TERMS & CONDITIONS
BY ACCEPTING THIS VOLUNTARY CONSENT AND RELEASE AGREEMENT (“RELEASE”), YOU WILL BE WAIVING LEGAL RIGHTS. PLEASE READ CAREFULLY.
- For purposes of this Release, the “TEAM” means, Phantoms Hockey. LLC
- In consideration for allowing me, my child(ren) or ward(s) (collectively, "Minor(s)"), and any other featured individuals (together with me and Minor(s), the "Featured Individuals") to participate in the PhanNation Cutouts program (the "Program"), including the possibility of appearing in a Local, Regional, National broadcast(s), livestream(s) or other visual production(s) (collectively, "Production"), the receipt of which shall be sufficient consideration for this Release, I do hereby agree, on behalf of myself, the Featured Individuals and our Related Persons (as defined below), to the following terms:
- I do hereby agree on behalf of the Featured Individuals and our Related Persons to assign to the Team, all worldwide right, title, and interest in or to the image(s) of the Featured Individuals that I am voluntarily submitting to Team, and/or that are captured through technology provided to me by the Team (if applicable) (collectively, the "Image(s)"), including, but not limited to, all trademarks, copyrights, and other intellectual property rights in and to the Image(s), and the likeness, image, name, words, voice, biographical information, and/or other attributes (collectively, "Personal Information") of each of the Featured Individuals (collectively, "Image Rights").
- In addition, I, for myself and on behalf of the Featured Individuals and our Related Persons, do hereby grant to the Team the right to use the Image(s) for the purpose of creating a fan cutout(s) (the "Fan Cutout(s)") by reproducing, altering, and printing the Image(s), and to place the Fan Cutout(s) in seats at PPL Center located in Allentown, PA (the "Arena"), such that the Fan Cutout(s) may be visible to those at the Arena and the audience viewing Games (as defined below) at the Arena via television and/or other media.
- In addition, I, for myself and on behalf of the Featured Individuals and our Related Persons, grant to the Team the right to include in the Production, separate and apart from the Image(s) and Fan Cutout(s), Personal Information of each of the Featured Individuals that I am voluntary submitting to the Team (the "Submitted Information");
- I represent that I am the parent or legal guardian of all Minor(s) on whose behalf I am agreeing to this Release.
- I own all Image(s), Image Rights, and Submitted Information and/or have all necessary authorizations from all applicable rights holders, and have the express permission and authorization of all Featured Individuals to submit the Image(s) and Submitted Information to the Team, and to agree to this Release on their behalf.
- I consent on behalf of myself and the Featured Individuals and our Related Persons to the use of the Image(s), the Fan Cutout(s), the Submitted Information, or any part thereof, by Team in connection with advertising, publicizing, and exploiting any Production and acknowledge that I have no right of approval of the use of the Image(s), the Fan Cutout(s), or Submitted Information in any Production; and
- I represent and warrant that I am 18 years or older and that this Release does not conflict with any existing commitments on my part.
- TO THE FULLEST EXTENT PERMITTED BY LAW, I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER FEATURED INDIVIDUALS, INCLUDING MY AND THEIR HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, NEXT OF KIN AND OTHER PERSONS ACTING OR PURPORTING TO ACT ON MY OR THEIR BEHALF (COLLECTIVELY, “RELATED PERSONS”) AGREE TO INDEMNIFY, RELEASE, FOREVER DISCHARGE (AND COVENANT NOT TO SUE), AND HOLD HARMLESS (I) Team, BDH Development, LLC, and each of its and their respective direct and indirect affiliates, members, administrators, designees, licensees, agents, owners, officers, directors, employees, volunteers, sponsors, invitees, contractors (and all employees of such contractors), and other personnel (ii) the direct and indirect owners, lessees and sublessees of the Arena, (iii) concessionaires, merchandisers, other vendors, and all other contractors performing services at the Arena, (iv) other third parties present at or from time to time brought to the Arena and (v) any parents, subsidiaries, affiliated and related companies, and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future, and whether in their institutional or personal capacities (hereinafter, individually and collectively referred to as the "Released Parties") of and from all manner of action or actions, cause or causes of action, at law or equity, suits, claims, demands, damages, liability, lost cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter referred to as "Claims") that we may have or hereafter have against the Released Parties by reason of any injuries that we may sustain, whether to our person, property, and/or reputation, including, without limitation, any and all claims for copyright infringement, false endorsement, rights of publicity, defamation, and/or invasion of privacy, as a result of or incident to the Released Parties' use of the Image(s), the Image Rights, the Fan Cutout(s), and/or the Submitted Information in connection with the Program and/or in any manner authorized or contemplated in this Release.
- This Release shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles. All disputes between the parties shall be resolved using binding arbitration through the use of the American Arbitration Association. Neither I nor Team shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate as a representative member of a putative class or in a private attorney general capacity. The arbitrator shall have the power to award any remedies available under applicable law; provided, however, that the arbitrator shall have no authority to award punitive or other monetary damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself.
- I, for myself and on behalf of all of the other Featured Individuals and our Related Persons, acknowledge and agree that the Team reserves the right, at their sole discretion, to refuse to create and/or display any Fan Cutout(s), including, without limitation, any Fan Cutout(s) that the Team deems to be lewd, immoral, offensive, tasteless, or otherwise inappropriate or improper. We further acknowledge and agree that the NHL Entities are not responsible for any lost or damaged Fan Cutout(s), and that any lost or damaged Fan Cutout(s) will not be replaced.
- I, for myself and on behalf of all of the other Featured Individuals and our Related Persons, acknowledge that we have had adequate opportunity to read this Release and to make whatever investigation or inquiry we may have deemed necessary or desirable in connection with the subject matter of this Release prior to accepting it.
- BY PURCHASING CUTOUTS, I CERTIFY THAT I HAVE CAREFULLY READ THIS RELEASE AND THE PHOTO SUBMISSION GUIDE LOCATED AT phantomshockey.com/cutouts, AND THAT I AM COMPETENT TO ACCEPT THE TERMS HEREIN AND THEREIN, ON BEHALF OF MYSELF AND THE OTHER FEATURED INDIVIDUALS AND OUR RELATED PERSONS, WITH FULL UNDERSTANDING OF THEIR CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES AND BY ACCEPTING AND SUBMITTING THIS RELEASE, I AGREE TO BE BOUND BY THE TERMS OF THIS RELEASE AND DO SO ON MY OWN FREE WILL.