Press & Media Guidelines(Required) WheelWOD USA, LLC
PRESS AND MEDIA GUIDELINES AND COVERAGE
AGREEMENT
In consideration of being granted a credential for access to the Adaptive WheelWOD Games By WheelWOD in San Antonio, Texas September 19-22, 2024 (hereafter WheelWOD) event or
competition indicated by WheelWOD (which may include the Open, Semifinals, the WheelWOD Games or other competitions, demonstrations or events) (collectively, the “Event(s)”) and subject to the approval of WheelWOD in its sole and absolute discretion, the executing entity and individual (collectively, “You” and the latter “Bearer”) hereby enter into the following Press and Media Guidelines and
Coverage Agreement (“Agreement”) with WheelWOD:
WheelWOD will provide credential(s) necessary for Bearer to gain access to press areas at the
Event for the sole and exclusive purpose of Editorial Event coverage and/or athlete media
relations. For purposes of this Agreement, “Editorial” means non-commercial (unpaid)
gathering of video footage, photographs, website content, social media, and traditional
print press and media of the Event and any interviews. Time, area, and scope of access
will be at the sole discretion of WheelWOD. Credential(s) and access may be revoked at any
time by WheelWOD with or without cause, and WheelWOD shall have no liability to You
whatsoever should WheelWOD revoke such access. Bearer agrees not to attempt to gain access
to any area other than those designated for press and to which Bearer has expressly been
granted access. Bearer agrees to confine work relating to interviews or still photography
and video solely to those locations within the designated press areas for which Bearer
has been specifically assigned for that work. This credential is non-transferable. Bearer
agrees not to sell, donate or provide it to anyone before, during or after its use at the Event.
WHEELWOD RESERVES THE RIGHT IN ITS SOLE AND ABSOLUTE
DISCRETION TO GRANT OR DENY ANY APPLICATION OR REQUEST FOR A
CREDENTIAL AND MAY REVOKE CREDENTIALS AT ANY TIME IN ITS SOLE
DISCRETION, FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT
LIMITATION, VIOLATION OF THIS AGREEMENT.
Press and/or Media
The use, distribution, exhibition, reproduction, adaptation, display, uploading,
transmission, performance, publishing or publication of any accounts, descriptions,
pictures, photographs, video or audio recordings, results, reproductions of, or other
information concerning or relating to the Event (collectively, the “Event Information”),
in whole or in part, for purposes other than for Editorial coverage of the Event, or for First
Amendment-protected purposes, is prohibited, except (a) with the prior written consent of
WheelWOD in each instance or (b) as specifically licensed herein. Nothing in this Agreement
authorizes or allows You or Bearer to violate any WheelWOD (or WheelWOD’s licensors’ or
trademarks (including any unauthorized use of “WheelWOD®”, “The WheelWOD
Games®” “#WheelWOD”, or any other trademarks owned by WheelWOD), copyrights or other
proprietary rights. All rights not specifically granted herein are expressly reserved by
WheelWOD.
Bearer shall obtain any and all necessary licenses, consents or releases permitting the use
of any party’s proprietary material, including, but not limited to any party’s copyrights,
trademarks, rights of publicity, rights of privacy or other proprietary or personal rights,
included in any photograph or video taken or captured or other material obtained in
connection with the credential or the Event. The Bearer is solely responsible for
determining which licenses, consents and releases shall be obtained. Bearer agrees to
indemnify and hold harmless WheelWOD and its officers, directors, agents, contractors and
employees from and against any and all liability, loss, claims, cost, damage or expense
(including reasonable attorneys’ fees and expenses) arising out of or relating to: (a) the
issuance of the credential; (b) Bearer’s presence at the Events; (c) any other activity of You
or Bearer in connection with the Events, including, without limitation, any claims that the
Event Information taken or compiled by Bearer infringe the intellectual property rights,
publicity rights or other rights of any third party’s copyrights, trademarks, rights of
publicity, rights of privacy, or other proprietary or personal rights of any company, entity,
group, organization or individual; and (d) the presence on the premises of any cameras,
wires, cable or other equipment brought thereon by Bearer.
