NAFFL Youth Flag Football
EBH Fitness LLC, d/b/a National Adult Flag Football League (“NAFFL”), and NAFFL affiliates and subsidiaries, including without limitation NAFFL, NAFFL Youth Football, Sun City Showcase (SCS), Top Gun Elite Showcases (TGES), Howard Family Media Group (HFMG), Fieldhouse Sports Entertainment Network (FSEN) (collectively EBH Fitness) is a separate and distinct entity from the National Football League (as defined in the National Football league Waiver(“NFL”)). However, the NFL requires all registrants receiving Services from EBH Fitness to agree to the following National Football League Waiver.
NFL FLAG: Player Registration Agreement
(Terms and Conditions)
I agree to the terms and conditions of this agreement (this “Player Registration Agreement”), and I agree, warrant and covenant as follows:
1. PERMISSION TO PARTICIPATE. I certify that I (i) am the parent or legal guardian of the child (“Participant”) being allowed to participate in the NFL FLAG program, including regional and national tournament(s) (the “Program”), as part of a NFL FLAG Football league administered by a local league organizer; (ii) am of legal age and am freely signing this Player Registration Agreement without any inducement or assurance of any nature; and (iii) have read this Player Registration Agreement and understand that, by signing this Player Registration Agreement, I may be giving up certain legal rights and remedies. I agree that the terms and conditions of this Player Registration Agreement are binding on both me and the Participant.
2. RELEASE OF LIABILITY. In return for the Participant being allowed to participate in the Program, I, on behalf of myself, the Participant and each of the other Releasors (as defined below), hereby release and agree not to sue Reigning Champs Football LLC (“Reigning Champs”), the National Football League (collectively with the other NFL affiliates, “NFL”), its thirty-two professional football member clubs, NFL Properties LLC, NFL Ventures, L.P., the National Football League Foundation, each of their respective affiliates and each of the employees, officers, directors, direct and indirect owners, sub-contractors, sponsors, business partners and agents of each of the foregoing entities (collectively, the “Releasees”) from or for, as applicable, all present and future liabilities, claims and causes of action of any kind, whether at law or in equity, that may be made by the Participant, me, my family, estate, heirs or assigns (collectively, the “Releasors”) arising as a result of or in connection with the Participant’s participation in the Program, wherever, whenever, or however the same may occur, including but not limited to actions for property damage, personal injury or wrongful death. I understand and agree that the Releasees are not responsible for any death, injury or property damage arising out of the Program, even if caused by their ordinary negligence. I understand that participation in the Program involves certain risks, including, but not limited to, concussion, serious injury, death or permanent disability. I am voluntarily allowing Participant to participate in the Program with knowledge of the dangers involved and agree to accept all risks of such participation. I certify that the Participant is in excellent physical health and may participate in strenuous and hazardous physical activities, including the football to be played in the Program.
I also agree to indemnify and hold harmless Releasees for all liabilities, claims, damages, causes of action, costs and expenses of any kind arising out of or in connection with Participant’s participation in the Program or any all related activities. I understand that this release and indemnification is intended to be as broad and inclusive as permitted by the laws of the state in which the Program is taking place and agree that if any portion of this Player Registration Agreement is invalid, the remainder will continue in full legal force and effect. I further agree that any legal proceedings related to this waiver will take place in Chicago, Illinois.
I hereby expressly waive all rights under Section 1542 of the Civil Code of the State of California, and under any and all similar laws of any jurisdiction. I am aware that said Section 1542 of the Civil Code provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
I hereby acknowledge, for myself and on behalf of each of the other Releasors, that the foregoing waiver of the provisions of Section 1542 of the California Civil Code is a material term and condition of this Agreement. I, for myself and each of the other Releasors, expressly acknowledges that this Player Registration Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including those terms and provisions relating to unknown and unsuspected claims, demands, and causes of action, if any, to the same effect as those terms and provisions relating to any other claims, demands, and causes of action hereinabove described. I, for myself and each of the other Releasors, acknowledges that each is fully aware that they might hereafter discover facts or other information in addition to or different from those which they now know or believe to be true, with respect to the subject matter of the claims released in this Section 2. Nevertheless, the Releasors intend to hereby fully, finally, and forever settle and release all matters, disputes, differences, known or unknown, suspected or unsuspected, which might now exist or heretofore might exist in connection with such claims. The releases given herein shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different facts or information.
