FightersRep Liability/Publicity Release and Ticket Agreement
Assumption of the Risk. The Contestant understands that by participating in this bout promoted by FightersRep LLC (the “Promoter”), which is a contest of unarmed combat, the Contestant is engaging in an abnormally dangerous activity. The Contestant further understands that this participation subjects each Contestant to a risk of severe injury or death, as well as the contraction of diseases, viruses and illnesses such as Coronavirus/COVID 19. The Contestant, with full knowledge of the risks, nonetheless, agrees to enter into this agreement and participate in the bout, and hereby assumes the risks attendant to participation in the contest, and waives any claim that the Contestant or Contestant’s heirs or assignees, respectively, may have against FightersRep LLC, its owner(s), officers, directors, employees, contractors, vendors, sponsors, volunteers, agents, and all of its associates including venues and their staff, officials licensed by the California Amateur Mixed Martial Arts Organization (“CAMO”), International Sport Karate Association (“ISKA”), America Combat Experts (“ACE”), International Kickboxing Federation (“IKF”), the California State Athletic Commission (“CSAC”), the Florida Athletic Commission, or any other sanctioning body, as the result of any injury the Contestant may suffer as a result of the Contestant’s participation in the bout.
Release. The Contestant hereby releases, discharges, holds harmless, and covenants not to sue the Promoter, its owner(s), officers, directors, employees, contractors, vendors, sponsors, volunteers, agents, and all of its associates including venues and their staff, officials licensed by CAMO, IKF, CSAC or any other sanctioning body, and the venue from all liability, claims, demands, losses, or damages suffered by Contestant and/or their personal representatives, assigns, heirs, and/or next of kin for any loss, damage, disease, virus, illness, or injury to their persons or property, including injury leading to death caused or alleged to be caused in whole or in part by the ordinary active or passive negligence of the Promoter, other contestants, or otherwise, including negligent rescue operations, in connection with the participation in, officiating at, observation of, or conducting of any Kickboxing or other combat sports contests, exhibitions, or other activities.
Indemnification. The Contestant further agrees that if, despite this release, they or anyone on their behalf makes a claim against the Promoter or its associates based on claims or causes of action for which they have released the Promoter, Contestant will indemnify, defend, save and hold harmless the Promoter from any litigation expenses, attorney fees, loss liability, damage or costs any may incur as the result of any such claim.
Interpretation. The Contestant expressly agrees that the foregoing release, waiver and indemnification provisions are intended to be as broad and inclusive as is permitted by the law of the State where the bout occurs, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. The Contestant states that they have read this release, and agree that no oral representations, statements or inducement apart from the foregoing have been made.
Name, Likeness, Intellectual Property and Media Rights. The Contestant agrees that Promoter shall have the exclusive right, and may grant to others the right, to disseminate, display, reproduce, use, print, publish, and make any other use for profit or not of various non-confidential information concerning the Contestant’s participation with Promoter including the Contestant’s name, voice, persona, signature, appearance and/or likenesses, biographical material concerning Contestant, and the Contestant’s results/performance in the Bout as news or informative matter and/or in connection with advertising, publicizing and exploiting the Bout for commercial purposes and for profit or not, including, but not limited to, the right to use and authorize others to use the same in connection with the broadcast of all or part of the Bout, any recordings of the Bout (including home video), and the credits of the Bout, in trailers, commercial tie-ups, and all other forms and media of advertising and publicity. This exclusive right applies to all bouts and promotional or bout-related functions Contestant has participated in with Promoter past, present, and future.
Entire Agreement and Modifications. This agreement constitutes the entire agreement of the parties and is intended as a complete and exclusive statement of the promises, representations, and other agreements that may have been made in connection with the specific subject matter hereof. No modification or amendment to this agreement shall be binding upon the parties unless it is in writing, and signed by the respective parties hereto.
Notices. All notices or other communications required or permitted to be given under this release and agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic facsimile, by electronic mail or regular mail to the appropriate party at the last known address on record with the Promoter. It is the Contestant’s responsibility to notify the Promoter of any change of address.
Waiver of Breach. Failure to declare a breach of the agreement or its terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to any breach of the agreement.
Dispute Resolution/Waiver of Class Claims. The Contestant to this agreement agrees to mediate any and all claims against the Promoter, its owner(s), officers, directors, employees, contractors, vendors, sponsors, volunteers, agents, and all of its associates prior to the commencement of any legal action. Mediation fees shall be divided equally among the Parties involved. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. Any dispute or claim which cannot be resolved at mediation shall be resolved through mandatory binding arbitration pursuant to the JAMS Streamlined Arbitration Rules & Procedures on an individual basis with no class relief available. The hearing shall be conducted in the county that encompasses the Venue in which the bout occurred. The costs shall be born equally between the parties. Prevailing party is entitled to recover reasonable attorney’s fees and costs, including expert witness fees.
Insurance. Promoter maintains insurance as required by the applicable sanctioning body. Given that the Contestant is engaging in an abnormally dangerous activity, Promoter suggests the Contestant maintains Health Insurance and Life Insurance Policies.
Agreement to Deal Electronically. Both Promoter and Contestant agree to conduct this release and agreement electronically. Contestant attests that no person but him or herself has electronically signed to and agreed to this release/agreement.
TICKETS. The Contestant is responsible for providing a correct address for promoter to send tickets to and for maintaining control of every ticket they are given for sale. The Contestant is to turn in all ticket money and unsold tickets to the Promoter at weigh-ins, and no later. If this is not done, the Contestant will be prohibited from competition. Lost or missing tickets are the Contestant’s responsibility and are to be paid for by the Contestant. Suspension from all combat sports may result in failure to turn in tickets.
COMMERCE CASINO RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
In consideration for being permitted to enter and utilize the facility and services of the California Commerce Club, Inc., (dba The Commerce Casino & Hotel, hereinafter “Commerce”) including but not limited to observation or use of facilities or equipment, or participation in any program affiliated with Commerce without respect to location, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering or participating will inspect and carefully consider such premises and facilities or the affiliated program. It is further warranted that such entry into Commerce for observation or use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgement that such premises and all facilities and equipment thereon and such affiliated programs have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use, or participation.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER COMMERCE FOR ANY PURPOSE AS DESCRIBED ABOVE, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
- THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE COMMERCE or its directors, officers, employees, and agents (hereinafter referred to as “releasees”) from all liability to the undersigned, his/her personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in, upon, or about the premises or any facilities or equipment therein, or participating in any program affiliated with Commerce without respect to location.
- THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in, upon, or about Commerce’s premises or in any way observing or using any facilities or equipment of Commerce, whether caused by the negligence of the releasees or otherwise.
- THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to the acts or omissions of releasees, whether negligent or otherwise, while in, about, or upon the premises of Commerce and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with Commerce.
- THE UNDERSIGNED further expressly agrees that this release is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. The undersigned represents that s/he is authorized and empowered to execute this Agreement on his/her behalf or on behalf of the party for whom they are signing and can bind such party to the terms and conditions in this Agreement.