Commercial Use of any picture, audio description, videotape/film or drawing of the Event
taken or made by You or the Bearer (including, but not limited to, use in advertising, sales,
promotion or merchandising) is prohibited without prior specific written approval of
WheelWOD in each instance. For purposes of this Agreement, “Commercial Use” includes
any advertising, promotion, sales, sponsorship, membership, merchandising or other
commercial purposes by any entity, except as part of news coverage by recognized
press/media outlets (under this Agreement) or by official WheelWOD sponsors and partners
(under written authorization or contractual agreement by WheelWOD).
For the avoidance of doubt, You may not display, publish, sell, license, barter, distribute,
exploit or otherwise use any picture, audio description, videotape/film or drawing taken or
made at or in connection with any Event for Commercial Use by any entity, except for
press/news media outlets or official sponsors/partners, as described above. For the further
avoidance of doubt, You may not sell, license, sublicense, barter, or distribute any picture,
videotape/film or drawing to individual athletes or teams depicted in such picture,
videotape/film or drawing for their use in any advertising, sales, or merchandising. In the
event that such athlete’s use is limited to editorial or non-commercial social media use
only, the athlete must attribute the photograph to You and clearly and prominently state,
“Image used courtesy of the WheelWOD Games”.
Credentialed still photographers and video crews will be granted authorization to use still
and video cameras respectively within their designated media areas only. If Bearer is so
authorized, Bearer agrees to possess and use only such devices as are necessary for
coverage of the Event and authorized by WheelWOD. Bearer shall not possess or use any
drones or other unauthorized recording devices (i.e., remote controlled video cameras, or
aerial cameras) or any other cameras or recording devices not permitted by WheelWOD,
determined in its sole and absolute discretion. The unauthorized possession or use of
cameras or video or audio recording devices (collectively, “Recording Devices”) is
prohibited at the Event. If Bearer is found to be in possession of an unauthorized Recording
Device within the Event premises (including the press area) or using a camera in an
unauthorized area, Bearer shall be subject to the confiscation of any such Recording Device
and the revocation of Bearer’s credentials.
Absent a separate written license agreement with WheelWOD:
• Credentialed press may shoot still photographs or video of the Event, subject to the terms
of this Agreement.
• Credentialed press may film, record, or photograph athlete interviews, in public areas of
the Event by mutual consent or at designated press-only locations and times, subject to the
terms of this Agreement.
• Any and all use of any still images or footage shall be for (a) news coverage of the Event
(and subject to this Agreement), (b) non-commercial use, subject to the written approval of
all athletes depicted (and subject to this Agreement), or (c) use by official sponsors or
partners of WheelWOD (and subject to this Agreement and the respective
sponsorship/partnership agreement), unless WheelWOD provides express, prior written consent
in each instance.
• Credentialed press and/or media may not stream any video of the competition or workouts.
Streaming rights are the exclusive property of WheelWOD.
• Credentialed press and/or media may not film or photograph warm-ups, warm-up areas,
pre- competition activity or behind the scenes without the express, prior written
authorization of WheelWOD.
• No more than an aggregate of fifty (50) still images taken under this Agreement may be
displayed or distributed via any public press and/or media channels without the prior written
authorization of WheelWOD.
STILL IMAGES
Still images and photography are for editorial purposes only and may not be used
for any commercial or retail purposes, except as described in this Agreement. Use of
still images and photography for promotional purposes is only permitted upon
written permission of the athlete(s) depicted in such image(s) and with written
agreement from WheelWOD.
FOOTAGE
Footage may not be used for any commercial or retail purposes whatsoever, and may
only be used for promotional purposes upon written permission of the athlete(s)
depicted in such image(s) and with written agreement from WheelWOD.
