
PLEASE READ THIS DOCUMENT CAREFULLY. BY AGREEING TO THIS DOCUMENT, YOU ARE GIVING UP LEGAL RIGHTS ON BEHALF OF YOURSELF AND/OR ANY MINOR PARTICIPANT.
For good and valuable consideration, the receipt of this “Consent, Waiver, and Release” which I hereby acknowledge, on behalf of myself and any minor(s) that will be participating with me (“Minor(s)”) in the Legendary Dojo Experience (the “Experience”), I hereby agree to the following terms and conditions and irrevocably grant to Columbia TriStar Marketing Group, Inc. (“CTMG”), Thinkingbox and their affiliates, successors and assigns (collectively, the “Licensed Parties”), the absolute, exclusive, irrevocable and unrestricted right and permission to use, record, copy, reproduce, adapt, edit, summarize, copyright, publish, upload, exhibit, distribute, display, webcast, podcast, broadcast, create derivative works from, perform and otherwise exploit in any media, manner, content delivery mechanism or technology, now known or hereinafter devised, throughout the universe in perpetuity my and such Minors’ name, photograph, image, likeness, voice and performance and interview, in any manner, format or context whatsoever in connection with the promotion, advertising and/or publicity of the motion picture entitled “Karate Kid: Legends” (“Picture”), including my participation in the Experience without any further compensation or additional consent (such grant of rights referred to as the “License”).
I represent that I and each Minor is adequately prepared, physically fit, and mentally capable to participate in the Experience, which we have voluntarily chosen to participate in, and that we have not been advised otherwise by a medical practitioner. At the time of our voluntary participation in the Experience we, or otherwise will decline to participate in the Experience: (a) will not be feeling dizzy, lightheaded or nauseated; (b) are not injured, in poor physical condition, nor do we have any heart conditions; (c) are not under the influence of alcohol or drugs; (d) are not pregnant; or (e) re not using a medical device such as a heart pacemaker.
I have read, understand, and agree to comply with all laws, regulations, ordinances, and Experience rules during the Experience. I hereby acknowledge that participating in the Experience is or may be inherently dangerous and may, in certain instances, involve risk to me of serious bodily injury, permanent disability, illness, dismemberment, or loss of life and also involves the risk of severe economic and property loss and damage. I understand that these risks may result from the actions, accidents, negligence, contact with other participants and/or Experience personnel, negligent maintenance of equipment, and failure to act of myself and others (including but not limited to other participants in the Experience and the Released Parties [defined below]). I also understand that there may be additional risks involved with participating in the Experience which are not known to me or to the Released Parties and may not be foreseen or reasonably foreseeable by any of us at this time or at the time of the Experience. Nevertheless, we have voluntarily chosen to participate in the Experience and expressly assume all risks relating in any way to the Experience, whether known or unknown to us. I hereby consent to the administration of first aid and other medical treatment in the event of injury or illness at the Experience for me and each Minor, and hereby release and indemnify the Released Parties from any and all liability or claims arising out of such treatment.
Furthermore, I hereby, for myself and the Minors and our respective executors, administrators, heirs, next of kin, successors, and assigns, waive, release and discharge any and all claims that I or the Minors now have or may, in the future, have against the Released Parties and any other parties related to the, including any and all claims for damage or personal injury (including, but not limited to, bodily injury, permanent disability, illness, dismemberment, medical malpractice, and wrongful death), whether or not caused by the negligence of any of them, arising out of or relating to our participation or attendance at the Experience or any related function, prior to, during or after the Experience, including claims resulting from the equipment used during the Experience and related activities, together with any costs, including attorneys’ fees, that may be incurred as a result of such a claim, whether valid or not.
Recognizing the Released Parties' (defined below) reliance upon the License and the other terms and conditions of this Consent, Waiver and Release, I, on behalf of myself and each Minor, hereby irrevocably release, discharge, and agree to indemnify and hold harmless each of the Licensed Parties, the venue for the Experience, and each of its and their affiliates, respective officers, directors, employees, agents, representatives, licensees authorized designees, owners, subsidiaries, successors, assigns, sponsors and licensees (collectively, the “Released Parties”) from any and all actions, damages, costs, liabilities, claims, losses and expenses (including reasonable outside attorney's fees and expenses) to which any of the Released Parties may be subject to as a result of or in connection with any claim during the Experience including for injury, death, defamation or for violation, invasion or infringement of any privacy, publicity, personal, intellectual property or other right whatsoever that I, the Minors or any other person now have or may ever have from or relating to any of the Released Parties' exercise of their rights under the License. Such indemnification shall extend to any claim that might be asserted by others against me or a Minor that also names the Released Parties. I hereby agree that as between me and the Released Parties, any materials (offline, online, mobile and/or any other content) produced by any of the Released Parties pursuant to the License, and all intellectual property rights embodied therein, shall be owned solely and exclusively by the Released Parties.
Nothing herein will constitute any obligation on the Licensed Parties to make any use of any of the rights granted by me hereunder. This Consent, Waiver and Release shall be binding upon, and shall inure to the benefit of, my and each Minor’s heirs, executors, administrators, successors, and assigns. This Consent, Waiver and Release and the rights granted hereby may be freely assigned (in full or part) by the Released Parties but may not be assigned by me without CTMG’s written consent (at its sole discretion). THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO THE CONFLICT OF LAW PROVISIONS THEREOF. EACH OF THE PARTIES TO THIS AGREEMENT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO, AND DETERMINED BY, FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES).
I acknowledge, agree, and consent to the collection, use, transfer, sharing and processing of my and each Minor’s personal information collected by the Licensed Parties and in accordance with the Licensed Parties’ Privacy Policy located at https://www.sonypictures.com/corp/privacy.html (as the defined term, “Services,” is used in the Licensed Parties’ Privacy Policy, Services shall be the Experience).
If I am accepting this Consent, Waiver and Release on behalf of any Minor, I represent and warrant that I: (i) am the custodial parent or otherwise have legal custody and the authority to consent to this Consent, Waiver and Release on behalf of the Minors; (ii) will not induce the Minors to disaffirm this Consent, Waiver, and Release; (iii) understand that CTMG is relying on my acceptance of this Consent, Waiver and Release and will indemnify CTMG for any damages suffered in connection with the Minor’s actions in contravention of this Consent, Waiver, and Release (including, without limitation, any attempt to disaffirm); and (iv) waive any defense to the enforcement of this Consent, Waiver, and Release arising out of the Minors’ minority.
I expressly agree that this Consent, Waiver, and Release is a legally binding agreement which is intended to be as broad and inclusive as is permitted by law and I agree that if any portion of this Consent, Waiver and Release is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I acknowledge that I am at least eighteen (18) years old, or the age of majority in my state of residence whichever is older.
I hereby certify and represent that I have read the foregoing, fully understand the meaning and effect thereof and am accepting this voluntarily, without any inducement or coercion. I understand that by accepting this Consent, Waiver, and Release, I have given up substantial rights, including my, and the Minors’, right to sue.