Mario Lemieux Fantasy Hockey Camp 2023 Waiver

2023 MARIO LEMIEUX FANTASY HOCKEY CAMP
ACKNOWLEDGEMENT, RELEASE, DISCHARGE AND INDEMNIFICATION

THIS ACKNOWLEDGEMENT, RELEASE, DISCHARGE AND INDEMNIFICATION, dated as of the date set forth below (this “Release”), is made by the adult undersigned, an individual (the “Adult Participant”), individually and, if applicable, on behalf of the minor(s) noted below, (each a “Minor Participant”), in favor of the Mario Lemieux Foundation (the “Foundation”).

WHEREAS, the Adult Participant and/or the Minor Participant desire to participate in the Mario Lemieux Fantasy Hockey Camp (the “Hockey Camp”), March 19-23, 2023, on or around the ice hockey rink at the facility located at PPG Paints Arena in Pittsburgh, Pennsylvania (the “Arena”) and on or around the ice hockey rinks at the facility located at UPMC Lemieux Sports Complex in Cranberry Township, Pennsylvania (the “Rinks”, and collectively with the Arena, the “Premises”);

WHEREAS, the Adult Participant acknowledges (individually and, if applicable, on behalf of any Minor Participant listed below) that the Adult Participant and/or the Minor Participant are not obligated to participate in the Hockey Camp and that the Adult Participant and/or the Minor Participant have requested to engage in activities related to the Hockey Camp solely because of their enjoyment of, enthusiasm for, and interest in the Hockey Camp;

WHEREAS, the Adult Participant acknowledges (individually and, if applicable, on behalf of the Minor Participant) that the Adult Participant and/or the Minor Participant did not receive any promise or expectation of remuneration from the Foundation or otherwise to participate in the Hockey Camp;

WHEREAS, the Adult Participant recognizes (individually and, if applicable, on behalf of the Minor Participant) the dangers of, and assumes all risks of injury associated with, participating in the Hockey Camp on the Premises; and

WHEREAS, the Foundation is willing to allow the Adult Participant and/or the Minor Participant to participate in the Hockey Camp on the Premises subject to the terms and conditions of this Release.

NOW, THEREFORE, in consideration of being permitted to participate in the Hockey Camp on the Premises, and intending to be legally bound, the Adult Participant (individually and, if applicable, on behalf of the Minor Participant), for him or herself or themselves and his or her or their heirs and assigns, hereby acknowledges, covenants, and agrees as follows:

1. The Adult Participant represents and warrants that the Adult Participant is the parent or legal guardian of the Minor Participant and that the Adult Participant is authorized to and does enter into this Agreement on behalf of any and all parents and legal guardians of the Minor Participant.
2. The Adult Participant acknowledges and agrees that the Adult Participant and/or the Minor Participant has received all of the necessary instructions and rules (the “Hockey Camp Rules”) related to his or her participation in the Hockey Camp on the Premises, including, but not limited to, any rules intended to prevent the spread of COVID-19, and that he or she or they will abide by the Hockey Camp Rules and any directions given by the Foundation.
3. The Adult Participant acknowledges and agrees that participating in the activities related to the Hockey Camp can be dangerous and may result in serious bodily injury or even death. The Adult Participant assumes the risk of all injuries to the Adult Participant and/or the Minor Participant that may result from participating in the activities related to the Hockey Camp on the Premises, including, but not limited to, those resulting from the COVID-19 pandemic. The Adult Participant agrees that his or her or their participation in the Hockey Camp on the Premises shall be deemed as an acknowledgement that the Premises are safe and suitable for his or her or their participation in the Hockey Camp.
4. The Adult Participant hereby agrees that he or she will conduct themselves in a safe and prudent matter, and will exercise extreme caution, when participating in the Hockey Camp on the Premises.
5. The Adult Participant hereby waives, releases, discharges and covenants not to sue (individually and, if applicable, on behalf of the Minor Participant) the Mario Lemieux Foundation, Pittsburgh Community Rink Operating LP, Pittsburgh Community Rink Operating GP LLC, Pittsburgh Penguins LP, Lemieux Group LP, Team Lemieux LLC, Pittsburgh Penguins LLC, Pittsburgh Arena Operating LP, Pittsburgh Arena Operating LLC, WBS Hockey LP, WBS Hockey LLC, the National Hockey League, UPMC Presbyterian Shadyside and UPMC d/b/a University of Pittsburgh Medical Center, Oakview Group, LLC, OVG360 Pittsburgh Facility, LLC, Global Spectrum, L.P., and Holdings Acquisition Co, L.P. d/b/a Rivers Casino, together with the partners, members, shareholders, officers, directors, employees, principals, affiliates, agents and sponsors of any of them (all of the foregoing collectively, the “Releasees”) from any and all claims, demands, causes of action, damages, liabilities, losses, costs and expenses (including attorney’s fees) suffered by the Adult Participant and/or the Minor Participant as a result of, or in any manner related to, directly or indirectly, his or her or their participation in the Hockey Camp on the Premises.
6. The Adult Participant hereby agrees (individually and, if applicable, on behalf of the Minor Participant) to indemnify and hold each of the Releasees harmless from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs and expenses (including attorney’s fees) suffered by a Releasee as a result of, or in any manner related to, directly or indirectly, his or her or their participation in the Hockey Camp on the Premises.
7. The Adult Participant hereby authorizes (individually and, if applicable, on behalf of the Minor Participant) the Foundation to use in any manner his or her or their likenesses while participating in the Hockey Camp on the Premises. The Adult Participant hereby disclaims (individually and, if applicable, on behalf of the Minor Participant) any right to privacy related to the use of such likenesses.  The Adult Participant also hereby waives (individually and, if applicable, on behalf of the Minor Participant) any and all claims, counterclaims, rights, demands, actions and causes of action, foreseen or unforeseen, actual or potential arising out of, or in any way related to, use by the Foundation of such likenesses.  The foregoing references to his or her or their likenesses include any and all forms or reproductions of his or her or their image, voice or name, including, but not limited to video, audio or photo, whether recorded or live, printed or broadcast, moving or still.
8. The Adult Participant does hereby confirm the consent heretofore given with respect to the Foundation photographing him or her in connection with its video program and does hereby grant to the Foundation the right to use all motion pictures and sound track recordings which it may make of him or her, and the right to use his or her likeness in connection with the exhibition or any other use of such video or recording in accordance to the valid and signed contract within this form.
9. This Release shall be governed by and construed in accordance with the domestic laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.

ADULT PARTICIPANT HAS READ AND FULLY UNDERSTANDS THIS ACKNOWLEDGEMENT, RELEASE, DISCHARGE AND INDEMNIFICATION.  ADULT PARTICIPANT ACKNOWLEDGES AND AGREES THAT NO REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO ENCOURAGE HIM OR HER TO ENTER INTO THIS RELEASE AND THAT HE OR SHE IS DOING SO VOLUNTARILY. 

IN WITNESS WHEREOF, the Adult Participant has duly executed and delivered (individually and, if applicable, on behalf of any Minor Participant) this Acknowledgement, Release, Discharge and Indemnification.