Video clips made available through social media or websites of any workout in the
competition shall not exceed 30 seconds in length, and no individual clip, however used,
distributed, published or displayed, shall exceed 30 seconds in length. In no event shall
total video footage of any workout at the competition made available online or uploaded
onto websites exceed 90 seconds in the aggregate.
I acknowledge and agree that I am solely responsible for sharing and enforcing these
guidelines with all individuals and entities with whom I have shared photos or footage of
the event, and I accept liability for any actions on the part of such individuals in breach of
this Agreement.
I have read and understand all of the guidelines described herein for credentialed press
and/or media, and hereby agree to abide by these guidelines. By signing this Agreement, I
hereby acknowledge and agree that any violations of these guidelines will result in the
revocation of my credential(s), my removal from the Event and may result in legal action
being taken against me and/or my company, firm, agency, group or organization listed
below.
Prior to or upon arrival at the Event and before You receive your credential You will be
asked to sign a copy of this Agreement. If You fail to sign this Agreement, WheelWOD
has the right to deny credentials to You and/or your organization.
Acknowledged and Agreed:
By:
Name:
Company:
Date:
By acknowledging, agreeing and electronically signing WheelWOD’s Press & Media
Guidelines and Coverage Agreement, it has been automatically logged. If there is an issue,
you will be contacted by the WheelWOD Communications Team
I agree to the PRESS AND MEDIA GUIDELINES AND COVERAGE AGREEMENT.
Assumption of Risk & Liability(Required)
ASSUMPTION OF RISK / WAIVER OF LIABILITY / PUBLICITY RELEASE
(the “Agreement”)
READ THIS AGREEMENT FULLY AND CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. AGREEING TO THE TERMS OF THIS AGREEMENT IS A CONDITION OF ACCESS TO ANY WHEELWOD EVENT, VENUE OR OTHER FACILITY.
THIS AGREEMENT COVERS IMPORTANT LEGAL MATTERS INCLUDING, WITHOUT LIMITATION: (i) ASSUMPTION OF ALL RISKS BY YOU, (ii) CONSENT TO PARTICIPATE AND MEDICAL TREATMENT, (iii) WAIVER OF LIABILITY AND RELEASE OF ALL CLAIMS, (iv) INDEMNITY BY YOU, and (v) PUBLICITY RELEASE AND WAIVER.
ASSUMPTION OF RISK / WAIVER OF LIABILITY
1. Consideration for Waiving Liability. In consideration for the opportunity to attend, participate in,
compete in or volunteer at the Adaptive CrossFit Games By WheelWOD, also known as WheelWOD Games, WheelWOD Programming, other WheelWOD seminars, workouts, fitness or exercise related competition or event,
and any related activities, use of any equipment, tests, promotional events, training, seminars, workouts,
exercise, entertainment, demonstrations, instruction, ceremonies and exhibitions (collectively, the “WheelWOD
Event”), whether owned, operated, managed, sanctioned or sponsored by or on behalf of WheelWOD, LLC, or any
of their respective owners, officers, directors, agents, assistants, contractors, volunteers, staff, representatives,
guests and employees, as well as coaches, instructors, trainers, lessors, lessees or operators of any gym or WheelWOD Event sponsors, exhibitors, vendors, spectators, media and medical personnel present at the WheelWOD Event (collectively, the “WheelWOD Parties”), or any other venue, location or equipment used in or with any part of a WheelWOD Event (collectively, the “Venue” and together with the WheelWOD Parties, the “Released Parties” and each a “Released Party”), with or without supervision and whether such activities take place at or near the Venue, traveling to or from the Venue or otherwise, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by clicking the appropriate box and agreeing to this Agreement, I (sometimes referred to herein as “Participant”), for myself, my heirs, executors, next of kin, successors in interest, guardians, legal representatives, assigns and administrators, agree as follows:
