2025 RED BULL NEW
YORK, INC. PARTICIPANT AGREEMENT AND WAIVER
Event(s):
09/27/2025 New
York Red Bulls On-site Activation
Description
of Activities:
Participate
in Teqball within Old Spice’s Activation footprint
Location:
BULLevard /Club Fanfest / 600 Cape
May St, Harrison, NJ 07029
Date(s)
of Event: September 27, 2025
IMPORTANT
NOTICE: THIS AGREEMENT AND WAIVER (THE
“AGREEMENT”) CONTAINS RELEASES, CONSENTS, AND A BINDING ARBITRATION PROVISION
AND WAIVER OF CLASS ACTION RIGHTS.
PLEASE REVIEW THIS AGREEMENT CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS
AND OBLIGATIONS, AND/OR THE LEGAL RIGHTS AND OBLIGATIONS OF A PARTICIPANT UNDER
THE AGE OF EIGHTEEN (18) ON WHOSE BEHALF YOU ARE EXECUTING THIS AGREEMENT.
In
consideration for participation in and attendance at the Event, the receipt and
sufficiency of which is hereby acknowledged, the Participant consents and agrees to participate in the Event and to
the following terms:
1. Publicity
Release. Participant consents to being recorded, photographed, and
videotaped in connection with the Event, and hereby irrevocably and perpetually
authorizes Soccer United Marketing, LLC, Major League Soccer, L.L.C. (“MLS”),
MLS Media partners (e.g., Apple Inc.), the members of MLS and each of the MLS
teams operated by them, including, but not limited to, Red Bull New York,
Inc and Red Bull Arena, Inc. (together,
“New York Red Bulls”), and each of their respective direct and
indirect affiliates, subsidiaries, members, clubs, teams, companies,
administrators, designees, licensees, agents, owners, officers, directors,
employees, sponsors, media partners, designees, invitees, agents, contractors
(and all employees of such contractors), broadcasters and other media outlets,
and other personnel (collectively, the “Released Parties”) to copyright
and make derivative works from, publish, reproduce, exhibit, transmit,
broadcast, televise, license, digitize, display, use, and/or permit others to
use (i) the Participant’s name, image, biographical information, likeness, and
voice, and (ii) all photographs, recordings, videotapes, audiovisual materials,
depictions, writings, statements, and quotations of or by the Participant
obtained in connection with the Event (collectively, the “Materials”),
worldwide, in any manner, form, or format whatsoever now or hereinafter
created, including, but not limited to, on television, the Internet and in
social media, and for any lawful purpose without payment to the Participant or
consent beyond this Agreement, including, the advertising or promotion of the
Released Parties and/or the Event. The Participant understands that the
Released Parties are under no obligation to use the Materials. Participant
agrees all statements made by the Participant in the Materials will be true and
correct, and that all of the Materials, and all films, audiotapes, videotapes,
reproductions, media, plates, negatives, photocopies, and electronic and
digital copies of the Materials are the sole property of Major League
Soccer, L.L.C, as applicable. Participant further agrees not to contest the
rights or authority granted to the Released Parties hereunder. The Participant
hereby waives any moral rights to the Materials and right to inspect, edit or
otherwise approve the recordings, and modes of the use thereof as described
above.
2. Assumption
of Risks.
