Participant Release
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Please Read Carefully, Sign (Check and type name) to participate in GTC programming.
For purposes of this “Participant Release” document, “Program” means general GTC programming. In consideration of the opportunity to participate in the Program, I, the undersigned participant, acknowledge and agree that:
1. ASSUMPTION OF RISK. Participation in or attendance at the Program involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage, and severe social and economic losses. These may result from my own actions or inactions or negligence, as well as the actions or inactions or negligence of others, the rules of play, and the condition of the facilities and equipment or vehicles. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I understand and I have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others and assume full responsibility for my participation in the Program. I warrant that I am physically and mentally able to fully participate in the Program. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released Parties (as defined below) from any costs or claims arising from such medical care.
2. RELEASE FROM LIABILITY. I, for myself and on behalf of my heirs, estate, insurers, successors and assigns, fully and forever release and discharge GumboFit, GumboFit Track Club, and the affiliates and subsidiaries of Gumbo Media LLC, their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, successors, assigns, and insurers, all Program sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Program from any and all injuries (including death), losses, damages, claims (including negligence claims, excluding gross negligence and intentional misconduct claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in or attendance at the Program, including transportation related to the Program, even if it is due to the negligence of the Released Parties, to the fullest extent permitted by law.
3. AUTHORIZATION TO RECORD AND TO USE RECORDINGS AND NAME. I hereby grant to Gumbo Media LLC, its affiliates, subsidiaries, successors, assigns and licensees (collectively “Gumbo”) permission to film, photograph, video record and otherwise record my image, voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, or any other aspect of the recording at the Program (collectively the “Recording”) and the right, throughout the world, in perpetuity, to register for copyright, to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), in all media and in any manner now known or hereafter developed, in connection with the Program or otherwise without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name. Gumbo shall have no obligation to use any of the rights I grant. I represent that it is not necessary for Gumbo to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.
4. AUTHORIZATION TO COLLECT AND USE DATA. While engaging in the Program, you may provide to Gumbo (1) information such as your name, contact information, age, and other demographic, physical, physiological or identifying characteristics specifically requested from you; and (2) data regarding your use or interaction with Gumbo programs, including any feedback, comments or ideas you provide about your experience during the Program (collectively “Program Data”). Your participation in the Program is voluntary. By participating in the Program and providing the Program Data to Gumbo, you hereby grant Gumbo permission to collect, capture, record, and store the Program Data, and grant to Gumbo a license to use the Program Data for any purposes.
5. LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. I hereby grant to Gumbo a perpetual license to use all comments, feedback and ideas I may share with them, without notice, compensation or acknowledgement to me, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
7. CONFIDENTIALITY. I understand that, during the Program, I may be exposed to ideas, designs, discoveries, inventions, and trade secrets, including footwear, apparel and equipment designs under development, fabrication processes, innovative materials, drawings, business and marketing plans, sales data, and research about biomechanics and exercise physiology. I agree that all of Gumbo's files, data, and information are and shall remain the property of Gumbo and as such may not be used, or copied or distributed to third parties, without the express prior written consent of Gumbo. My obligations of non-disclosure with respect to Gumbo's proprietary information shall remain in effect for five years from the date I gain access, so long as such information has not entered into the public domain.
I acknowledge that Gumbo has not arranged for nor carries any insurance of any kind for my benefit and that I am solely responsible for obtaining and paying for any health, life, travel, accident, property or other insurance relative to my injuries or any other loss I may sustain while participating in the Program.
I have read this Participant Release, fully understand and agree to its terms, and understand that I am giving up substantial rights by signing it. I sign this Participant Release freely and voluntarily, without any inducement or coercion.
I certify that:
I am over the age of majority (18 years of age or older in most states).
I agree to the terms of this release.