3. INTELLECTUAL PROPERTY RIGHTS. I hereby acknowledge and agree, for myself and on behalf of Participant, that Reigning Champs exclusively and in perpetuity owns and controls any and all rights to video tape, broadcast, telecast, film, exhibit, distribute, photograph, exploit, record, print or otherwise reproduce, and any and all rights to authorize others to do so, any film, audio, depiction, audio-visual, video, image, statistic, data (of any kind), photo or sound arising from, related to or during any Program event (the “Works”) in any manner whatsoever, alone or in composite and/or conjunction with other materials, in any and all media, whether now known or hereafter devised (“Media”), in or by any manner, method or device (whether now known or hereafter devised), and all other rights, privileges, benefits, matters and things incident to or arising out of all or any of the foregoing, including, without limitation, for any and all commercial purposes, including for purposes of advertising and promoting the Program. I hereby grant, for myself and on behalf of the Participant, to Reigning Champs and the other Releasees the exclusive, perpetual, royalty-free, irrevocable, fully-paid up, worldwide right to use, exhibit, edit, disseminate, display, reproduce, print, publish, publicly perform and make any other uses of my or the Participant’s image, name, sobriquet, marks, logos, voice, movements, gestures, actions, persona, signature, likeness, uniform, biomaterial, biographical material and other indicia and attributes of Participant, in any manner whatsoever, alone or in composite and/or conjunction with any other materials, on, via or through any and all Media, in connection with, related to or for any purpose of: (i) any of the rights to the Works described in the foregoing paragraph; (ii) any advertising, promotion, publicity, operation or exploitation of Releasors or the Program and (iii) on the Website (as defined below) in connection with any postings of team rosters or game stories.
4. EMERGENCY MEDICAL TREATMENT. Permission is hereby granted for Participant to receive any and all emergency medical/dental treatment and/or first aid, including authorizing any medical treatment facility/hospital to administer emergency treatment for any illness, injury or accident resulting from participation in the Program. In addition, I hereby authorize, give permission and voluntarily consent to having Reigning Champs, medical and athletic training providers appointed by Reigning Champs and their respective employees or agents to arrange, direct, sign for and consent to all routine or emergency medical care and treatment necessary to preserve my child’s health in the event of accident, injury, sickness, etc. during participation in the Program. I acknowledge responsibility for reasonable charges in connection with the care and treatment rendered. I agree to the release of any medical records necessary for insurance purposes. I further acknowledge that Reigning Champs and medical and athletic training providers appointed by Reigning Champs have not made any guarantees as to the effect of such care and treatment rendered.
5. AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT. I represent and warrant to the Releasees that I have full legal authority to complete and submit this Player Registration Agreement via www.NFLFLAG.com (the “Website”). In addition, to the extent that I am registering on behalf of the Participant, I represent and warrant that I have been duly authorized to act as agent on behalf of the Participant in performing such registration. By proceeding with such registration, I agree that the terms of this Player Registration Agreement shall apply equally to me and to the Participant.
Compliance with Children’s Online Privacy Protection Act (“COPPA”). I represent and warrant that, in compliance with COPPA, I am over thirteen (13) years of age, and that, to the extent I am registering a Participant under eighteen (18) years of age, I am the parent or legal guardian of such Participant, and I do hereby consent to the collection of such Participant’s personal information by the Releasees.
6. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. THE RELEASEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM:
A. ANY AND ALL DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATEVER KIND OR NATURE, ARISING OUT OF ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, BODILY AND PERSONAL INJURIES, DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF, INCLUDING ANY INJURY, DAMAGE, DEATH OR DISABILITY RESULTING FROM PARTICIPATION BY THE PARTICIPANT IN THE PROGRAM, OR THE COST OF PROCUREMENT OF GOODS AND SERVICES IN CONNECTION WITH THE PROGRAM;
B. THE USE OR THE INABILITY TO USE THE WEBSITE; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE.
I EXPRESSLY AGREE THAT PARTICIPATION IN THE PROGRAM OR USE OF THE WEBSITE IS AT THE PARTICIPANT’S OR MY, AS APPLICABLE, SOLE RISK. THE PROGRAM AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. THE RELEASEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.