2. Dangerous Activity.
2.1. Inherent and Additional Risks. I agree and acknowledge that participating in the WheelWOD
Event may involve inherent danger and risk, including the danger and risk of: (i) PHYSICAL INJURY AND/OR
DEATH including minor injuries and major injuries such as joint and back injuries, broken bones, concussions,
rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, heart attack, stroke, brain injury and injury
to my fetus (if pregnant); (ii) exposure to, and sickness from, infectious viruses, bacteria and disease, including
but not limited to, COVID-19; and (iii) property damage. I also understand that the use of alcohol and/or drugs
may increase or exacerbate these risks and dangers. I understand and agree that neither my actions, nor the
actions of any other person, can necessarily be controlled, and that my safety and health cannot be guaranteed while participating in or observing the WheelWOD Event and related activities or visiting the Venue. By signing this
Agreement, I freely accept and fully assume responsibility for all such dangers and risks and the possibility of
personal injury, death, property damage or loss resulting therefrom.
2.2. Equipment. I agree to inspect before use all equipment offered for use at the WheelWOD Event and
the Venue, including without limitation, exercise and fitness equipment and apparatus or other equipment
(the “Equipment”) and to ask questions of the WheelWOD Event employees and/or instructors if I do not fully
understand how to use either the Equipment or the Venue. I warrant that information provided to WheelWOD Event
employees, instructors, seminar technicians and personnel will be accurate and complete. If I am under the age
of 18, my parent or guardian being at least 18 years old and agreeing to this Agreement on my behalf (“Adult”),
understands that he/she may not be available or present when my Equipment is provided, fitted or adjusted
and hereby waives the opportunity to inspect the use and fitting of the Equipment and authorizes the WheelWOD
Event agents or employees to oversee the use and fitting of the Equipment. I understand that, although I may be
wearing protective or support gear, as applicable, such gear cannot guarantee my safety or protect the wearer
against all potential injuries or prevent all injuries. I accept for use “AS IS” any Equipment used for a WheelWOD Event and agree to identify or return either before use or promptly after discovery for replacement or repair of any
Equipment that I believe may be damaged or defective in any way. If I am under the age of 18, Adult accepts full
responsibility for the care of the Equipment used for a WheelWOD Event and agrees that Adult will be responsible
for the replacement at full retail value of any Equipment damaged or not returned. I understand that additional
fees may be required for use of the Venue, Equipment, or other services provided by the WheelWOD Event and that
age, height, and ability restrictions may apply to limit participation in the WheelWOD Event and use of some or all of
the Venue.
3. Duties of Participant and Representation as to Physical Condition. I agree to, or if I, as the Participant,
am under the age of 18, Adult agrees to read and, if necessary, explain to me, all posted signs and warnings.
I must maintain control at all times while participating in the WheelWOD Event. I am responsible for reading,
understanding and complying with all signage, including, without limitation, instructions for the use of the Venue.
I acknowledge that I have the physical dexterity and knowledge to safely engage in the WheelWOD Event and use the Venue. I acknowledge and agree that I am solely responsible for evaluating my physical fitness, mental fitness,
technical skills and experience in order to assess my suitability to engage in the WheelWOD Event. I acknowledge
that I have consulted with a qualified physician about my desired participation in the WheelWOD Event, and will
adhere to the guidelines that my physician recommends. I acknowledge that I do not suffer from ANY health
condition which may be aggravated by participating in the WheelWOD Event, including, but not limited to, heart
conditions or high blood pressure, back, neck or other skeletal, muscular, respiratory or circulatory problems. I
acknowledge that I may be required to wear protective gear appropriate to the WheelWOD Event at certain times
while participating in any WheelWOD Event.
