandings in this paragraph do not impose or imply any limitations on Producer’s concurrently existing right to reject me as a Participant or to remove me as a Participant for any other reason whatsoever at any time. The name given below is my legal name. Any other name(s) or alias(es) used by me within the past five years are also noted below. The social security number furnished is my true social security number. I have read this Agreement and acknowledge and agree that: (a) counsel for Producer prepared this Agreement on behalf of Producer and not on behalf of myself or any Participant in the Tournament; (b) I have been advised that a conflict may exist between Producer’s interests and/or my interests; (c) this Agreement may have significant legal, financial planning, and/or tax consequences; (d) I have sought, or have had the full opportunity to seek, the advice of independent legal, financial planning, and/or tax counsel of its choosing regarding such consequences; and (e) counsel for Producer has made no representations to either party regarding such legal, financial planning, and/or tax consequences.