Permission & Release Form
IN CONSIDERATION of the right of the individuals whose names are printed below (the “Participant”) to participate in the basketball game(s), event(s) and other activit(y/ies) scheduled to take place in connection with the 2019 Jr. NBA Vietnam program (collectively, the “Events”), we (i.e., the Participant and his/her parent(s) or legal guardian(s) (“Guardians”)) hereby (a) agree to participate or allow the Participant to participate in the Events (as the case may be) and (b) on behalf of the Guardian, the Participant and the Participant Representatives (as defined below):
1. irrevocably grant permission to each of the Released Entities (as defined below) to utilize Participant’s (and the Guardian’s) name, voice, statements, photograph, image, likeness, actions at the Events and/or Participant’s and the Guardian’s) biographical data in any live or recorded form (including, but not limited to, any form of 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 without any additional consideration;
2. (a) acknowledge that the Participant’s participation in the Events involves risk of serious bodily injury, death, property damage and/or other harm which might result not only from the Participant’s actions, inactions, or negligence, but also from the actions, inactions or negligence of others, the conditions of the premises or of any equipment used and that there may be other risks not known or reasonably foreseeable at this time; and (b) accept sole responsibility for all of the hazards and risks to Participant and Participant’s property associated with or related to Participant’s participation in the Events and for any damage or injury that Participant may cause to others;
3. (a) to the extent permitted by applicable law, release, waive and forever discharge any and all claims of damages or causes of action, including but not limited to, death, personal injury or loss or damage to property, which the Guardian, the Participant or any of the Participant’s representatives, heirs, next of kin or assignees (“Participant Representatives”) may have or which may hereinafter accrue to the Guardian, the Participant or the Participant Representatives as a result of Participant’s participation in the Events or otherwise and which may be asserted by the Guardian, the Participant or the Participant Representatives against NBA Asia Limited, WNBA Enterprises, LLC, the Women’s National Basketball Association and its member teams, NBA Entertainment, a division of NBA Properties, Inc., NBA Properties, Inc. (“NBAP”), the National Basketball Association and its member teams, the NBA Development League, LLC and its teams, and each of their respective affiliates, administrators, agents, coaches, officers, directors and employees, other participants, sponsoring agencies, sponsors, advertisers, designees, licensees and if applicable, owners and lessees of premises used in connection with the Events (collectively, the “Released Entities”), whether caused by the acts, omissions or negligence of the Released Entities or by any other person or entity and (b) agree to indemnify and save and hold harmless the Released Entities and each of them from any loss, liability, damage or cost they may incur due to Participant’s participation in or otherwise in connection with the Events, whether caused by the negligence of any of the Released Entities or otherwise;
4. understand and agree that (a) Participant’s refusal to accept any prize from any Event or other activity shall constitute a forfeiture of that prize and shall release the Released Entities from any and all obligations in connection with such prize; (b) Participant is responsible for and shall pay all state and federal or other taxes as required for by applicable law on any and all cash and/or prizes Participant wins; (c) Participant agrees and acknowledges that the Released Entities reserve the right to withhold any payable taxes from any and all cash or prizes Participant wins to make payments to the relevant tax authorities as required by applicable law from time to time; (d) Participant will indemnify and hold the Released Entities harmless against any liability for any such taxes and agree that any of the Released Entities may deduct or require payment of any such tax before delivery of a prize; and (e) any travel undertaken by Participant in connection with Participant’s acceptance or use of any prize shall be taken at Participant’s sole risk. FURTHERMORE, THE GUARDIAN AND THE PARTICIPANT FULLY ACKNOWLEDGE, APPRECIATE AND UNDERSTAND THE RISK THAT PARTICIPANT’S PARTICIPATION IN ANY CONTEST, ACCEPTANCE OF ANY PRIZES AND/OR NBAP’S USE OF THE MATERIALS COULD AFFECT ANY HIGH SCHOOL OR INTERCOLLEGIATE ATHLETIC ELIGIBILITY THAT PARTICIPANT MAY HAVE, AND PARTICIPANT FULLY ASSUMES SUCH RISK AND RELEASES THE RELEASED ENTITIES FROM ANY LIABILITY IN CONNECTION WITH ANY SUCH FAILURE TO BE ELIGIBLE FOR HIGH SCHOOL OR INTERCOLLEGIATE ATHLETIC COMPETITION;
