2018 Holiday on Ice Consent/Release
In consideration of the opportunity to participate in the in the WBT/WLNK/WFNZ Holiday on Ice and related activities (including ice skating) being held at the NASCAR Hall of Fame Ceremonial Plaza (collectively, the “Event”), I, the undersigned (“I” or “Participant”), hereby irrevocably acknowledge, agree and consent to the following:
- Participant acknowledges and agrees that Entercom North Carolina, LLC, d/b/a WBT-AM/FM, WFNZ-AM/FM and WLNK (collectively, the “Station”), its parents, affiliates, subsidiaries, employees, and agents may take photographs and/or make video recordings of the Event in which my name, likeness, portrait, recorded voice and/or image and likeness may be depicted and/or captured (“Content”), which Content may be used for advertising and/or promotional purposes, for free, for a fee or for sale, via any medium (including without limitation terrestrial radio, satellite radio, the Internet, cable, print, and TV), for any and all advertising, marketing, endorsement, commercial and trade purposes whatsoever (including but not limited to advertising, promoting or publicizing Station, and/or its radio stations, products and services or its sponsors), in any manner, by any means, whether now known or hereafter devised, for any of which I shall receive no payment of any additional compensation; and in so doing, I respectively waive any potential claims against Station or any of its affiliates with respect to any such usage and/or editing in whole, or in part, alone or in compilation with content provided by third parties. Further, I acknowledge and agree that such Content may be used by Station for, among other things, posting on the internet (including without limitation, the Station website(s) and third party websites such as Facebook or Twitter, Instagram, or YouTube, and/or social media pages, and/or viral distribution through email or other means of sharing), inclusion in TV commercials, and/or for on-air broadcast, and I hereby consent to all such use, for any of which I shall receive no payment of any additional compensation.
- Participant hereby represents and warrants that he/she is at least eighteen (18) years of age, or, if under 18, that this Agreement is also signed by the Participant’s legal guardian who must be at least 18 years of age or older. If you are also signing on behalf of a child under the age of eighteen (18) or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this Event registration, you agree that the terms of this Agreement shall apply equally to you and all those on whose behalf you have the authority to sign.
- BY SIGNING THIS DOCUMENT AND PARTICAIPTING IN THE EVENT, PARTICIPANT UNDERSTANDS, ACKOWLEDGES AND AGREES THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS AND INVOLVES CERTAIN RISKS THAT CANNOT BE ELIMINATED COMPLETELY, BOTH KNOWN AND UNKNOWN, RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES AND DEATH, WHICH MAY BE CAUSED BY ANY NUMBER OF FACTORS, BOTH FORESEEABLE AND UNFORESEEABLE, INCLUDING, WITHOUT LIMITATION, FALLING, COLLIDING WITH OTHER SKATERS, OR COLLIDING WITH ANY SURFACES IN OR AROUND THE ICE RINK AND EVENT. I REPRESENT AND WARRANT THAT I AM I AM IN GOOD HEALTH AND DO NOT HAVE ANY PRE-EXISTING CONDITION OR INJURY THAT COULD PREVENT ME FROM SAFELY PARTICIPATING IN THE EVENT, AND THAT I SHOULD NOT PARTICIPATE IN THE EVENT UNLESS I AM MEDICALLY ABLE TO PARTICIPATE. PARTICIPANT UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, PARTICIPANT AND PARTICIPANT’S HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS DO HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE STATION, THE NASCAR HALL OF FAME, THE CHARLOTTE REGIONAL VISITORS AUTHORITY, THE CITY OF CHARLOTTE, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ASSIGNS, AND SUCCESSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, SPONSORS, AGENTS, REPRESENTATIVES, AND ALL OTHERS CONNECTED WITH THEM AND THE EVENT (THE “RELEASED PARTIES”) FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY PARTICIPANT AND/OR HIS/HER PARTICIPATING MINOR CHILDREN. PARTICIPANT FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES) FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, AND DAMAGES SUSTAINED OR INCURRED (INCLUDING REASONABLE ATTORNEYS’ FEES) BY PARTICIPATION IN THE ACTIVITY OR ACTIVITIES AT THE EVENT ARISING IN ANY MANNER WHATSOEVER, INCLUDING BUT NOT LIMITED TO AN ACT OR OMISSION, WHETHER NEGLIGENT, INTENTIONAL OR OTHERWISE CAUSED BY THE RELEASED PARTIES. STATION AND ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE ACTIVITY OR ACTIVITIES AT THE EVENT OR YOUR REGISTRATION FOR THE ACTIVITY OR ACTIVITIES AT THE EVENT (ONLINE OR OTHERWISE), EVEN IF ENTERCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IS AT YOUR SOLE RISK.
- Participant acknowledges and agrees that the statutes and laws of the State of North Carolina, without regard to the conflict of laws principles thereof, will apply to all matters relating to the at the Event and this agreement. You agree that exclusive jurisdiction for any dispute with Station resides in the courts of the state in which the Event was held, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state in which the Event was held in connection therewith. You further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement shall not affect the validity and enforceability of any remaining provisions.
- BY FREELY AND VOLUNTARILY SIGNING THIS AGREEMENT IN CONSIDERATION OF MY PARTICIPATION IN THE EVENT, I REPRESENT AND WARRANT, AND ACKNOWLEDGE AND AGREE, THAT: (I) I HAVE HAD AN OPPORTUNITY TO READ THIS AGREEMENT AND I FULLY UNDERSTAND ITS TERMS, (II) I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE, AND (III) I INTEND FOR MY SIGNATURE TO REPRESENT A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.