4. Consent to Medical Treatment. In connection with any injury that I may sustain or illness or other
medical conditions that I may experience during my presence at the WheelWOD Event or the Venue or otherwise
while engaging directly or indirectly in the WheelWOD Event, I authorize and consent to receive any emergency
first aid, medication, medical and/or surgical treatment deemed necessary by the attending personnel and/or
the WheelWOD Event employees and agents. I acknowledge that the Released Parties are under no obligation to
provide such medical treatment or services, and the Released Parties do not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can the Released Parties be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure
to provide or to continue to provide such medical services. I further authorize the attending personnel and/
or the WheelWOD Event employees or agents to execute on my behalf any permission forms, consents or other
appropriate documents relating to medical attention and to act on my behalf if not able or immediately available
to do so and the same is urgent as determined in their sole discretion. I ACKNOWLEDGE AND AGREE THAT
EMERGENCY ASSISTANCE AND/OR TREATMENT MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCE WHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE INJURIES SUSTAINED BY ME, WHICH INJURIES MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL AND WAIVE ANY CLAIM IN RESPECT THEREOF IN ACCORDANCE WITH SECTION 6 BELOW.
I expressly acknowledge that if the WheelWOD Event and Venue are located some distance from medical facilities, that such distance may exacerbate any injury or condition sustained by me. I shall be responsible for all costs associated with such medical care and related transportation.
5. Assumption of Risks. Understanding, acknowledging and agreeing to all the risks and hazards involved
with the WheelWOD Event, I freely and voluntarily choose to participate in the WheelWOD Event, travel to, enter
and use the Venue, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE WHEELWOD EVENT, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE WHEELWOD EVENT OR VISITING, TRAVELING TO OR FROM OR USING OR VISITING THE VENUE. I understand and agree that by agreeing to this Agreement, I am assuming full responsibility for any and all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with the WheelWOD Event whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, traveling to or using the Venue. I understand and agree that this Agreement will be binding on me, my
spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “Releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Venue, and property we have brought to the Venue, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property. I also accept full and complete responsibility for the consequences of taking unreasonable risks while participating in the WheelWOD Event or using the Venue, including, without limitation, attempting activities that I am not qualified to perform safely, causing any other participants/spectators an unreasonable risk of harm, or failing to follow correct safety procedures
when using the Venue and participating in the WheelWOD Event.
6. Liability Release and Waiver of Claims. On behalf of myself and the Releasors and in consideration
for being allowed to participate in the WheelWOD Event and/or use of the Venue, I HEREBY WAIVE, RELEASE AND
FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE WHEELWOD EVENT AND/OR TRAVEL TO OR FROM OR VISIT TO OR USE OF THE VENUE OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section 6 shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
I expressly acknowledge and understand the significance, effects and consequence of this waiver and hereby assume full responsibility for such a waiver.
7. Unpredictability of Cause; Personal Responsibility. I understand that injuries and harm may result from
the WheelWOD Event, including working with and around weightlifting, exercise and fitness equipment. I agree
and acknowledge that the Released Parties do not accept any responsibility for injury, illness, loss, or damages
suffered by me and that obtaining insurance to cover these risks is my own responsibility. I acknowledge and
agree that it is my responsibility to have any insurance including, without limitation, medical, accidental disability
and death coverage and liability insurances, that I may wish to have or it is advisable to have in relation to my
being present at the WheelWOD Event and Venue. I acknowledge that (i) the Released Parties and any other person
at the WheelWOD Event and Venue do not, and will not have, insurance that covers me in connection with my
attendance at the WheelWOD Event and Venue, and (ii) I am not relying on the existence of the same in the decision
to be present at the WheelWOD Event and Venue at any time hereafter. Any insurance any of the Released Parties
may have shall in no way diminish my obligation to obtain insurance coverage applicable to me while being
present at the WheelWOD Event and Venue. The foregoing does not diminish the requirement of any party to have
any insurance required by law. I understand and agree that I am solely responsible for any medical costs and
expenses (including insurance costs) incurred directly and/or indirectly by me as a result of my attendance at the
WheelWOD Event and Venue for any reason. With respect to any Participant acting as a volunteer for the WheelWOD Event or Venue, I acknowledge and agree that such volunteer is not an employee of the WheelWOD Event and Venue regardless of any non-cash remuneration for time and services they may receive. I further understand and agree that volunteers are not covered by Workers’ Compensation, and accordingly, volunteers are encouraged to obtain their own medical insurance coverage. I assume all risk of personal injury, sickness or death, and damage to or loss of my belongings and property, and any and all other delay, inconvenience, damage, loss or other expenses I may suffer as a result of or in connection with the WheelWOD Event. I shall be fully responsible for my actions. I assume responsibility for my safety and that of others, including injuries, property damage and harm,
to the fullest extent possible and regardless of the acts or omissions of others.
