WAIVER, RELEASE OF LIABILITY, AND CONSENT FORM 1. I, (the “Participant”), and if such Participant is under 18 years of age, then also the parent or legal guardian of such Participant (collectively with the Participant, the “Undersigned”), hereby give my full consent and approval for Participant’s participation in Home Game epicenter activities at Avaya Stadium in 2015 (“Event”), as indicated below. 2. THE UNDERSIGNED UNDERSTAND(S) THAT THERE ARE CERTAIN RISKS OF DANGERS AND INJURIES, INCLUDING DEATH, ATTACHED TO THE EVENT AS WELL AS OTHER RELATED ACTIVITIES INCIDENTAL OF PARTICIPANT’S PARTICIPATION, AND THE UNDERSIGNED IS/ARE WILLING TO ASSUME THESE RISKS IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE EVENT. THESE RISKS INCLUDE BUT ARE NOT LIMITED TO, THOSE HAZARDS ASSOCIATED WITH WEATHER CONDITIONS, EQUIPMENT, AND OTHER INDIVIDUALS. THE UNDERSIGNED DOES/DO VOLUNTARILY ELECT TO ACCEPT AND SOLELY ASSUME ALL RISK OF INJURIES INCURRED OR SUFFERED BY PARTICIPANT DURING PARTICIPANT’S PARTICIPATION IN OR ABOUT THE EVENT. THE UNDERSIGNED DOES/DO HEREBY CERTIFY THAT PARTICIPANT IS FULLY CAPABLE OF PARTICIPATING IN THE EVENT AND THAT PARTICPANT IS HEALTHY AND HAS NO PHYSICAL OR MENTAL DISABILITIES THAT WOULD RESTRICT FULL PARTICIPATION IN THE EVENT. 3. In addition to giving the full consent of the Undersigned for Participant’s participation, the Undersigned does/do hereby waive, release, discharge and agree not to hold Earthquakes Soccer, LLC d/b/a the San Jose Earthquakes (“EQ”), Avaya, Inc., Major League Soccer, L.L.C., Soccer United Marketing, LLC, and each of their respective parents, owners, officers, members, directors, agents, employees, affiliates, and subsidiaries (collectively the “Released Parties”) responsible for any harm, damages, or costs, including attorneys’ fees, or causes of action which the Undersigned may have as a result of damages, injuries, including death, sustained or incurred by Participant for whatever cause including but not limited to negligence, breach of contract, or wrongful conduct of Released Parties. 4. The Undersigned further agree(s) that the Undersigned shall hold harmless and fully indemnify the Released Parties from any and all claims, damages, costs (including attorneys’ fees) and causes of action that may arise from any cause made by the Undersigned, even if the damages, injuries or death are caused in whole or in part by any of the Released Parties. 5. The Undersigned hereby waive(s) any copyright rights or other proprietary rights that the Undersigned may have to or in any tape, film, recordings, telecast, and all other accounts and descriptions of the Event (collectively, “Images”) and agree(s) that EQ owns and controls all rights thereto and therein. To the extent that the Undersigned has/have any rights to or in such Images, the Undersigned hereby irrevocably assign(s) such rights to EQ. Furthermore, the Undersigned now waive(s) all personal rights and objections to any use to be made of such Images of Participant, Participant’s name, Participant’s voice, or Participant’s personality for any purpose (including without limitation trade and promotional usage) in any and all media now known or hereafter invented. The Undersigned hereby represent(s) that the Undersigned understand(s) that in proceeding with the production of Images, EQ will do so in full reliance on the foregoing permission. 6. It is understood that this agreement provides for a full and final release covering all known, unknown and/or unanticipated injuries, debts, claims, or damages to Participant that may have arisen, or may arise, in connection with any act or omission by the parties released herein during the Event. For that reason, the Undersigned hereby waive(s) any and all rights or benefits that the Undersigned may have under the terms of California Civil Code section 1542 which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in (his/her) favor at the time of executing the release, which, if known by (him/her), might have materially affected (his/her) settlement with the debtor.” THE UNDERSIGNED ACKNOWLEDGE(S) THAT I/WE HAVE READ AND UNDERSTAND EVERY ONE OF THE ABOVE PROVISIONS AND AGREE TO ABIDE BY THEM. IF THE PARTICIPANT IS UNDER 18 YEARS OLD, THE PARTICIPANT MUST HAVE THIS RELEASE AND WAIVER SIGNED BY THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN. Participant’s Name (Print)
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