There are inherent risks that come with participating in the Event. Inherent risks are risks that cannot be
eliminated completely regardless of the care and precautions taken. For example, the Event may test
Participant’s physical limits, which creates an inherent risk of physical
injury. Other inherent risks include
contact or collision with other persons or objects, head injury, inadequate or
negligent first aid or emergency measures, weather-related hazards, and natural
hazards. Participant understands and
acknowledges that any of these risks, and others not specifically listed here,
could cause injuries that may be minor (for example, scrapes, bruises, sprains,
nausea, cuts), serious (for example, property loss or damage, broken bones,
fractures), or catastrophic (for example, rare occurrences of permanent
disabilities or death, and loss of income and/or career opportunities). Participant accepts that he or she has
personal responsibility for any and all costs and expenses, damages, liability,
and other losses that Participant, Parent/Guardian, or any Releasors
(hereinafter defined) may incur in connection with the foregoing risks. Without
limiting the foregoing, Participant assumes the risk of all conditions and
consequences, dangerous or otherwise, arising from Participant’s participation
in the Event. Participant understands
that by participating in the Event, Participant may be exposed, or expose
others, to contagious and potentially harmful or deadly diseases, including,
but not limited to, influenza, common cold, chicken pox, meningitis, measles,
or COVID-19. Participant may also be
exposed to risks through exposure to large crowds and exposure to risks related
to receipt of treatment for any physical or mental conditions. Participant voluntarily assumes all of these
and other associated risks and accepts personal responsibility for any and all
damages, liability, and other losses that he or she or any of his or her
Releasors may incur in connection with the foregoing risks. Participant
voluntarily assumes all of these and other associated risks and accepts
personal responsibility for any and all damages, liability, and other losses
that he or she or any of his or her Releasors may incur in connection with the
foregoing risks. Participant
acknowledges that Participant’s participation in the Event is without
assumption of responsibility or risk of any kind by the Released Parties, and
the Released Parties make no representations or warranties of any kind with
respect to Participant’s participation. Participant (x) understands the nature
of Event, (y) understand the demands of those activities relative to the
physical condition and skill level of Participant, and (z) appreciate the types
of injuries, illnesses, and risks related to Participant’s participation in the
Event and the treatment for any physical or medical condition which may occur
as a result of participation in the Event.
Participant hereby asserts that participation in the Event is voluntary
and that Participant knowingly assumes all related risks.
3. Release. In consideration of Participant being able to participate in the
Event, Participant does hereby knowingly, voluntarily, unconditionally,
irrevocably, and forever releases, waives, and discharges (and covenants not to
sue) the Released Parties of and from any and all claims, suits, actions,
causes of action, liabilities, demands, damages, losses, judgments, debts,
dues, payments, sums of money, liens, executions, responsibilities and
accounts, costs, or expenses, of any nature whatsoever, including in law or
equity, contingent or non-contingent, known or unknown, suspected or
unsuspected, foreseen or unforeseen, matured or unmatured, accrued or
unaccrued, asserted or unasserted, liquidated or unliquidated, whether past,
present, or future, in any way relating to or arising from Participant’s
participation in the Event (including use of the Materials and Art (hereinafter
defined)) (“Claims”), even if the risks and
liabilities that Participant is releasing by this Agreement arise (A)
out of the ordinary negligence or
carelessness, whether active
or passive, of one or more of the Released
Parties, or
(B) from any hidden, latent, or obvious
defects in any of the facilities or equipment
used, of one or more of the Released
Parties, which Participant has, owns, or holds,
either now or at any time, against the Released
Parties. Without limiting the
generality of the foregoing, this waiver and release includes, but is not
limited to, (1) Claims relating to personal injury, illness, or death; (2)
damage to, or loss or theft of, property (including, but not limited to,
personal items, cars, and money); (3) the receipt of medical care or treatment
for any physical or mental condition (which shall be at Participant’s own
expense); (4) use of facilities, services, premises, and equipment, and related
lost earnings; (5) exposure to inclement weather; and (6) involvement in accidents of any kind.
Participant further covenants, promises and agrees not now or at any
time in the future, directly or indirectly, to sue or bring any action against
the Released Parties for any Claims which are covered by the waiver and release
set forth in this paragraph, including without limitation all Claims arising
under the tort laws of any state and extends to all damages (including without
limitation short and/or long-term effects of such injury and death) whenever
arising, but it shall not apply to Claims arising solely from the gross
negligence or willful misconduct of Released Parties or any Releasee. Participant
acknowledges that Participant may later discover claims or facts in addition to
or different from those which the Participant now knows or believes to exist
with regards to the subject matter of this Agreement, and which, if known or
suspected at the time of executing this Agreement, may have materially affected
its terms. Nevertheless, Participant
waives any and all Claims that might arise as a result of such different or
additional claims or facts. Participant acknowledges and understands that the waiver
in this Section is binding on Participant’s heirs, next of kin, personal
representatives, successors, assigns, and other persons acting or purporting to
act on Participant’s or the foregoing parties’ behalves (collectively, the
“Releasors”). Nothing herein shall
release a Claim that cannot be released under applicable law (e.g., a minor
Participant’s right to a personal injury claim under Texas law).