8. Personal Property. I am responsible for the security and safety of my own property and any personal
effects I use, bring to or leave at the Venue or otherwise related to the WheelWOD Event, and that the Released
Parties cannot guarantee the security or safety of my property. Should I leave any property at the Venue or otherwise in the custody of the Released Parties, I do so at my sole and absolute risk. None of the Released Parties shall have any liability to me or anyone else in the event of loss, damage, destruction or use, whether
authorized or not, by any person or theft of any such property.
9. Indemnification. I SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN THE WHEELWOD EVENT, INCLUDING WITHOUT LIMITATION, MY BREACH OF THIS AGREEMENT OR THE WHEELWOD EVENT RULES AND POLICIES, ANY INDIVIDUAL I INVITE TO THE WHEELWOD EVENT OR VENUE OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE WHEELWOD EVENT.
10. Promise not to Bring Suit. I hereby agree and covenant not to, and shall cause the Releasors not to, bring
a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any
of them, for any loss or damage arising or resulting from my participation in the WheelWOD Event or my travel to
or from or presence at the Venue, and forever release and discharge the Released Parties or any of them from
liability under such claims.
11. Guests. I assume all risk of damage or injury to any individuals that I invite as guests at the WheelWOD Event or
Venue, whether I am present or not, and hereby agree to fully indemnify the Released Parties against any claims
for damages or injury suffered by my invited guests.
PUBLICITY RELEASE
12. Nature and Scope of Publicity Release. For good and valuable consideration, the receipt of which is
hereby acknowledged, by clicking the appropriate box and agreeing to this Agreement, I hereby irrevocably grant
to the WheelWOD Parties, the irrevocable, perpetual and unrestricted (except as expressly set forth below) right and
permission, to use and publish my appearance(“Publicity Rights”) in any and all media now or hereafter known
in connection with the WheelWOD Parties, the WheelWOD Event, the WheelWOD Parties’ goods, products or services, WheelWOD, LLC’s programming, or any related activities to any of the foregoing (all such medium in which
the Publicity Rights are used shall be referred to as the “Pictures”), for any commercial purpose whatsoever,
without royalty, payment or any other compensation whatsoever to me. For such use of the Publicity Rights and
the Pictures, I understand and agree that I will not be entitled to any compensation or consideration beyond my
participation in the WheelWOD Event. I further agree that the WheelWOD Parties may edit, alter, digitize, synchronize, reproduce or otherwise change the Pictures for any such purpose. I acknowledge that I shall have no, and hereby expressly disclaim, any ownership, authorship or moral rights in the Pictures or any part thereof.
13. Publicity Waiver. I hereby waive all rights and release, discharge and shall neither sue nor bring any
proceeding (including, without limitation, seeking any form of injunctive relief) against the WheelWOD Parties
and agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims,
demands, actions or causes of action, liabilities, costs, dues, sanctions, fees, penalties or expenses (including reasonable attorneys’ fees), of any kind, nature or description, which I or any of my successors or assigns may
now, or at any time, have or claim to have, now known or unknown, arising out of or alleged to arise out of or
related to any use of the Publicity Rights and/or the Pictures. In no event shall I have any right to injunctive or
other equitable relief against any of the Released Parties in connection with the Publicity Rights and/or Pictures.
14. Copyrights. The rights granted to the WheelWOD Parties herein include, without limitation, all rights of every
nature whatsoever in connection with use of the Pictures, including without limitation all copyrights (and any
other intellectual property rights) therein and renewals and extensions thereof. I acknowledge and agree that
all copyrights and rights of every other kind relating or pertaining to the Pictures described above are the sole
property of WheelWOD, LLC and I have no claim to the copyrights (or any other intellectual property rights) in the Pictures.
