PARTICIPANT WAIVER AND RELEASE (MIAMI CAMPS)
This Waiver and Release (“Waiver”) is made by the undersigned (the “Adult”), on behalf of (the “Minor”), in favor of FCB North America, LLC (“FCBNA”) and each of the other Released Parties (as defined below).
I. ACKNOWLEDGMENTS BY THE ADULT(S)
By signing this document, the Adult hereby represents and warrants as follows:
1. The Adult is over the age of 18.
2. The Adult is the parent or legal guardian of the Minor, and the Adult is authorized to and does execute this Waiver on behalf of any and all parents and legal guardians of Minor.
3. The Minor is in good health and physical condition and able to fully participate in the activities of the soccer academy known as BARÇA ACADEMY PRO, organized by FCBNA, related to the practice of soccer, including camps, training sessions, tournaments and any other activities (hereinafter, “Academy Program”).
4. The Minor shall be bound by and comply with the rules, regulations and policies established by FCBNA and/or any other Released Party, as defined below, in each case related to the Academy Program (as it may be updated, amended, modified, restated or replaced from time to time, the “Academy Program Rules”). The Adult acknowledges and agrees (individually and on behalf of Minor), that the Adult has reviewed all Program Rules as in effect on the date hereof.
5. The Adult hereby agrees on behalf of the Minor, that the Minor shall (i) conduct himself/herself in a safe and prudent manner, and will exercise extreme caution, when participating in the Academy Program and (ii) obey all reasonable instructions of FCBNA and its staff during or related to the Academy Program.
II. RELEASE CONCERNING INFORMATION, LIKENESS AND PERSONALLY IDENTIFIABLE INFORMATION
A. AS TO THE MINOR:
1. The Adult acknowledges, understands, and agrees that during the Minor's participation in the Academy Program, FCBNA will be able to, either on its own account or by third parties authorized by it, record, capture and make photographic, audiovisual and/or audio reports of the Minor, alone or together with others, and the Adult agrees that all rights in such photographic, audiovisual and/or audio reports including, but not limited to, rights of sale, reproduction, use and distribution, will be owned by FCBNA and that FCBNA and/or any other Released Party may make whatever use of such photographic, audiovisual and/or audio reports as they may desire throughout the world in perpetuity in all media now or hereafter known or devised (offline or online, including, among others, websites, social networks, television, etc., as well as exhibition spaces or museums), subject to certain limitations as may be set forth herein in the event that a Minor is under 13 years of age. The Adult hereby grants to each Released Party (as defined below) the irrevocable and unconditional right to disseminate, reproduce, record, exhibit, print and publish the Minor's name, likeness, image, voice, performance and biographical material (collectively, the “Likenesses”) for any purpose, including advertising such Released Party’s products, assets, services and facilities, subject to certain limitations as may be set forth herein in the event that a Minor is under the age of 13. The Adult acknowledges and agrees that FCBNA shall retain all revenues from the exploitation of the foregoing and neither the Adult nor the Minor shall receive nor will claim any royalties or compensation therefor, now or in the future.
2. The Adult hereby disclaims, on behalf of the Minor, any right to privacy related to the use of such Likenesses and acknowledges that FCBNA will be deemed the sole and exclusive owner thereof for all purposes hereunder and no such Likenesses will be submitted to the Adult and/or to the Minor for approval prior to any use by any Released Party. The Adult also hereby waives, on behalf of the Minor, all claims, counterclaims, rights, demands, actions and causes of action, foreseen or unforeseen, actual or potential, arising out of, or in any way related to, use by FCBNA and/or any Released Party of such Likenesses.
B. AS TO ANY MINOR UNDER THE AGE OF 13
1. In accordance with the Children’s Online Privacy Protection Act, parents and legal guardians of children under 13 years of age must consent to certain collections, uses and disclosures of the personally identifiable information of such children by a website or certain other electronic media. Accordingly, by signing below the Adult is consenting to and authorizing FCBNA and/or each Released Party to do the following:
a) Display the Minor’s photograph on its website and on the website of any third party with which any Released Party has a business relationship;
b) Include, with such photograph, each Minor’s name, school or soccer club affiliation and hometown, but not his or her specific street address; and/or
c) Produce, in conjunction with sponsors of any Released Party, “trading cards” which include any or all the items set forth in (a) and (b) above.
2. The Adult understands and agrees that FCBNA and each Released Party may collect, use and disclose any of Minor’s personally identifiable information provided by the Adult to FCBNA in connection with the uses authorized above, and that the Adult’s verifiable consent thereto is provided by the Adult’s signature on the signature page attached hereto.
III. ASSUMPTION OF RISK AND RELEASE, AND COVENANT NOT TO SUE
1. The Adult acknowledges and agrees, on behalf of the Minor, that participating in the activities related to the Academy Program can be dangerous, involve both known and unknown risks that may result in mental stress, emotional distress and serious bodily injury such as (i) falls and contacts with other participants, (ii) the effects of weather including heat and or humidity, and the conditions of the training grounds and facilities, (iii) risks of exposure to directly or indirectly arising out of, contributed to, by, or resulting from an outbreak of any and all communicable disease, including but not limited to, the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof.
