VTO SPORTS, LLC
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Football and Track & Field Events
3020-I Prosperity Church Rd, Suite 19674, Charlotte, NC 28269
For and in consideration of VTO Sports, LLC (“VTO Sports” or the “Organizer”) allowing me, the registrant, to participate in the football, track & field, or related athletic event I am registering for herein (the “Event” or “Events”), I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”):
1. Participant Representations
I hereby represent that (i) I am at least eighteen (18) years of age (or this Agreement is also agreed to by my parent, natural guardian, or legal guardian (the “Guardian”)); (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well-being at all times and under all circumstances while at the Event site, and that I will use any protective equipment (including but not limited to helmets, pads, mouthguards, or cleats) required or recommended for my participation.
2. Assumption of Risk
I understand and acknowledge that participation in football, track & field, and related athletic activities is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event, including without limitation: the potential for serious bodily injury, sickness and disease (including communicable disease), concussion or other head, neck, or spinal injury, permanent disability, paralysis and loss of life; physical contact and collisions with other participants, coaches, officials, or spectators; the use and failure of protective and athletic equipment; running, throwing, kicking, tackling, blocking, or flag-pulling activity, as applicable to the sport; exposure to extreme weather conditions; imperfect field, track, or surface conditions (including turf, grass, hard surfaces, and adjacent hazards); land and structural hazards at the facility or venue; participants of varying age, size, and skill levels; situations beyond the immediate control of the Event Organizers (as defined in Section 4 below); and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, or the actions or inactions of others participating in or organizing the Event, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties (as defined in Section 4 below).
3. Rules and Conduct
I agree to be familiar with and to abide by the rules and regulations established for the Event, including but not limited to any competition rules, age and division requirements, and safety regulations adopted by VTO Sports and/or the facility or venue for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and for the condition and adequacy of my own equipment.
4. Release, Waiver, Indemnification, and Facility Release
I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties, as relevant and applicable in each instance: VTO Sports, LLC and its owners, members, managers, employees, contractors, and volunteers; the event directors, coaches, officials, and host organization; any facility, venue, and property owners, operators, lessees, and managers on or at which the Event takes place (collectively, the “Facility”); any other organizers, promoters, sponsors, advertisers, and vendors for this Event; law enforcement agencies and other public entities providing support for the Event; and each of their respective parent, subsidiary, and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, and volunteers (individually and collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.
Facility Release
Without limiting the foregoing, I specifically release the Facility, and its owners, operators, lessees, managers, employees, and agents, from any and all Liability arising from or related to the condition of the premises, fields, courts, tracks, equipment, parking areas, seating, or other areas made available for the Event, except to the extent caused by the gross negligence and/or willful misconduct of the Facility. I acknowledge that the Facility is not the organizer of the Event and bears no responsibility for the operation, supervision, coaching, or officiating of the Event.
I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which may be incurred as the result of such claim, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties, as relevant and applicable in each instance.
5. Photo, Video, and Production Rights
As a condition of my participation in the Event, I hereby grant VTO Sports, the event director, the host organization, and their designated sponsors, partners, and media affiliates a worldwide, royalty-free, and irrevocable license to photograph, film, record, and otherwise capture my name, likeness, image, photograph, voice, video, athletic performance, statistics, and biographical information (collectively, “Likeness”), whether captured by VTO Sports’ own personnel or by credentialed third-party media, broadcasters, or content creators covering the Event.
I agree that VTO Sports and its designees may use, reproduce, edit, crop, caption, and distribute this Likeness, in whole or in part, across any media platform or format now known or later developed, including without limitation broadcast and cable television, streaming and digital platforms, social media, websites, print, out-of-home, and archival footage, without charge, restriction, prior review, or approval, for the purposes of advertising or promoting the Event, VTO Sports, its properties and programs, the sport, and its sponsors and partners.
I understand that this license is granted without compensation to me, is not limited in duration, and survives the conclusion of the Event. I acknowledge that VTO Sports may license or assign rights to this Likeness to sponsors, media partners, and broadcast outlets in connection with the promotion or production of Event-related content. The foregoing grant does not constitute consent for VTO Sports or any third party to use my Likeness in a direct product or service endorsement without my specific written consent.
6. General Provisions
I hereby warrant that I (or the Guardian, if I am under the age of 18) am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by accepting it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have accepted this Agreement without any inducement, assurance or guarantee, and intend for my acceptance to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
7. Guardian Acknowledgment (Participants Under Age 18)
If the participant is under the age of 18, the Guardian hereby agrees to release and discharge the Released Parties as follows:
a) The Guardian acknowledges and understands that the Event is inherently dangerous and represents an extreme test of a person’s physical and mental limits. Further, the Guardian acknowledges and understands the Risks, as defined above.
b) The Guardian acknowledges the rights waived by both the Guardian and the participant by accepting this Agreement, including the rights described in Section 5 above regarding Photo, Video, and Production Rights.
c) The Guardian acknowledges that the Guardian will indemnify the Released Parties from any and all Liability which may arise out of, result from, or relate in any way to the participant’s participation in the Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.