ASSUMPTION OF RISK, RELEASE AND LIABILITY WAIVER
This Event may involve serious risk of injury. I understand that by signing this form, I am giving up the right to sue if I am injured while participating in this Event.
As lawful consideration for being permitted by Red Bull New York, Inc. and/or any of its affiliated entities, including, without limitation, Red Bull Arena, Inc. (collectively, “Red Bull”) to participate in and/or attend (“Participate”) the USI Peak 2026 to be held on 05/15/2026 (together with all ancillary and related activities, the “Event”), I agree to this Assumption of Risk, Release and Liability Waiver (“Release”) as follows:
1. I Understand And Assume All Risk Involved In Participating In The Event. I, [FIRST NAME] [LAST NAME], am at least 18 years old and have knowledge of what the Event involves. I understand that the Event and related activities may be physically and mentally intense. I understand and accept that Participating in the Event may involve dangerous activities, the danger of encountering known and unknown risks, and significant risk of SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property and/or DEATH (“Injuries”). I represent that I am physically fit, in good health, and have no physical or mental problems that might prevent me from safely participating in the Event, and I am sufficiently trained and experienced enough to understand the risks involved in the Event. I accept and assume full responsibility for all risks associated with the Event, from any cause including, without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, inadequate training, failure to supervise and failure to warn of potential risks. I understand that these risks may be caused by Red Bull, other participants, myself, spectators or other third persons.
2. I Understand Red Bull Can Disqualify And/Or Restrict My Participation. I agree to at all times maintain my behavior in accordance with all applicable laws and generally accepted social practices. I agree that Red Bull has the right, in its sole discretion, to at any time disqualify, remove me from or restrict my participation in the Event or any related activities or decline to award me any prize or other benefit: (i) if my behavior is at any point disruptive, may or does cause damage to person, property or the reputation of Red Bull, or violates any applicable laws or policies; (ii) if based on my past behavior, Red Bull determines that I may be disruptive or cause damage to person, property or the reputation of Red Bull; or (iii) for any lawful reason
3. Liability Waiver, Release And Promise Not To Sue. I, on behalf of myself and each of my successors, heirs and assigns, unconditionally and irrevocably waive liability, release, promise never to sue, forever discharge and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs (collectively, “Claims”), that I may incur or have against Red Bull, its parents, affiliates, Event production companies, landowners/lessors of the Event locations, hosts, sponsors, advertisers and each of their respective owners, officers, shareholders, directors, employees and agents (“Released Parties”), arising from or related to my participation in the Event, including, without limitation, any Claims arising from or related to: (i) the actions or omissions of any of the Released Parties, other participants, spectators or other third parties; (ii) the inadequacy of any training or supervision; (iii) failure to investigate, keep safe or to warn of hazards known or unknown; (iv) any defect in or failure of the operation, installation, manufacture, and/or design of any equipment, stage sets, or wardrobe; (v) the conditions on or about the Event premises; (vi) the breach of any implied or express warranty and/or representation of any of the Released Parties; (vii) transportation; (viii) weather conditions; (ix) COVID-19 or any other pandemic or epidemic diseases; and/or (x) any other operations associated with the Event, and, with respect to each of the foregoing, whether based on tort (including, without limitation, acts of negligence and gross negligence that may be caused by other participants, myself or other third persons), contract or any other theory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise, and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referred to as the “Released Claims”).
4. Waiver of Unknown Claims. I expressly waive whatever benefits I may have under Section 1542 of the California Civil code (and any equivalent applicable law of the State in which this document is signed) which provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.”
5. Indemnity. On behalf of myself and each of my successors, heirs, and assigns, I agree to defend (at Red Bull’s request), indemnify and hold harmless each of the Released Parties from and against any and all Released Claims, and any and all third parties’ Claims, arising from or in connection with: (a) any breach or alleged breach of this Release; (b) my Participation in the Event, including, without limitation: (i) any Injuries to me; (ii) any Injuries to third parties directly or indirectly arising from my Participation in the Event; and (iii) and any other loss or damage that I may directly or indirectly cause to any real or personal property.
