RELEASE AND WAIVER OF LIABILITY
In consideration of my participation and/or
viewing and, if listed above, the participation and/or viewing of my children
or the children on whose behalf I am agreeing to this Waiver (my “Children”) in the
Huddle Up for Autism Event to be held on Sunday, March 30, 2025 at Lincoln
Financial Field, One Lincoln Financial Field Way, Philadelphia, Pennsylvania
19148 (the “Event”) and, intending to be legally bound hereby:
- I understand the Event involves physical
activity and exertion and that there is a risk of injury by my Children’s and
my participation in the Event. I
represent that my Children and I are in sound physical condition and are
physically able to participate in the Event.
Neither my Children nor I have any pre-existing injuries or conditions
which present a risk of injury or aggravation by such participation in the
Event. I ASSUME THE RISK of my Children’s and my participation in and/or
viewing of the Event.
- For myself individually and for my Children in
their individual capacity, I RELEASE
FROM ANY AND ALL LIABILITY, WAIVE
ALL CLAIMS, ACTIONS AND CAUSES OF ACTION WHICH I OR MY CHILDREN NOW HAVE OR MAY
HEREAFTER HAVE AGAINST, AND AGREE
NOT TO SUE Philadelphia Eagles, LLC, Philadelphia Eagles Limited
Partnership, Eagles Stadium Operator, LLC, Eagles Stadium, Inc., Stadium
Purchaser, LLC, Philadelphia Eagles Development, L.P., Philadelphia Eagles
Development, Inc., Philadelphia Eagles, Inc., Eagles Autism Challenge, Inc., the
City of Philadelphia, the Commonwealth of Pennsylvania, the Philadelphia
Authority for Industrial Development, the Philadelphia Industrial Development
Corporation, the respective subsidiaries and affiliates of each of the
foregoing entities, and all of their respective direct and indirect, past,
present and future officers, directors, members, managers, shareholders,
affiliates, subsidiaries, partners, owners, agents, representatives, attorneys,
employees, sponsors, licensees, contractors, successors and assigns
(collectively, the “Eagles Organization”), FOR
ANY ACCIDENTS, PERSONAL INJURIES, OR DAMAGES TO PERSON OR PROPERTY WHICH OCCUR
WHILE WE ARE PRESENT AT THE EVENT, OR IN ANY WAY ARISE OUT OF THE PARTICIPATION
OF AND/OR VIEWING OF THE EVENT, WHETHER OR NOT AND INCLUDING IF THE EAGLES
ORGANIZATION WAS NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS OR OTHERWISE AT FAULT.
- WAIVER OF CLAIMS RELATED TO COVID-19: I am aware that the novel coronavirus (“COVID-19”)
has been declared a global health pandemic and that COVID-19 is a highly
contagious disease that may cause serious physical symptoms, permanent
disability, or death. Although the
science is evolving, COVID-19 is believed to be spread through person-to-person
contact, contact with contaminated surfaces, and potentially the air. I acknowledge that attending the Event
presents a risk of exposure to COVID-19, and I agree to accept that risk. For myself individually and for my Children
in their individual capacity, I RELEASE FROM ANY AND ALL LIABILITY, WAIVE ALL
CLAIMS, ACTIONS AND CAUSES OF ACTION WHICH I OR MY CHILDREN NOW HAVE OR MAY
HEREAFTER HAVE AGAINST, AND AGREE NOT TO SUE the Eagles Organization for harm
that may occur due to exposure to COVID-19, WHETHER OR NOT AND INCLUDING IF THE EAGLES
ORGANIZATION WAS NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS OR OTHERWISE AT FAULT.
- AGREEMENT TO ARBITRATE AND CLASS-ACTION WAIVER: I agree that any dispute or claim related to my or my
Children’s attendance at the Event or this Agreement and Release will be
resolved by binding arbitration, rather than in court. I AGREE THAT I AM GIVING UP MY RIGHT TO FILE
A LAWSUIT in court and instead of having my case decided by a judge or jury, my
case will be decided by a neutral arbitrator who has the power to award
damages. This agreement to arbitrate
shall also apply to any minors for whom I am signing, and spouses, heirs, and
others. Arbitration under this Agreement
shall take place in Philadelphia, Pennsylvania and be conducted under the rules
of the American Arbitration Association (AAA).
In the event this paragraph is deemed invalid or unenforceable, I agree
that any claim or controversy relating to the Event or this Agreement and
Release will be resolved exclusively in a court located in the Commonwealth of
Pennsylvania (and each party hereto waives any right to object to venue). I further agree that any claims and disputes
must be resolved on an individual basis and not on a class basis.
- APPPEARANCE RELEASE: I grant the Eagles Organization permission to
use my Children’s and my name, photographs, voices and likeness for any and all
promotional or commercial purposes without further compensation. I agree that the
Eagles Organization may tape and photograph me and my children, and record my Children’s
and my voices, conversations and sounds, including any performance of any
musical composition(s), during and in connection with my children’s and my
appearance at the Event and that the Eagles Organization shall be the exclusive
owner of the results and proceeds of such taping, photography and recording
with the right, throughout the world, an unlimited number of times in
perpetuity, to copyright, to use and to license others to use, in any manner,
all of any portion thereof or of a reproduction thereof in connection with the
Eagles Organization or otherwise. For
purposes of clarity, I expressly waive any and all moral rights my Children or I
may have in connection with my Children and/or my appearance. I further agree
that the Eagles Organization may use and license others to use my Children’s
and/or my names, voice, likeness and any biographical material concerning me or
my Children which my Children or I may provide, in any and all media and in the
promotion, advertising, sale, publicizing and exploitation of the Eagles
Organization and/or otherwise and ancillary products (e.g., merchandise) of the
Eagles Organization or the Eagles Organization’s affiliated services,
throughout the world in all media, an unlimited number of times in
perpetuity. I further represent that any
statements made by me during my appearance are true, to the best of my
knowledge, and that neither they nor my appearance will violate or infringe
upon the rights of any third party. I hereby waive any right of inspection or
approval of my Children or my appearance or the uses to which such appearance
may be put. I acknowledge that the Eagles Organization will rely on this
permission potentially at substantial cost to the Eagles Organization; I hereby
agree not to assert any claim of any nature whatsoever against anyone relating
to the exercise of the permissions granted hereunder and I voluntarily release
the Eagles Organization from any possible claims.
- I acknowledge that should any portion or clause of this Release and Waiver of
Liability (“Release”) be found to be unenforceable, that such a finding shall
not have any effect on the enforceability of the remainder of the Release, and
such finding shall be construed as narrowly as possible to effectuate the
remaining terms of the Release.
- I hereby certify that I am 18 years of age or older and:
I am agreeing to this Release and Waiver of Liability on behalf of myself only; or
I represent that either I am the parent or legal guardian of the Children named in the textbox above or I have been authorized by the parents or legal guardian of such Children to agree to this Release and Waiver of Liability on their behalf.
I AM AGREEING TO THIS RELEASE VOLUNTARILY, OF MY OWN FREE WILL, AND WITH THE INTENT TO BE LEGALLY BOUND UNDER THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA.
BY AGREEING TO THIS RELEASE, I UNDERSTAND THAT I AM AGREEING TO GIVE UP CERTAIN OF MY CHILDREN’S AND MY LEGAL RIGHTS.