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ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY
By attending any games and/or related activities (an “Event” or the “Events”) staged by the Professional Women’s Hockey League (the “PWHL”) for its participating teams having operations in Canada (Montreal, Quebec; Ottawa, Ontario; and Toronto, Ontario) and in the United States (Massachusetts, New York and Minnesota), 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. In consideration of the PWHL allowing the Participants to attend the Event, Participants agree as follows:
- 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.
- Activities in connection with the Events may present a significant risk of personal injury and/or damage to property. Participants assume all risk incidental to the game of hockey and/or otherwise in connection with any Events, including specifically (but not exclusively) the risk of injury by objects including but not limited to hockey sticks, pucks and other equipment, and any other incidents or accidents associated with crowds of people or the negligence or misconduct of other participants or spectators, or use of or participation in any attractions or activities at any of the Events.
- 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.
- TO THE FULLEST EXTENT PERMITTED BY LAW, Participants AGREE TO INDEMNIFY, RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS (i) the PWHL, including ITS MEMBER TEAMS AND PLAYERS AND (II) ANY AND ALL VENUES IN WHICH THE EVENTS TAKE PLACE INCLUDING, WITHOUT LIMITATION, THOSE CURRENTLY REFERRED TO AS MATTAMY ATHLETIC CENTRE (TORONTO, ONTARIO), TD PLACE (OTTAWA, ONTARIO), VERDUN AUDITORIUM (MONTREAL, QUEBEC), PLACE BELL (MONTREAL, QUEBEC), TOTAL MORTGAGE ARENA (BRIDGEPORT, CONNECTICUT), UBS ARENA (ELMONT, NEW YORK), TSONGAS CENTER (LOWELL, MASSACHUSETTS), XCEL ENERGY CENTER (ST. PAUL, MINNESOTA), AND ALL OF THEIR RESPECTIVE AGENTS, LICENSEES, SPONSORS, MEDIA PARTNERS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES (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 personal injuries or property damage 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. 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.
- 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.
- The Participants authorize and grant the PWHL and/or anyone authorized by or acting on behalf of the PWHL, the non-exclusive, transferable, sublicensable, and assignable right to use, reproduce, publish, and/or depict the Participant’s name, voice, words, image, likeness, and/or biographical information (collectively, the “Images”) in any manner that the PWHL determines, 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 and/or the PWHL and/or its member teams, 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 and/or the PWHL and/or its member teams. In addition, in connection with the use of the Images, the Participant hereby releases and waives 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.
- 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.
- 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.
- 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.