Disclaimer

 RELEASE AND AUTHORIZATION

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, on behalf of myself, my participant child or my ward (as applicable) (the “Participant”) hereby agrees to Participant’s participation in a photo and/or film/video content shoot(s) (individually and collectively, the “Shoot”) organized by or on behalf of NBA Africa, LLC (“NBAA”), and hereby grants NBAA, NBA Properties, Inc (“NBA”) and its affiliates, licensees, designees and each of their respective officers, employees and agents (collectively, the “Released Entities”) the non-revocable right to:  

  1. Record, telecast, broadcast, stream, edit, use and re-use worldwide in perpetuity on standard and non-standard television, home video, print, electronic and on-line media (including, without limitation, the Internet and social media) and in any other means of distribution, publication or exhibition, whether now known or hereafter created, the acts, pictures, poses, performances, statements and sound materials of Participant, on film, videotape, audio-tape and/or as otherwise telecast or recorded by or on behalf of NBAA for use by NBAA for any NBAA-authorized production or publication (collectively, the “Materials”); and
  2. Use Participant’s name, voice, likeness, statements, actions, performances, photograph, image and/or biographical data in connection with the production, publicity, advertising, promotion, exhibition or other exploitation of Participant’s appearance at and/or participation in the Shoot or any other use of the Materials authorized hereunder.

 

The undersigned (including on behalf of Participant, if applicable) hereby releases and holds the Released Entities harmless from, and indemnifies the Releases Entities against, any and all claims or liabilities of any kind arising out of or in connection with Participant’s appearance at and/or participation at the Shoot (and the prior announcement thereof, as applicable), Participant’s statements or actions in the Materials, the making or the use of the Materials or the use of Participant’s name, voice, likeness, statements, actions, performances, photograph, image and/or biographical data. Without limiting the foregoing, the undersigned (including on behalf of Participant, if applicable) hereby releases, waives and discharges any and all claims for death, personal injury or property damage that the undersigned or Participant may have or that may hereafter accrue to the undersigned or Participant as a result of Participant’s appearance at and/or Participant’s participation in the Shoot or otherwise, and which may be asserted by the undersigned, by Participant or on their behalf against the Released Entities. Furthermore, the undersigned (including on behalf of Participant, if applicable) understands that Participant will not receive any monetary compensation of any kind in connection with Participant’s appearance at and/or Participant’s participation in the Shoot or in connection with any use of the Materials or other rights granted hereunder.

This RELEASE AND AUTHORIZATION is intended to be as broad and inclusive as is permitted by the laws of the State of New York (which shall govern this RELEASE AND AUTHORIZATION) and if any portion hereof is held invalid, it is agreed that the balance shall nonetheless continue in full legal force and effect. For the purposes of any action or proceeding arising out of or related to this RELEASE AND AUTHORIZATION, the undersigned (including on behalf of Participant, if applicable) expressly submits to the exclusive jurisdiction of all federal and state courts located in