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ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY

By attending events and/or related activities (an “Event” or the “Events”) involving the Professional Women’s Hockey League (the “PWHL”) and/or players from its member teams, you are agreeing on your behalf and on behalf of those in your care (individually and collectively, “Participants”) to be bound by the terms of this Assumption of Risk, Waiver and Release of Liability (the “Release”), INCLUDING THE WAIVER OF LEGAL RIGHTS.  As used herein, “Organizers” means the entities and/or individuals involved in the organization and/or operation of the Events, and their respective representatives and agents. In consideration of Participants being allowed to attend the Event, Participants agree as follows:

  1. Attendance at the Event is voluntary and solely for enjoyment. Participants can decide not to attend an Event or withdraw from their attendance at an Event at any time.  No compensation will be due to any Participant or any of their parents, heirs, executors, administrators, next of kin, successors or assigns for any reason relating to any activities occurring during or arising out of any Event.
  2. Activities in connection with the Events may present a significant risk of damage to property and/or personal injury, including death. Participants assume all risk in connection with any Events, including specifically (but not exclusively) the risk of injury by objects, and any other incidents or accidents associated with crowds of people, other participants, personnel, or spectators or the negligence or misconduct of any party or individual, or use of or participation in any attractions or activities at any of the Events.
  3. Participants assume all risk of being exposed to or contracting a Communicable Disease (as defined below), during or in connection with attendance at any of the Events. By attending any Event and/or participating in any activities relating to any Event, Participants are expressly assuming the risk of being exposed to a Communicable Disease and the associated dangers, medical complications (including death), and physical and mental injuries, both foreseen and unforeseen, that may result from contracting a Communicable Disease.  A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other airborne, aerosolized, or surface transmissible communicable and/or infectious diseases, viruses, bacteria, or illnesses, or the causes thereof.
  4. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANTS AGREE TO INDEMNIFY, RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS (I) THE ORGANIZERS, (II) THE PWHL (COMPRISED OF PWHL LEAGUECO US LP, PWHL HOCKEY LEAGUE CANADA ULC, PWHL ENTERPRISES US LP, PWHL HOCKEY ENTERPRISES CANADA CORP. AND PWHL LLC, AND EACH AND ALL OF THEIR AFFILIATED ENTITIES, OWNERS, EMPLOYEES AND OTHER REPRESENTATIVES), (III) ANY AND ALL FACILITY OWNER/OPERATORS OF THE FACILITIES IN WHICH ANY ASPECTS OF THE EVENTS TAKE PLACE, (IV) ANY AND ALL LICENSEES, DESIGNEES, SPONSORS, AND MEDIA PARTNERS OF THE PWHL AND/OR THE ORGANIZERS AND/OR THE FACILITY OWNER/OPERATORS, AND (V) THE RESPECTIVE AFFILIATES, OWNERS, MANAGERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIVES OF ANY OF THE FOREGOING (collectively, the “Indemnified Parties”), of and from all manner of action or actions, cause or causes of action, at law or in equity, suits, claims, demands, damages, liability, lost cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter referred to as “Claims”), that any Participant may have or hereafter have against the Indemnified Parties by reason of any property damage or personal injury, including death, occurring as a result of or incident to (i) the Indemnified Parties’ negligence (whether active or passive, but not including gross negligence or willful misconduct), (ii) attendance at an Event and/or participation in any activities associated therewith, and/or (iii) any and all risks assumed hereunder, including, without limitation, exposure to or contraction of a Communicable Disease and the risk of personal injury.  PARTICIPANTS FURTHER COVENANT NOT TO SUE OR OTHERWISE PURSUE ANY FORM OF RECOVERY OR LEGAL ACTION, INCLUDING ARBITRATION, AGAINST ANY OF THE INDEMNIFIED PARTIES ARISING FROM OR RELATING TO ANY CLAIM.
  5. Participants agree that if anyone acting on any Participant’s behalf, commences, joins in, or in any way seeks relief through any action or proceeding arising out of, based upon, or relating to any of the Claims released hereunder, or in any way assert against the Indemnified Parties any of the Claims released hereunder, then Participant will be responsible for payment to the Indemnified Parties, in addition to any other damages caused to the Indemnified Parties thereby, for all attorneys’ fees incurred by the Indemnified Parties in defending or otherwise responding to said action, proceeding, and/or Claims.
  6. The Participants authorize and grant the Organizers, PWHL, and each of their respective sponsors, licensees, designees, media partners, and/or anyone authorized by or acting on behalf of the Organizers or PWHL (collectively, the “Authorized Parties”), the non-exclusive, transferable, sublicensable, and assignable right to use, reproduce, publish, and/or depict the Participants’ names, voices, words, images, likenesses, and/or biographical information (collectively, the “Images") in any manner that the Authorized Parties determine, in all media, worldwide, in perpetuity, without any additional consideration, in and in connection with the production, distribution, marketing, promotion, advertisement, packaging, sale, publication, exhibition, display, and/or exploitation of the Event, the Organizers, the PWHL and/or its member teams, the other Authorized Parties, and/or any products, merchandise and/or goods, including, without limitation, in any and all print and/or digital advertisements, websites, social media posts, broadcasts, telecasts, and/or other retransmissions of or regarding any Event, the Organizers, the PWHL and/or its member teams, the other Authorized Parties, and/or any products, merchandise and/or goods. In addition, in connection with the use of the Images, the Participants hereby release and waive any action or cause of action that may be asserted in connection with the use of the Images, including, but not limited to, any Claims for invasion of privacy, defamation, violation of any right of publicity, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast, or exhibition of advertisements, promotions, content, programs and/or materials in which the Images appear.
  7. ALL PARTICIPANTS UNDERSTAND THAT BY AGREEING TO THIS RELEASE, THEY ARE GIVING UP ANY RIGHTS TO SUE THE INDEMNIFIED PARTIES AND/OR TO SEEK COMPENSATION FROM THE INDEMNIFIED PARTIES FOR ANY INJURIES OR DAMAGES THAT MAY BE INCURRED AS A RESULT OF THE ACTIVE OR PASSIVE NEGLIGENCE (BUT NOT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF THE INDEMNIFIED PARTIES, ATTENDANCE AT ANY EVENT, AND/OR ANY AND ALL RISKS ASSUMED BY PARTICIPANTS HEREUNDER, INCLUDING, WITHOUT LIMITATION, EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE DISEASE.
  8. If any provision of this Release shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Release shall be construed as if such invalid or unenforceable provision were omitted.
  9. This Release shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of New York in the United States.