DEPICTON RELEASE and RELEASE OF LIABILITY
In consideration of participation in the GYA 100th Opening Regatta (the "Regatta"), hosted by the St. Andrews Bay Yacht Club (the "Host"), on March 2 - 3, 2020, organized by St. Andrews Bay Yacht Club under the auspices of the Gulf Yachting Association (collectively, and individually, the "Organizer"), and sponsored by the Organizer and other local, regional and national sponsors (collectively, the "Sponsors"), the undersigned participant (“Participant”) and if such Participant is a minor, the Participant’s parent or legal guardian (“Parent/ Guardian”), hereby grant to the Host and Sponsors, perpetually and irrevocably, the unconditional and exclusive right, title and interest throughout the world to use, simulate and portray Participant’s name, likeness, voice, personality, personal identification, and personal experiences, incidents, situations and events, whether visual and/or audio, including without limitation photographs, videotape, film and other recordings, electronic or optical-based media, or any other form or medium whatsoever, whether now or hereafter existing, and of every kind and character (collectively “The Images”), which may be taken or taken of Participant while participating in the Regatta or attending or participating in any of the social activities related to the Regatta. Participant and Parent/Guardian understand and agree that the Host and one or more of the Sponsors will be the owner(s) of any and all right, title and interest in and to the Images, in any derivative works, and in any merchandising, advertising, promotional and publicity rights and materials related thereto in all media of every nature whatsoever, whether now known or hereafter devised. Participant reserves no rights with respect to such uses. Participant and Parent/Guardian acknowledge the Host's and Sponsors’ right, title and interest in and advertisement, promotion, distribution and sale of products or events directly or indirectly related to the Regatta. Participant and Parent/Guardian agree that the Host and Sponsors shall have unlimited right to vary, change, alter, modify, add to, and delete from any depictions of Participant in the Images and to rearrange and/or transpose such depictions as each may determine. Participant and Parent/ Guardian hereby waive any right to inspect, review or approve the Images and their use by the Host and Sponsors and acknowledge that they are to receive no payment with respect to any matter referred to herein and that any and all of the rights granted herein are freely assignable by the Host and/or Sponsors.
PARTICIPANT AND PARENT/GUARDIAN, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES AND NEXT OF KIN (COLLECTIVELY, “RELEASERS”), HEREBY FOREVER WAIVE, RELEASE AND DISCHARGE THE HOST AND SPONSORS AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, MEMBERS, MANAGERS. EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES (EACH A “RELEASED PARTY”) FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION THAT RELEASORS MIGHT NOW OR HEREAFTER HAVE FOR LIBEL, DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, INFRINGEMENT OF COPYRIGHT OR TRADEMARK, OR VIOLATION OF ANY OTHER RIGHT ARISING OUT OF OR RELATING TO ANY UTILIZATION OF THE RIGHTS GRANTED UNDER THIS DEPICTION RELEASE.
RELEASE OF LIABILITY
In consideration of participation in the GYA 100th Opening Regatta (the "Regatta"), hosted by the St. Andrews Bay Yacht Club, Inc. (the “Host”), on May 2-3, 2020, organized by the St. Andrews Bay Yacht Club under the auspices of the Gulf Yachting Association (collectively and individually, the "Organizer"), and sponsored by the Organizer and other local, regional and national sponsors (collectively, the “Sponsors”), the participant (“Participant”), and if such Participant is a minor, the Participant’s parent or legal guardian, on behalf of themselves and their respective heirs, executors, administrators, personal representatives and next of kin (collectively with Participant, “Releasors”), hereby forever waive, release and discharge each of the Host, the Organizer, the Sponsors and their respective parents, subsidiaries, affiliates, owners, members, managers, employees, officers, directors, agents, representatives, successors and assigns (each a “Released Party”) from any and all claims, demands, damages, judgments, executions, rights of action or causes of action, present or future, whether the same be known, anticipated or unanticipated, which a Releasor may have, or claim to have, against any Released Party resulting from death, personal injury, property damage or other loss Releasor may sustain as a result of participating in any part of the Regatta, or other activities related thereto.
THIS RELEASE IS INTENDED TO DISCHARGE EACH RELEASED PARTY FROM ANY AND ALL LIABILITY ARISING OUT OF OR CONNECTED IN ANY WAY WITH RELEASOR’S PARTICIPATION IN THE REGATTA AND ASSOCIATED ACTIVITIES EVEN IF THAT LIABILITY ARISES OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF ANY RELEASED PARTY.
Releasors hereby acknowledge that serious accidents occasionally occur during sailing activities and that mortal or serious personal injuries and/or property damage or other loss may result from participation in the Regatta. Releasors knowingly assume all risks of participation in the Regatta, including all risk of personal injury and loss of or damage to the Releasors or their property, including further injury sustained as the result of the efforts of third parties who come to the aid of Releasor(s) if injured as a result of participation in the Regatta, and release all other persons and entities mentioned above who might otherwise be liable to Releasors. Releasors agree to abide by all rules of the Host, Organizer, and Sponsors in connection with participation in the Regatta and understand that the failure to observe and obey such rules may result in instant revocation of Releasor’s(s’) right to participate in the Regatta.