15. Acknowledgment. If Participant is under 18 years of age, Adult acknowledges that they are not only signing
this Agreement on Adult’s own behalf, but that Adult is also signing this Agreement on behalf of Participant and
that Participant is bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent
or legal guardian of Participant, Adult understands that they are also waiving rights on behalf of Participant.
Adult agrees that Participant would not be permitted to participate in the WheelWOD Event or use the Venue if
Adult did not sign this Agreement on Participant’s behalf. By signing this Agreement without a parent or legal
guardian’s signature, Participant, under penalty of fraud, represents that they are at least 18 years of age. Adult
represents that they are a legal parent or guardian of Participant.
16. Deleware Law, Jurisdiction. This Agreement shall be governed by and construed under the laws of the
State of Deleware, U.S.A., notwithstanding its conflict of law provisions. Any action or proceeding brought to
enforce the terms of this Agreement or adjudicate any dispute arising out of this Agreement shall be exclusively
brought in Newcastle County, in the State of Deleware. The parties will not raise in connection therewith, and
hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction,
the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of
Deleware. This Agreement fully, completely, and exclusively sets forth my agreement with the Released Parties
on the matters set forth herein and may only be amended in writing executed by both WheelWOD, LLC and myself.
I UNDERSTAND THAT THE TERMS OF THIS ASSUMPTION OF RISK / WAIVER OF LIABILITY / PUBLICITY RELEASE MEAN THAT I AM WAIVING CERTAIN IMPORTANT RIGHTS THAT I MIGHT OTHERWISE HAVE UNDER DELEWARE LAW.
17. Severability. In the event that any provision of this Agreement (or portion thereof) is determined by a
court of competent jurisdiction to be invalid or otherwise unenforceable, such provision (or part thereof) shall
be enforced or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the
remainder of this Agreement shall continue in full force and remain in effect according to its stated terms and
conditions.
18. Additional Acknowledgement of Participant.
(a) I UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO THIS AGREEMENT, I AM GIVING UP
CERTAIN LEGAL RIGHTS, INCLUDING PUBLICITY RIGHTS, THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY LOSS OR DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.
(b) I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY, AND FULLY UNDERSTAND ALL OF ITS
TERMS AND CONDITIONS. I AM PROVIDING MY ACKNOWLEDGMENT AND AGREEMENT THAT I HAVE HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION.
I hereby represent, warrant and covenant to the Released Parties that each of the following is true and accurate:
• I am at least 18 years of age and I have the right to contract in my own name or if I am under 18 years of
age, my Parent or Guardian may contract on my behalf.
• I have read this entire Agreement, understand the words and language in this Agreement, and agree to all
of the terms and conditions of this Agreement.
• I have read, understand, and agree to abide by the WheelWOD Event Rules and Policies.
• I am aware of, and voluntarily participate despite, the potential dangers and risks inherent to the WheelWOD
Event.
Participant’s Name:________________________________________________
Signature:_______________________________________________________
Date:_________________________________
Participant or legal guardian, if the participant is under the age of 18:
As the parent or guardian of Participant whose name appears above, I hereby confirm that I have read this
Agreement and accept each and every provision of this Agreement on behalf of myself (as if a direct signatory to
this Agreement) as well as on behalf of Participant, intending that this Agreement be irrevocably binding upon me,
upon Participant, and upon each of my and Participant’s respective heirs, executors, administrators and assigns.
I represent and warrant that I am at least 18 years of age, that I am the parent or legal guardian of the above
Participant, and that I have legal authority to enter into this Agreement and to bind the Participant.
Parent / Guardian Print Name:____________________________________
Signature:____________________________________________________
Date:__________________________________
I agree to the ASSUMPTION OF RISK / WAIVER OF LIABILITY / PUBLICITY RELEASE