6. Consent To Medical Care. I authorize each of the Released Parties to call for medical care for me or to transport me to a medical facility at my expense if medical attention is needed. I also authorize any physician or other medical provider or facility to provide any emergency medical/surgical care. I acknowledge and agree that none of the Released Parties is under any legal obligation to render assistance to me.
7. Red Bull Owns The Exclusive Right To Use My Name And Likeness From This Event. I irrevocably grant to Red Bull, its affiliates, and each of their licensees, successors and assigns, and each of the authorized photographers acting on their behalf, without additional compensation, the unrestricted right to videotape, film, portray and photograph me and my actions and record my voice and other sound effects while I am present at the Event. I irrevocably grant to Red Bull and its affiliates the exclusive right to use my name, image, likeness, voice and biography for any purpose and in any manner, including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the Event, and any entertainment programming related thereto, in whole or in part, in all media and by all means now known or hereafter devised and in all languages, throughout the universe in perpetuity. My Participation in the Event along with any pictures, video footage or other recordings I may capture while participating in practice for or competition during the Event, including, without limitation, any footage captured with a “POV” camera regardless of its origin (the “Proceeds”) will be deemed a “work-made-for-hire” specially commissioned by Red Bull within the meaning of all applicable laws and, accordingly, Red Bull and its affiliates will be the sole and exclusive owner thereof for all purposes. To the extent necessary to vest all of the rights in the Proceeds in Red Bull and its affiliates, I hereby irrevocably assign to Red Bull and its affiliates all of my right, title and interest of every kind or nature which I may have or hereafter acquire in the Proceeds. If I receive any print, negative, tape or other copy of the Proceeds or the Event, I will retain it for my personal use only, and will not license or authorize its use by anyone else for commercial or private purposes.
8. New York Law Applies. This Release shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to the principles of conflicts or choice of laws.
9. Arbitration. I unconditionally and irrevocably agree on behalf of myself and each of my successors, heirs, and assigns that, all disputes arising out of or relating to this Release or to the Claims, including without limitation, all claims based in contract or tort, shall be submitted to arbitration and resolved by a single arbitrator (who shall be a retired judge) in accordance with the Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. In addition, all questions regarding the arbitrability of the dispute, including whether I have agreed to arbitrate the dispute, shall be decided by such arbitration. I acknowledge and understand that by agreeing to resolve any and all such disputes by arbitration, I am giving up and waiving my right to file a lawsuit in court and have such dispute(s) resolved by a judge or a jury. All arbitration shall take place at the JAMS office located in or closest to Harrison, New Jersey. I irrevocably and unconditionally consent to personal jurisdiction in New Jersey and venue in Hudson County, in any action, including without limitation, petitions to compel arbitration and to enforce that arbitration award, concerning a dispute between the parties or relating to this Release. Judgment on the arbitrator's award shall be final and binding, and may be entered in any competent court.
10. Red Bull Privacy Policy. Red Bull’s Privacy Policy applies to your participation in the Event, and its terms are made a part of this Release by this reference. To view Red Bull’s Privacy Policy, visit https://www.mlssoccer.com/privacy-policy.
11. Severability. This Release will be binding to the fullest extent permitted by law, and will be binding upon each of my heirs, successors and assigns. If any provision of this Release be held to be invalid, illegal or unenforceable, such provision will be curtailed and limited only to the minimum extent necessary to comply with applicable law, and the validity, legality, and enforceability of the remaining provisions of this Release will not in any way be affected or impaired thereby.
I acknowledge and understand that this Release is an important legal document, and by signing this document I am waiving substantial legal rights I may otherwise have to recover damages for Injuries or losses, and sign it voluntarily and without inducement of any nature and intend for it to be enforced to the greatest extent allowed by law. I am 18 years of age or older.