The Releasees make no warranty that the Website’s services will be uninterrupted, secure or error free. The Releasees do not guarantee the accuracy or completeness of any information in, or provided in connection with, the Website. The Releasees are not responsible for any errors or omissions, or for the results obtained from the use of such information. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.
7. INDEMNIFICATION. I agree to indemnify and hold each of the Releasees and their officers and employees harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of participation by Participant in the Program (including without limitation in connection with any medical treatment offered or given to Participant) or my and/or Participant’s use of the Website or the violation of any term of this Player Registration Agreement or the NFL FLAG Football Terms of Service (located at www.NFLFLAG.com) by me.
8. APPLICABLE LAW; CONSENT TO JURISDICTION. This Player Registration Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of law rules. I expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Illinois or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Illinois located in Cook County, in all disputes arising out of or relating to this Player Registration Agreement.
9. SEVERABILITY. I further expressly agree that this Player Registration Agreement is intended to be as broad and inclusive as is permitted by law and that if any provision of this Player Registration Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Player Registration Agreement and shall not affect the validity and enforceability of any remaining provisions.
10. USE OF PERSONAL INFORMATION. The Releasees may use Personal Information (as defined below) for the purposes of order processing, fulfillment, customer service, and renewal or as otherwise described herein, in the NFLFLAG.com Privacy Policy or in writing at the time that such Personal Information was collected. In addition, Releasees may use any Personal Information for the purposes of promoting or marketing the Releasees’ programs, services, and events. “Personal Information” shall include any information about users of the Website obtained by the Releasees or any information provided to the Releasees by registrants, magazine subscribers or other users of the Website.
11. NO USE OF MARKS. I understand that I shall have no right to use any of the NFL Marks (as defined below) or any of the Reigning Champs Marks (as defined below) for any purpose whatsoever without the prior written approval of the Releasees in each instance (such approval to be granted or withheld in the Releasees’ sole discretion after a formal logo request process has been initiated by me). For the purposes of this Agreement, “NFL Marks” means the names, symbols, emblems, designs, and colors of the National Football League and the Member Clubs, including, without limitation, the terms “National Football League”, “NFL”, “National Football Conference”, “American Football Conference”, “NFC”, “AFC”, “Super Bowl”, “Pro Bowl”, the NFL Shield design, the NFL FLAG Football trademarks and the NFL Punt, Pass and Kick trademarks, as well as the full team names, nicknames, helmet designs, uniform designs, logos and slogans of the Member Clubs, and any other indicia adopted for commercial purposes by the NFL or any of its Member Clubs. For the purposes of this Agreement, “Reigning Champs Marks” means the names, logos, symbols, emblems, and designs of Reigning Champs and its affiliates and any indicia adopted for commercial purposes by Reigning Champs or any of its affiliates. I acknowledge and agree that all right, title and interest in and to the NFL Marks and Reigning Champs Marks belong to the NFL and Reigning Champs, respectively. I agree that the NFL Marks and Reigning Champs Marks possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained by their unauthorized use. Notwithstanding anything to the contrary herein, I recognize that irreparable injury would be caused by the unauthorized use of any of the NFL Marks or Reigning Champs Marks, and agree that injunctive and other equitable relief from a court of competent jurisdiction would be appropriate in the event of such unauthorized use, and that such remedy would not be exclusive of other legal remedies. I recognize that the great value and goodwill associated with the NFL Marks and Reigning Champs Marks belongs to the NFL and Reigning Champs respectively and that such marks have secondary meaning.
BY INDICATING MY ACCEPTANCE OF THIS PLAYER REGISTRATION AGREEMENT, I AM AFFIRMING, FOR MYSELF AND ON BEHALF OF THE PARTICIPANT, THAT I HAVE READ AND UNDERSTAND THIS PLAYER REGISTRATION AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT THE PARTICIPANT AND I ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS PLAYER REGISTRATION AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
NFL Flag Waiver