2. The Adult assumes the risk of all injuries to the Minor that may result from participating in the activities related to the Academy Program. The Adult agrees that the Minor’s participation in the Academy Program shall be deemed an acknowledgment that the facilities where the Academy Program take place are safe and suitable for his/her participation in the Academy Program. The Adult agrees to comply with the stated and customary terms and conditions for participation established by FCBNA as regards protection against infectious diseases. If, however, any unusual or significant potential hazard during the Minor’s presence or participation in the Academy Program occurs, the Minor will be authorized to remove himself/herself from participation and bring such to the attention of the nearest member of FCBNA staff immediately.
3. The Adult authorizes and gives permission to the staff of FCBNA to seek appropriate emergency medical or surgical treatment considered necessary by FCBNA, any other Released Party and/or any medical authorities present or consulted during a medical emergency. The Adult also authorizes the release of any protected health information regarding the Minor by any medical provider to FCBNA and other medical providers and insurance companies for the purposes of treatment, payment or other healthcare options. The Adult agrees to be financially responsible for the cost of all such medical assistance and/or treatment, except for that covered by FCBNA's excess medical coverage policy.
4. The Adult on behalf of the Minor, and his/her respective family members, heirs, executors, administrators, agents and assigns (the “Releasors”), hereby waives, releases, acquits and forever discharges each of (i) FCBNA and each of its affiliates, subsidiaries and parent entities (collectively referred to as “FCB”), (ii) all owners of any facilities that host the Academy Program (“Facility Owners”) and (iii) all present and past officers, directors, principals, investors, managers, members, partners, equity holders, employees (including, without limitation, coaches), agents, representatives, administrators, executors, trustees, predecessors, successors, licensees, attorneys, and assigns of each of FCB and the Facility Owners (i), (ii), and (iii) together, the “Released Parties”) from any and all claims, rights, demands, causes of actions, liabilities, damages, fees, charges, losses, settlements, debts, expenses, obligations and remunerations of any and all kinds of any nature and character whatsoever, known or unknown, whether or not due to negligence, suffered by the Minor as a result of, or in any manner related to, directly or indirectly, his/her participation in the Academy Program (“Released Claims”).
THE ADULT ON BEHALF OF THE MINOR, AND EACH RELEASOR, HEREBY RELEASE AND HOLD HARMLESS RELEASED PARTIES, WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INCIDENT TO THE MINOR’S INVOLVEMENT OR PARTICIPATION IN THE ACADEMY PROGRAM, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
5. THE ADULT, INDIVIDUALLY AND ON BEHALF OF ANY RELEASOR, AGREES THAT NO RELEASOR SHALL SUE THE RELEASED PARTIES WITH RESPECT TO ANY RELEASED CLAIM. THE ADULT UNDERSTANDS THAT THE GRANTING OF THE FOREGOING RELEASE AND COVENANT NOT TO SUE IS AN EXPRESS CONDITION OF PARTICIPATION IN THE ACADEMY PROGRAM.
6. THE ADULT ACKNOWLEDGES AND AGREES THAT THIS WAIVER IS INTENDED TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY, WHETHER KNOWN OR UNKNOWN, TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREES THAT IF A PORTION OF THIS ACKNOWLEDGEMENT, RELEASE, DISCHARGE AND INDEMNIFICATION IS HELD TO BE INVALID, THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT.
7. THE ADULT HAS READ AND FULLY UNDERSTANDS THIS WAIVER. THE ADULT ACKNOWLEDGES AND AGREES THAT NO REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO ENCOURAGE HIM OR HER TO ENTER INTO THIS WAIVER AND THAT HE OR SHE IS DOING SO VOLUNTARILY.
IV. INDEMNIFICATION
The Adult hereby agrees to indemnify and hold each of the Released Parties harmless from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs and expenses (including attorney’s fees) suffered by a Released Party as a result of, or in any manner related to, directly or indirectly, participation in the Academy Program by the Minor.
V. MISCELLANEOUS
1. GOVERNING LAW: This Waiver shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or that would cause the application of the laws of any jurisdiction other than those of the State of Florida. Any legal suit, action, or proceeding arising out of or related to this Waiver or the transactions contemplated hereby shall be instituted exclusively in the federal courts of the United States of America or the courts of the State of Florida in each case located in the city of Miami and County of Miami-Dade, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
2. SEVERABILITY: If any provision of this Waiver, or the application thereof to any person or circumstances, is found to be invalid or unenforceable to any extent, the remainder of this Waiver and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Waiver shall be valid and enforceable to the fullest extent permitted by law.
3. ENTIRE AGREEMENT: This Waiver embodies the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings relating to the subject matter hereof. No statement, representation, warranty, covenant, or agreement of any kind not expressly set forth in this Waiver will affect, or be used to interpret, change, or restrict, the express terms and provisions of this Waiver.