5. acknowledge that the Released Entities are relying on the grant of rights contained herein;
6. expressly agree that this Permission and Release Form is intended to be as broad and inclusive as is permitted by all applicable laws and that if any portion hereof is held invalid, it is agreed that the balance shall nonetheless continue in full legal force and effect; and
7. agree that this Permission and Release Form is governed by, and shall be construed and enforced in accordance with, the laws of the State of New York, United States of America, excluding its choice of law principles. Any claim arising out of, relating to, or in connection with this Permission and Release Form, including any question regarding its existence, validity, or termination, and any question as to whether a particular dispute is arbitrable hereunder, shall be referred to and finally resolved by binding arbitration administered by the International Court of Arbitration in accordance with its International Arbitration Rules (“Rules”) by three arbitrators appointed in accordance with such Rules, with the two co-arbitrators having 30 days from the appointment of the second arbitrator to nominate the chair. The place of arbitration shall be New York County, New York, and the language to be used in the arbitral proceedings shall be English. The arbitrators shall award to the prevailing party its costs, including its attorneys’ fees, incurred in connection with the arbitration. Judgment upon the award may be entered by any court having jurisdiction thereof. The parties waive irrevocably their right to any form of appeal, review or recourse to any judicial authority, insofar as such waiver may be validly made, with respect to any award of the arbitrators, including interim or partial awards, and including with respect to questions of law. Participant hereby waives in any such arbitration and in any Ancillary Proceedings (as defined below) any defense of lack of personal jurisdiction or forum non conveniens or other similar doctrine. The parties hereby consent to the jurisdiction of the courts sitting in New York County, New York, in connection with any legal proceedings concerning or arising out of any such arbitration (including proceedings to compel arbitration, stay litigation, issue interim measures of protection including attachments, confirm, recognize or enforce an arbitral award, or enforce a court judgment issued on an arbitral award) (“Ancillary Proceedings”) and agree that such courts shall award to the prevailing party its costs, including its attorneys’ fees, incurred in connection with such Ancillary Proceeding.
I HAVE READ AND VOLUNTARILY SIGN THIS PERMISSION AND RELEASE FORM, and further agree that no oral representations, statements or inducement contrary to anything contained herein have been made by NBAP or any of its employees or agents. In the event of any conflict between the English language version of this form and any translation thereof, the English language version shall prevail.
By signing below, I hereby represent that I have accessed, read and agree to the Jr. NBA Vietnam - Program Terms and Conditions located at https://jrnba.asia/vn_EN/terms and conditions.php.
AGREED TO AND ACCEPTED:
Indicate (check the box) if Participant is a: ☐ Coach or ☐ Player
Name of Participant: ___________________________ Date of Birth:_____________ Sex: ☐ Male ☐ Female
First Name Last Name MM/DD/YYYY
Mobile Number of Participant: ________________________________
Email Address of Participant: ____________________________
Name of Adult (Parent/Guardian): ______________________________
First Name Last Name
*Email Address of Parent/Guardian: __________________________
*Mobile Number of Parent/Guardian: ____________________________ *required if Participant is a minor.
Country:___________________ Postal / ZIP Code:___________________
We confirm and represent to NBA Properties, Inc. that the signatory in respect of “Name of Adult” or “Participant’s Parent or Guardian” is the lawful parent or guardian exercising parental authority over the Participant in accordance with the law, and we freely and willingly AGREE and ACCEPT the terms and conditions of the Permission and Release Form.
Signature of Participant:________________________________________
Participant’s Parent or Guardian: _______________________
FOR NBAE USE ONLY
NAME OF EVENT: _________________________________________
Returned Participants: ___________________