With
respect this Release, Participant waives any and all legal rights (including
statutory rights) to the extent such rights conflict with such Release,
including without limitation all rights pursuant to Section 1542 of the Civil
Code of the State of California (to the extent applicable), and understand and
acknowledge the significance and consequences of the waiver of Section 1542,
which states:
A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY
4. Acknowledgments.
Participant acknowledges that the following statements are true and accurate
and that no Releasees can be held responsible in any way if they are not: (i)
Participant has consulted with Participant’s own doctor to ensure that his or
her participation in the Event will not pose any unusual risks to his or her
health and well-being; (ii) Participant is in good condition physically and has
not been advised or cautioned against participation in the Event by his or her
doctor or any other medical practitioner; and (iii) Participant is covered by
medical insurance. Participant
authorizes the Releasors to secure emergency medical care or transportation
(e.g., EMS) for Participant when deemed necessary by the Releasors at the sole
cost of Participant. Participant
acknowledges and agrees that: (i) Participant shall not be entitled to any
compensation for Participant’s appearance at the Event or subsequent use of
Participant’s appearance in the Materials,
(ii) Participant has and will refrain from any offensive or distasteful
remarks or conduct and will conduct
himself/herself in a courteous and professional manner at all times
during Participant’s participation at the Event and appearance in the Materials
and after, and (iii) this Agreement is intended to be as broad and inclusive as
permitted by applicable law.
5. Publication
and Assignment of Rights. By participating in the Event,
Participant agree to assign all right, title, and interest, including copyright
rights, in any works of art created at or in connection with the Event by
Participant (including any works of art created prior to the Event for
inclusion therein) (the “Art”) to MLS as applicable, and grant
permission for the Released Parties to publish or publicize all or part of the
Art in any and all media now known or hereafter developed and in all tangible
and non-tangible uses, worldwide in perpetuity, without notice or permission
and without further compensation, except where prohibited by law. Participant agrees that his or her Art is an
original work of authorship and he or she owns all right, title and interest in
the Art. If the Art contains any material or elements that are not owned by
Participant, feature identifiable third persons and/or which are subject to the
rights of third parties, Participant represents, warrants and covenants that he
or she has obtained, prior to the Event, any and all releases, licenses and
consents necessary to permit the use and exhibition of the Art by the Released
Parties. Participant agrees not to
contest the rights or authority granted to any of the Released Parties
hereunder. The Participant hereby waives any moral rights to the Art and the
right to inspect, edit or otherwise approve the use thereof.
6. Indemnification.
Participant hereby forever releases, indemnifies and holds harmless the
Released Parties from any and all present and future claims, actions, damages,
liabilities, costs, or demands whatsoever (including reasonable attorneys' fees
and court costs) arising out of or in connection with (i) any breach of this
Agreement, (ii) any personal or property right or personal injury arising out
of Participant’s participation in the Event (including in connection with those
activities that Participant has acknowledged and assumed risk under this
Agreement and/or which is covered by the waiver and release under this
Agreement, and (iii) the exercise of the rights related to the Art and/or
Materials by the Released Parties, including any defamation (including libel
and slander), invasion of privacy, right of publicity, copyright infringement,
trademark infringement or any other personal or property rights from or related
to any use of the Art and/or Materials.
7. Representations.
Participant represents, covenants and warrants that Participant has the full
right, power, and authority to sign this Agreement and will adhere to all
guidelines associated with the Event. Participant further acknowledges it is
not a member of any collective bargaining organization, including, but not
limited to, the Screen Actors Guild or the American Federation of Television
and Radio Artists.
8. Data. By participating in
the Event, Participant understands that Released Parties may collect the
following categories of personal information related to Participant’s
participation and waiver: name, contact information and other Identifiers,
including your name address, email, phone number and other contact
information. Participant understands
that the Released Parties will generally use and disclose this information for
the following business and commercial purposes:
• Administering the Released
Parties’ events and maintaining business records related to Released Parties’
events and otherwise in support of Released Parties’ general business
operations;
• Contacting Participant regarding
the Event;
• For security, safety and public
health purposes; and
• As otherwise necessary to comply
with a legal obligation or respond to law enforcement requests.
