PERMISSION AND
RELEASE
WAIVER AGREEMENT
TO BE SIGNED BY ALL PARTICIPANTS
Participant,
the undersigned, voluntarily and expressly assumes all risk and danger of
personal loss, illness, or injury (including, without limitation, permanent
disability and death) arising from or relating in any way to participating in
any activities relating to the Detroit Pistons Basketball Company (“DPBC”),
Palace Sports & Entertainment, LLC (“PSE”), Come Play Detroit (“CPD”), the
William Davidson Foundation (“WDF”), Ralph C. Wilson Jr. Foundation (“RCWJ”),
and/or The Detroit Parks Coalition (“DPC”), howsoever caused or arising and
whether by negligence or otherwise (the “Participation”). Participant
understands that there are potential risks of which Participant may not be
presently aware. Participant agrees to fully comply with any applicable rules,
policies, regulations, laws, Participation instruction and Participation
facility rules and safety guidelines. Participant agrees that DPBC, PSE, CPD, WDF, RCWJ, DPC, and their
respective owners, shareholders, subsidiaries, affiliates, officers, employees,
sponsors, and agents (together, “Pistons Parties”) shall not be liable for any
loss, damage, illness, or injury, including death, to any person or property
that may result directly or indirectly from Participation.
The Pistons Parties have taken preventative measures to
reduce the spread of COVID-19 and other communicable disease during the
Participation. However, Participant understands the extremely contagious nature
of COVID-19, though to spread from person-to-person contact, and Participant
acknowledges that partaking in group activities increases the risk of
contracting COVID-19 and other communicable disease. Participant acknowledges
that Pistons Parties cannot guarantee that Participant will not become infected
or ill with any communicable disease. Participant has made all necessary
parties, including but not limited to Pistons
Parties and host facility staff, aware of
any and all medical conditions that may lead to a medical emergency or affect
his or her treatment in the event of a medical emergency. Participant agrees
that he or she will not participate in any activity if Participant has a fever
or any other overt symptoms of COVID-19. Participant gives consent to the
instructors, coaches and host facility staff to administer first aid if
necessary.
Participant grants full permission to the Pistons
Parties (and their respective licensees, sponsors and designees), by any means,
whether now known or hereinafter developed, to exhibit, record, reproduce,
broadcast, transmit, publish, sell, distribute, perform, use and re-use, and to
license others to exhibit, record, reproduce, broadcast, transmit, publish,
sell, distribute, perform, use and re-use, for any purpose, in any manner,
without further notification, authorization or compensation to Participant or
anyone on its behalf, Participant’s name, nickname, voice, biographical information,
photograph, and/or other likeness, however captured, and any photographs,
videotapes, motion pictures, recordings, or other record of the Participation
(or any part or parts of the Participation) in any and all media, whether now
known or hereafter developed, worldwide and in perpetuity, and Participant
represents and warrants that no further permission is required for the Pistons
Parties to use the Participation as provided herein.
Participant
hereby releases, waives, discharges and covenants not to sue Pistons Parties from
all liability to the undersigned for any and all loss, liability, damage, or
cost and any and all claims or demands therefore on account of injury to the
person or property of the undersigned, including death or illness, whether caused
in whole or in part by the negligence of the Pistons Parties or otherwise, due
to Participation. Participant further agrees to defend, indemnify, and hold harmless the Pistons Parties and their
insurers from and against any and all damages, costs, judgments, and/or
expenses (including but not limited to attorneys’ fees and other legal fees)
they may incur as a result of claims made against them arising out of the Participation
or any breach of this Permission and Release (including but not limited to breach
of any representation or warranty contained herein).
The
Participant further expressly agrees that the foregoing release is intended to
be as broad and inclusive as is permitted by the law of the State of Michigan
and that if any portion thereof is held invalid, it is agreed that the balance
shall, notwithstanding, continue in full force and effect.
THE
UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE and further agrees that
no oral representation, statement, or inducement apart from the foregoing
written agreement have been made.
This
Permission and Release specifically embraces each and every event sanctioned,
authorized or promoted by the Pistons Parties at any time and applies to each
and every event or activity hereinabove mentioned, and has the same effect as
if executed before each and every activity or event in which the Participant
participates. This Permission and Release shall be governed under Michigan law.