New Balance Foundation Waiver and Release
You are being asked to sign this Waiver and Release because your child's school has signed on to participate in the New Balance Foundation Billion Mile Race. In this campaign miles walked and run by students at your child's school (such as during walk/run programs, recess, PE, etc.) will be tallied and contribute towards the ambitious billion mile national goal. By signing this Waiver and Release you are allowing your child to partake in activities at his or her school where miles will be counted. For more information about the New Balance Foundation Billion Mile Race, visit www.BillionMileRace.org.
RELEASE AND WAIVER
I. INDEMNIFICATION. I, the participant identified below agree that my participation in the promotion or other activity by the Company (as defined below) in which context I have been provided this Wavier and Release Document ("Activity") is entirely at my own risk. I hereby release, defend, indemnify and hold harmless, New Balance Foundation, New Balance Athletic Shoe, Inc., Tufts University and the 100 Mile Club, Inc. (collectively, "Company"), from any and all liability, claims, demands, actions or causes of action and responsibility of any kind whatsoever related to or arising out of my participation in the Activity, including, but not limited to, any injury, loss, or damage ro myself, or any third party or property unless the Company has acted in gross negligence, bad faith or intent.
II.STATEMENT OF FITNESS. I represent and warrant that I am in good health, physically and psychologically fit and I am not aware of any physical or psychological impediments to my participation in any physical activity, event, or use of any athletic equipment at or in connection with the Activity. I acknowledge and agree that any Activity in which I engage carries an inherent risk of potential accident or injury.
III.GRANT OF USE RIGHTS IN CONTENT. I understand that Company wishes to use the following "Content" created or provided by me in relation to the Activity: (i) my feedback, picture, portrait, likeness, video image, photograph, and (ii) any photographs or recordings I provide to Company ("Submitted Materials").
In consideration of my being permitted to participate for free in the Activity i confirm that:
Non-Exclusive Right. I grant Company the non-exclusive, unrestricted, perpetual, worldwide right of every kind and character whatsoever to use Content and my name (or any fictional name) in combination with the Content for any purpose in connection with the Activity for the Company's business, products or services, including but not limited to educational purposes, marketing purposes, promotional purposes in the form of printed publications, multimedia presentations, social media, Internet or in any other distribution media in electronic or written form ("Specified Purposes"). Without limiting the generality of the foregoing, Company shall be entitled to copy, transform, reproduce, distribute and publish such modifications and transformations. Company hereby accepts the grant of rights and title provided herein.
1. Content and Competitors of the Company. I represent and warrant that I will not provide Content that contains or displays products of the Company or its Affiliates to competitors of the Company or its Affiliates.
2. Moral Rights. To the extent that I provide Company with any Content, I hereby waive any and all moral rights or similar that I may have, now or in the future, in and to the Content as an author.
3. Representation of Authorship. I declare that I am the sole owner of all all copyright in and to the Content and the Content does not infringe any third party's rights or law, and/or that I have the authority to permit Company the rights granted in this Waiver and Release without violating any third party's rights. I agree, for no additional consideration, to execute any further assignments, waivers, assurances or other documents requested by Company and/or to fully carry into effect that grants and waivers granted in this Waiver and Release.
4. Right to Sublicense. I grant the Company the right to grant to its affiliated entities worldwide, as well as to any third party acting with the Company's permission or authority ("Affiliates") the right to use the Content for the Specified Purposes;
5. Storage of Content. I do not object to the Company or any Affiliates:
a. storing copies of the Content for the Specified Purposes; or
b. transferring the Content to a destination outside the territory where such Content was collected or storing the Content at a destination outside the territory where such information was collected for the Specified Purposes.
7. Withdrawal. I may freely withdraw the rights grant under this section III at any time by giving notice to the Company. The withdrawal shall not affect the lawfulness of use of the Content before withdrawal. This includes that use of the Content may not be prohibited if Content has already been shared with third parties or uses.
IV. DATA PROTECTION. The Company will use the personal data provided by me or collected in context of the Activity and this Waiver and Release Document as data controllers only for purposes of my participation in the Activity and for the Specified Purposes. Any personal data that is contained in the Content and the authorized recipients of the Content as described herein. Participant hereby declares that Participant will inform any third parties that are part of the Content respectively.
IF PARTICIPANT IS A MINOR, THIS WAIVER AND RELEASE MUST BE SIGNED BY A PARENT OR LEGAL GUARDIAN ON BEHALF OF MINOR. By virtue of executing this Waiver and Release as the parent or legal guardian of the participant I agree to these terms and conditions on behalf of the minor identified above and myself and further represent, warrant and agree that (a) I am the legal parent or guardian of the participant, and (b) I have read, understood and have authority to enter into this Waiver and Release, and (c) the participant will not disaffirm or disavow this Waiver and Release on the ground that the participant was a minor on the date it is executed or any similar grounds whatsoever
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