For more
information about the collection, use and disclosure of personal information
and MLS’s overall privacy practices, please review MLS’s Privacy Policy,
available at https://www.mlssoccer.com/privacy-policy.
9. Agreement
to Arbitrate/Class Action Waiver. PLEASE READ THIS SECTION
CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST
DISPUTES THROUGH INDIVIDUAL ARBITRATION. ARBITRATION IS MORE INFORMAL THAN A
LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY
IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY
LIMITED REVIEW BY A COURT. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A
WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED,
PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
In the event of a
dispute between Participant and MLS arising out of or relating in any way to
this Agreement or the subject matter of this Agreement,, Participant agrees to
engage in good faith efforts to mediate that dispute. Any agreement reached
will be formalized by a written contractual agreement at that time. Should the
issue not be resolved by mediation, Participant agrees that such dispute shall
be finally and conclusively resolved by confidential arbitration in the State
of New York under the Arbitration Rules of the American Arbitration Association
(“AAA”) then in effect, by a single arbitrator who shall apply New York law to
the dispute, regardless of any conflict of law principles. The cost of such action shall be shared
equally by the parties. The arbitrator’s
decision shall be final and binding and shall not be subject to judicial
review. The arbitrator shall be
empowered to grant whatever relief would be available in a court under law or
in equity, and judgment on any arbitration award may be entered by any court
having jurisdiction. The arbitrator, and
not any federal, state, or local court or agency, shall have exclusive
authority to resolve any dispute arising out of or relating to the interpretation,
applicability, enforceability or formation of this agreement to arbitrate or
any part of it, including but not limited to any disputes pertaining to whether
this agreement to arbitrate is void or voidable, whether a claim is subject to
arbitration, and any dispute regarding the payment of administrative or
arbitrator fees.
The Parties hereby
knowingly, voluntarily, and intentionally waive (to the fullest extent
permitted by applicable law) any right they may have to a trial by jury of any
dispute arising out of or relating in any way to this Agreement or the subject
matter of this Agreement. The Parties
further agree that, if and to the extent this agreement to arbitrate is held
not to apply to any claim, that claim will be tried in a court of competent
jurisdiction before a judge sitting without a jury. Participant agrees that all claims must be
pursued on an individual basis only and not as a plaintiff or class member in
any purported class, representative, or private attorney general action whether
in arbitration or litigation, and the parties expressly waive their right to
file a class action or seek relief on a class or collective basis. Unless MLS
agrees otherwise in a separate writing, the arbitrator may not consolidate or
join more than one person’s or party’s claims and may not otherwise preside
over any form of a consolidated, representative, class, or private attorney
general action or proceeding. If, after
exhaustion of all appeals, any of the prohibitions in this Agreement on
non-individualized injunctive or declaratory relief and class, collective,
consolidated, private attorney general, or representative proceedings are found
to be unenforceable with respect to a particular claim or request for relief,
then such a claim or request for relief will be decided by a court of competent
jurisdiction, after all other claims and requests for relief are arbitrated.
10. Severability. If any
of the terms set forth in this Agreement are deemed to be invalid, illegal,
unethical, or unenforceable, this shall not affect the legality, validity, and
enforceability of the remaining terms of this Agreement, which shall remain in
force. Only those terms deemed to be
illegal, unenforceable, unethical, or invalid shall be deemed not to be part of
this Agreement.
Name:
Date
of Birth:
Address:
City:
State:
Zip:
Phone:
Email:
Signature:
Date:
IF LESS
THAN 18 YEARS OF AGE PARENT/GUARDIAN MUST COMPLETE: I affirm
that I am the parent or legal guardian of the above individual and I have the
authority to give this authorization to his/her signing and consent of the
above Agreement which I have read and approve. I agree to indemnify and hold harmless the Released
Parties from and against any liability arising out of any claim of any
invalidity of this affirmation.
Name:
Date
of Birth:
Address:
City:
State:
Zip:
Phone:
Email:
Signature:
Date: