I hereby acknowledge that: (i) I have read and understand, and I meet and agree to be bound by, the Terms and Conditions for WRESTLING MS (ii) I have answered (and will answer) all questions posed to me as part of the application process honestly, accurately and to the best of my ability and knowledge; (iii) if any of the information that I provide to WMS is found to be false, this will be grounds for my dismissal from the application process, and/or from the WMS Bike Program and Cycling Team itself even if 1 am ultimately selected as a participant; (iv} even if I meet the eligibility requirements, WMS has no obligation to interview me and/or select me as a Sponsored Rider; (v) all decisions by WMS concerning selection of Sponsored Riders and other matters is final and not subject to challenge or appeal; and (vi) WMS owns, and are not obligated to return or maintain (and may destroy), any materials submitted as part of my application (including, but not limited to, videos, digital images and photographs) whether or not I am selected as a Sponsored Rider. For purposes of this release, WMS shall mean WRESTLING MS, Inc. and Les Wrestles MS, LLC., including each of their respective parents, licensees, assigns, subsidiary and affiliated companies, successors and assigns and their respective directors, officers, agents and employees.
By submitting this application, I hereby consent to the recording, and use and reuse by WMS and any of their respective licensees, assigns, parents, subsidiaries, divisions, business units, or affiliated entities and each of their respective employees, agents, officers and directors (collectively “Releasees”) of my voice, actions, likeness, name, appearance and biographical material (collectively “Likeness”) in any and all media now known or hereafter devised, worldwide, in perpetuity, in any and all versions now known or hereafter devised (including digitized versions) in, or in connection with, WMS and its programs. I agree that Releasees may use all or any part of my Likeness, and may alter or modify it, regardless of whether I am recognizable. I further agree that Releasees exclusively own all right, title, and interest in and to any application materials (e.g., the video, any photos, etc.) that I have provided in connection with my application for or participation in WMS and any photos and video or recordings of any kind that WMS may make of me in connection with WMS and my application therefor (collectively, the “Material” or “Materials”! and all rights therein and thereto including, without limitation, the right to use and exploit the Material and my Likeness in any and all media now known or hereafter devised, worldwide,
in perpetuity, in any and all versions now known or hereafter devised (including digitized versions). Without limiting the foregoing in any way, I further agree that Releasees may use my Likeness and the Material in connection with any promotion, publicity, marketing or advertisement for WMS in any manner whatsoever. Without limiting the foregoing grant of rights in any way, to the degree that the Materials include any pre-existing musical or literary compositions in which I (partially or wholly) own the copyright or any publishing rights, or to which I purport to (partially or wholly) own such copyright or publishing rights, I hereby grant to WMS, and have the complete, unfettered right to grant to WMS, an irrevocable, unlimited, perpetual,
worldwide, royalty and payment-free license to use and reproduce such Materials in WMS and in connection with any promotion, publicity, marketing or advertisement for WMS or any exploitation of WMS, in whole or in part, of any kind, in any and all media now known or which may exist in the future. I understand that WMS make no representation whether or not such Materials will be used in any manner whatsoever. I irrevocably and absolutely grant the rights hereunder whether or not I am selected to participate in WMS. I release Releasees from any and all liability arising out of their use of my Likeness and/or the Material (including, without limitation, any claim that such use invades any right of privacy and/or publicity and any claims based on defamation or libel or false light), and I represent and warrant that I have the right to grant the rights conveyed hereunder. I understand that WMS make no representation that the Materials will or will not be used in any way.
ENTIRE AGREEMENT
This release expresses the entire understanding between WMS and me and replaces any and all former and contemporaneous agreements, understandings or representations between WMS and me. No modification, alteration or amendment of this agreement will be valid or binding unless in writing and signed by both me and WMS.
CHOICE OF LAW
This release shall be deemed to be entered into in Blue Springs, Missouri, and shall be governed by and interpreted in accordance with the laws of the State of Missouri applicable to documents or agreements executed and fully carried out within Missouri. Any action, proceeding or litigation concerning this release or my appearance or participation in WMS may only be brought in Jackson County, Missouri, and I hereby agree that the courts of Jackson County, Missouri, shall have exclusive jurisdiction over me and the subject matter of any such proceeding.
RESOLUTION OF DISPUTES/BINDING ARBITRATION
THE PARTIES HERETO AGREE THAT ANY AND ALL DISPUTES OR CONTROVERSIES (REGARDLESS, BY WAY OF EXAMPLE ONLY, WHETHER SUCH DISPUTES OR CONTROVERSIES ARE BETWEEN WMS AND/OR ANY OF THE OTHER RELEASEES, ON THE ONE HAND, AND ME, ON THE OTHER HAND; BETWEEN ANOTHER PARTICIPANT AND ME; ARISING UNDER THIS AGREEMENT OR ANY OF ITS TERMS, I ANY EFFORT BY ANY PARTY TO ENFORCE, INTERPRET, CONSTRUE, RESCIND, TERMINATE OR ANNUL THIS AGREEMENT, OR ANY PROVISION THEREOF, AND ANY AND ALL DISPUTES OR CONTROVERSIES RELATING TO MY APPEARANCE OR PARTICIPATION IN WMS, SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE FOLLOWING PROCEDURE: EITHER (1) WMS, ON THE ONE HAND, AND I ON THE OTHER HAND, SHALL MUTUALLY SELECT AN ARBITRATOR, WHO SHALL BE A RETIRED JUDGE OF A STATE OR FEDERAL COURT OR (II) IF WE CANNOT AGREE ON SUCH ARBITRATOR, WMS ON THE ONE HAND, AND I, ON THE
OTHER HAND, SHALL EACH SELECT ONE ARBITRATOR, WHO SHALL BOTH BE RETIRED JUDGES OF STATE OR FEDERAL COURTS AND THOSE TWO ARBITRATORS SHALL THEN SELECT A THIRD ARBITRATOR, WHO SHALL BE A RETIRED JUDGE OF A STATE OR FEDERAL COURT. ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION, UNDER ITS COMMERCIAL ARBITRATION RULES, THROUGH ITS KANSAS CITY, MISSOURI, OR CLOSEST LOCATED OFFICE. THE PARTIES HERETO AGREE THAT THE ARBITRATOR’S RULING, OR ARBITRATORS’ RULING, AS APPLICABLE, IN THE ARBITRATION SHALL BE FINAL AND BINDING AND NOT SUBJECT TO APPEAL OR CHALLENGE. THE PARTIES HERETO FURTHER AGREE THAT THE ARBITRATION PROCEEDINGS, TESTIMONY, DISCOVERY AND DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, INCLUDING THE FACT THAT THE ARBITRATION {S BEING CONDUCTED, WILL BE TREATED AS CONFIDENTIAL AND WILL NOT BE DISCLOSED TO ANY THIRD PARTY TO SUCH PROCEEDINGS, EXCEPT THE ARBITRATOR(S) AND THEIR STAFF, THE PARTIES’ ATTORNEYS AND THEIR STAFF, AND ANY EXPERTS RETAINED BY THE PARTIES. NOTWITHSTANDING THE FOREGOING,
NOTHING IN THIS PARAGRAPH OR IN ANY OF THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION SHALL PREVENT WMS OR ANY OTHER RELEASEES FROM SEEKING PROVISIONAL RELIEF OUTSIDE OF ARBITRATION, INCLUDING BUT NOT LIMITED TO EQUITABLE AND/OR INJUNCTIVE RELIEF,
PENDING THE ARBITRATOR’S FINAL DECISION.
MISCELLANEOUS
Without limiting the foregoing, any provision of this release that is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this release invalid, illegal or unenforceable in any other jurisdiction. No waiver by WMS of any term or condition of this release will be construed as a waiver by WMS of any other term or condition; nor will any waiver by WMS of any default under this release be construed as a waiver by WMS of any other default. It is further understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. WMS may freely assign, in whole or in part, any of their rights or obligations under this release. I may not assign my rights and obligations under this release.
Wrestling MS and James A. Reed Memorial Wildlife are not held responsible for any injury incurred.