Waiver and Release
In consideration of being allowed to participate in any way in the
Johnson & Johnson International Hockey Tournament and related
events and activities taking place between April 12-13th, 2019 in
Toronto, Ontario, Canada (the “Activity”), the undersigned
acknowledges, appreciates, and agrees to the terms and conditions set
out below.
IMAGE & VIDEO RELEASE
I hereby grant to Johnson & Johnson (“Company”) and all of its
affiliates, successors, transferees, and assigns (hereinafter
collectively referred to as the “Licensed Parties”), an exclusive
royalty free unrestricted right to produce, reproduce, publish,
broadcast, communicate by telecommunication, exhibit, distribute,
adapt and otherwise use or re-use my likeness and/or my name in
association with any and all, photographs, video recordings, audio
recordings and computer generated images (the “Images”) taken during
the Activity, in any and all media now known or hereafter devised in perpetuity.
I hereby acknowledge and agree that the Company shall exclusively own
any and all right, title and interest (including copyright) in and to
the Images and/or other materials produced, recorded, and/or created
which incorporate the Images and are prepared using the rights granted
herein (collectively, the “Materials”) without
further approval by, or notification or compensation to, me, unless
prohibited by law. I agree that the Licensed Parties may edit or
otherwise modify the Images and may combine the Images with Materials
furnished or created by others without my approval. The Licensed
Parties have the sole discretion to decide whether, when and how to
publish or post the Images and/or any Material, or any portion
thereof. I hereby assign any and all copyright I may have in and to
the Images and Materials and expressly waive, to the fullest extent
permitted by law, any so-called “moral rights” which may now or may
hereafter be recognized by legislative enactment or otherwise at law
or in equity with respect to the Materials.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK WAIVER
Assumption of Risks. I am fully aware of the risks
involved and hazards connected to this Activity, including but not
limited to the potential for permanent paralysis and death of injury
as well as travel risks and while particular rules, equipment, and
personal discipline may reduce this risk, the risk of serious injury
does exist. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN
AND UNKNOWN FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY,
INCLUDING DEATH, that may be sustained by me, or any loss or damage to
property owned by me, as a result of being engaged in the Activity,
WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES (as defined below) or otherwise.
I willingly agree to comply with the stated and customary terms and
conditions for participation. If however I observe any unusual
significant hazard during my presence or participation, I will remove
myself from participation and bring such to the attention of the
nearest official immediately.
Assumption of Responsibility. I will abide by all
applicable Company policies, including but not limited to, the Johnson
& Johnson Business Conduct Policy, as well as the laws of Canada,
and ensure that I have adequate medical, personal health, dental and
accident insurance coverage, as well as protection of my personal possessions.
More particularly, I understand that Company does not carry accident
or injury insurance for my benefit and also that there may be certain
matters for which I could be held at fault personally. In these cases
I will be accountable in all respects for my own actions and will not
ask Releasees to accept the consequences thereof. Further, I will be
responsible for any claims made against Releasees in relation to such actions.
RELEASE, WAIVER AND INDEMNITY. I, FOR MYSELF AND ON
BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN,
HEREBY: (A) RELEASE, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS
FAMILY OF COMPANIES, THEIR OFFICERS, OFFICIALS, AGENTS AND/OR
EMPLOYEES, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS,
ADVERTISERS, AND, IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED
TO CONDUCT THE ACTIVITY ("RELEASEES"), WITH RESPECT TO ANY
AND ALL CLAIMS, ACTIONS, COSTS, JUDGEMENTS, DAMAGES, OBLIGATIONS,
LOSS, PENALTIES, AND EXPENSES OF ANY KIND AND ANY NATURE INCLUDING
LEGAL FEES, THAT I MAY SUFFER IN CONNECTION WITH MY PARTICIPATION IN
THE ACTIVITY OR RELEASEES USE OF THE IMAGES, INCLUDING BUT NOT LIMITED
TO INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY,
RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION, OR PORTRAYAL IN A FALSE
LIGHT; WHETHER CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL
ACT OR OMISSION OF THE RELEASEES OR OTHERWISE TO THE FULLEST EXTENT OF
THE LAW; AND (B) INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES
FROM AND AGAINST ANY AND ALL DAMAGES, LOSS AND EXPENSES, INCLUDING
LEGAL FEES, WHICH MAY BE SUFFERED DIRECTLY OR INDIRECTLY BY REASON OF
MY BREACH OR ALLEGED BREACH OF ANY OF THE FOREGOING AND/OR MY OWN
NEGLIGENCE OR WILFUL MISCONDUCT DURING OR IN CONNECTION WITH MY
PARTICIPATION IN THE ACTIVITY OR THE APPEARANCE OF THE IMAGES. I
FURTHER ACKNOWLEDGE AND AGREE THAT LICENSED PARTIES SHALL HAVE NO
LIABILITY FOR THE UNAUTHORIZED USE OF THE IMAGES BY THIRD PARTIES
I hereby acknowledge that this agreement and the rights granted
herein, to the Company or any Licensed Parties, shall apply to and be
binding on me, and my heirs, executors, administrators, personal
representatives, successors and assigns.
I ACKNOWLEDGE AND CONFIRM THAT I AM AT LEAST (18) YEARS OF AGE AND
FULLY COMPETENT AND THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO BE
BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AND THAT I HAVE HAD
THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL REGARDING THIS
AGREEMENT. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY
INDUCEMENT. I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.
This agreement shall be governed by and construed in accordance with
the laws of the province of Ontario and the laws of Canada as
applicable therein, excluding the operation of any rule or principle
of conflict of laws.
By clicking “accept” below, I confirm that I am at least (18) years
of age and that I have read and understand this Waiver and Release,
and agree to be bound by the terms and conditions contained therein