In consideration of being permitted to play soccer and participate in soccer activities on Xbox Pitch at CenturyLink Field (“Facility”) prior to a home Seattle Sounders FC match, together with any other promotional activities, (“Events”) taking place at the Facility on or about June 9, 2018, the undersigned as a the parent or legal guardian of a minor child participating in the Events (hereinafter “Participant”) and on behalf of them and their personal representatives, assigns, heirs and next of kin:
HEREBY WAIVES, RELEASES, DISCHARGES AND HOLDS HARMLESS Seattle Soccer LLC d/b/a Seattle Sounders FC, Major League Soccer LLC, Soccer United Marketing LLC, First and Goal, Inc. the Washington State Public Stadium Authority and CenturyLink Field, and each of them, their owners, officers, directors, managers, agents, affiliates, sponsors, franchisors and employees (“Releases”), from and against any and all damages, claims, lawsuits, actions, and liability for any and all damage, demand or injury to the person or property of the Participant, including death, whether caused by the negligence or carelessness of the Releases whether active or passive, the actions of other participants and third parties, hidden, latent or obvious defects in the Facility, fixtures or equipment used, or otherwise arising out of or in connection with Participant attending, working, volunteering, observing or participating in the Events, or any other purpose related thereto (“Released Claims”). The Participant understands, acknowledges and accepts that they and their successors may not now fully know the number or magnitude of all of the Released Claims, but nevertheless intends to assume the risk by releasing such unknown claims and agreeing that this Waiver and Release is a full and final release and waiver of all Released Claims. Participant expressly agrees that this Waiver and Release is intended to be construed as broad and inclusive as is permitted under the laws of the State of Washington and that if any portion thereof is found invalid, the remainder will continue in full legal force and effect.
HEREBY UNDERSTANDS AND AGREES THAT there are certain inherent risks to participating in the Events, including the risk of property damage and bodily injury including death, and that Participant is voluntarily participating in the Events with full knowledge of the risks involved and ASSUMES FULL RESPONSIBILITY FOR ALL RISKS. Participant expressly acknowledges and agrees that the Events may involve physical activities and that soccer is a physically demanding, contact sport and to the best of their knowledge is able to participate fully in the Events, and is otherwise capable or has requested a reasonable accommodation to so participate. Participant additionally expressly acknowledges and agrees that they may risk a head injury, including a concussion as the result of participating in the Events. Participant also warrants to the Releases that they are physically able to perform the activities asked of them related to participating in the Events, to the best of their knowledge, are in good physical condition and are not physically injured and/or currently under the care of a physician or under the influence of any drugs, including prescription medication, alcohol or marijuana or is aware of any other physical or mental condition or circumstance which would impair or restrict theirTRA ability to participate in the Events. Participant hereby authorizes Seattle Soccer, LLC, MLS, USL, and/or of their respective agents or assignees to provide basic first aid treatment of minor injuries and to direct other medical treatment including authorizing emergency care and emergency medical transport at the Participant’s sole cost and expense.
In addition to the foregoing terms, information collected from you and about Participant is subject to Major League Soccer’s Privacy Policy. Information about our data privacy and security policies can be found by visiting http://www.mlssoccer.com/terms-service and http://www.mlssoccer.com/privacy-policy.
PARTICIPANT ACKNOWLEDGES AND AGREES THAT EXECUTION OF THIS RELEASE AND WAIVER IS A CONDITION PRECDENT TO BEING PERMITTED TO PARTICIPATE IN THE EVENTS. PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER AGREEMENT, and further agrees that no oral representations, statements, or inducement apart from the foregoing agreements have been made.
In connection with participation in the Events (as defined above), Participant may be filmed, videotaped, photographed, or have audio recorded which may include the creation or recordation of content that contains Participant’s voice, likeness or image (collectively known as “Personality Rights”). As their parent or guardian, you have the right to direct use of these Personality Rights and must select one of the following two options with regard to Participant’s Personality Rights as may be captured during the Events:
(Please read and select one of the following Options below)
OPTION A:
AS PARTICIPANT'S PARENT/GUARDIAN, I HEREBY, AUTHORIZE, Seattle Soccer, LLC to capture photographs, video and audio of Participant’s Personality Rights and forever release to Seattle Soccer, LLC the right, to use worldwide in perpetuity, Participant’s Personality Rights, in any form or medium in connection with their participation in the Events, including any derivatives thereof for any current or future Sounders FC promotional, endorsement or publicity purposes in any and all media whether in existence or hereinafter created (collectively, “Media”). All such captured Media, and all right, title and interest thereto shall become the sole property of Sounders FC, and I understand that Participant will not be paid or receive any compensation or notification for the use of Participant’s Personality in Media, including any derivative created therefrom. I acknowledge and agree that this release of Personality Rights pursuant to RCW 62.60.010, and is not a condition precedent to Participant’s participation in the Events.
OPTION B:
AS PARTICIPANT'S PARENT/GUARDIAN, I DO NOT CONSENT TO any capture or use of Participant’s Personality Rights and request that Seattle Soccer, LLC exercise reasonable care to ensure that it does not use Participant’s Personality Rights. I recognize that I have an obligation to ensure that I provide Seattle Soccer, LLC sufficient knowledge to identify Participant in order to comply with my request herein. I further recognize and agree that while every effort may be undertaken to avoid use of Participant’s Personality Rights, in the event that Participant’s Personality Rights are mistakenly captured and used by Seattle Soccer, LLC, upon notification of such error by me, Seattle Soccer LLC shall have an affirmative obligation to remove all improper use of Participant’s Personality Rights within forty eight (48) hours of such notice.
