PHOTOGRAPHIC AND RESULTS RELEASE and WAIVER AND RELEASE OF CLAIMS
I give my consent and permission to the Red Sox Foundation, the Boston Red Sox, their sponsors and corporate sponsors, their successors, licensees, and assignees, for the irrevocable right to use, for any purpose whatsoever and without compensation, any interviews, audio recordings, the taking of motion pictures, videotape recording, photographs, or electronic images of me that are made during the course of this event (the “Event”).
(1) Recordings may be used for informing the public about Red Sox Foundation or Boston Red Sox activities, with regard to the Fenway Yogathon and future Red Sox Foundation or Boston Red Sox events. The images, audio or information in a Recording may be published and republished, exhibited either separately or in connection with each other, or in other media, including the Internet, or used for any other purpose in the interest of informing the public about activities conducted by the Boston Red Sox or its affiliates or the Red Sox Foundation, Major League Baseball, NESN or their affiliates. Recordings may be shared with the news media or other television programmers, both in the United States and abroad, and further broadcast or replicated as those third parties see fit, with or without the input of Red Sox Foundation. It is specifically understood that in any such publication or use, I may be identified by name based on my consent provided herein. I grant this consent as a voluntary contribution to raise awareness about the Red Sox Foundation.
(2) I understand that I will not receive, and am giving up any claim to receive, any payment or royalties in connection with any publication, exhibition, televising or other showing of these Recordings regardless or whether such exhibition, televising, release, broadcast or other showing is under philanthropic, commercial, institutional, or private sponsorship, and irrespective of whether a fee of admission or film rental is charged.
(3) I understand that Recordings may be edited, modified, or retouched (in some but not necessarily all cases) for artistic purposes and/or to withhold identity or for other graphic production reasons which may or may not be within the control of the Red Sox Foundation, The Boston Red Sox, NESN or its affiliate.
I understand that (i) my consent to these provisions is given in consideration for being permitted to participate in this Event; (ii) I may be removed from this Event if I do not follow all the rules of this Event; and (iii) I am a voluntary participant in this Event. I am in good physical condition and am solely responsible for my personal health, safety and personal property.
I know that this Event is a potentially hazardous activity and I hereby voluntarily assume full and complete responsibility for, and the risk of, any injury or accident which may occur during my participation in this Event or while on the EVENT premises (COLLECTIVELY, “MY PARTICIPATION”). TO THE FULLEST EXTENT OF THE LAW, I, for myself, my next of kin, my heirs, administrators, and executors (COLLECTIVELY, “RELEASORS”), hereby release and hold harmless and covenant not to file suit against (i) THE RED SOX FOUNDATION and THE BOSTON RED SOX BASEBALL CLUB LIMITED PARTNERSHIP, and THEIR RESPECTIVE DIRECTORS, OFFICERS, VOLUNTEERS, AGENTS, PARTNERS, AFFILIATES AND EMPLOYEES; (ii) any Event sponsors; (iii) any Yoga instructors participating in the Event, and (iv) all other persons or entities associated with this Event (collectively, the “Releasees”) for any injury or damages I might suffer in connection with my participation. This release applies to any and all loss, liability, or claims I may have arising out of my participation, including but not limited to, personal injury or damage suffered by me or others, whether such losses, liabilities, or claims be caused by falls, contact with and/or the actions of other participants, contact with fixed or non-fixed objects, conditions of the EVENT premises, negligence of the Releasees, risks not known to me or not reasonably foreseeable at this time, or otherwise.
ALL PARTICIPANTS IN FENWAY YOGATHON ARE REQUIRED TO ASSUME ALL RISK OF PARTICIPATION BY ACCEPTING THIS GENERAL RELEASE AGREEMENT.
I know that yoga is a potentially hazardous activity. I should not enter in the RED SOX FOUNDATION FENWAY YOGATHON unless I am medically able and properly trained. I agree to abide by any decision of a event official relative to my ability to safely complete the yoga event at Fenway Park. I assume all risk associated with yoga class including, but not limited to, falls, contact with other participants, all such risks being known and appreciated by me in said event and any pre-and post-event activities.
I acknowledge that my entry fee is non-refundable, including if the yoga class is cancelled, and my entry is non-transferable. I agree I will not chargeback or dispute the credit card transaction.
Authority to Register and/or to Act as Agent. I represent and warrant to Forte Interactive, Inc. ('Forte') and TrustedPartner Ecommerce Services that I have full legal authority to complete this event registration on TrustedPartner Ecommerce Services, including full authority to make use of the credit or debit card to which registration fees will be charged. I represent and warrant that, in compliance with COPPA, I am over thirteen (13) years of age.
This Photographic and Results Release and Waiver and Release of Claims (collectively, the “Release”) shall be construed under the laws of Massachusetts. In the event any provision of this Release is deemed unenforceable by law, (i) the Red Sox Foundation and the Boston Red Sox shall have the right to modify such provision to the extent necessary to be deemed enforceable; and (ii) all other provisions of this Release shall remain in full force and effect.
I understand that I have given up substantial rights by signing this Release, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by law.
IF YOU REGISTER FOR THE 2013 RED SOX FOUNDATION FENWAY YOGATHON, YOU ARE COMMITTING TO PERSONALLY GUARANTEE THE FUNDRAISING MINIMUM OF $250. All registrants who are registered 16 years of age and older are committed and will be held personally responsible for raising their fundraising minimum. If the $250 fundraising minimum is not met by the fundraising deadline of 5pm on Monday, September 16, 2013, participants’ credit cards will be charged the difference. Only those who a) sign the waiver above, b) agree to a written commitment and c) provide valid credit card may register for the yogathon. If a registrant owes a balance but their credit card on file proves invalid, they will not be allowed to participate in the yoga event.
Participants have the opportunity to cancel WITHIN 72 HOURS UPON REGISTERING without further financial obligation beyond their registration fee, which will not be refunded. After the 72 hour period expires, all registered participants ARE COMMITTED and personally responsible for raising the required fundraising minimum or your credit card will be charged, whether you end up choosing to participate in the yoga event or not, because there are limited slots for this unique fundraiser and any later cancellations would not give replacements time to fundraise the minimum required. Any registered participant who wishes to cancel within the permitted withdrawal time period should do so IN WRITING ONLY, within 72 hours of their race registration, by EMAILING email@example.com. All such requests must be made in writing to this email address. We respectfully request your email include a cell phone where we can reach you if there are any questions. Thank you very much for your understanding and support.