2023-24 Performer General Release Waiver
PERFORMER GENERAL RELEASE FORM
For good and valuable consideration, receipt of which is hereby acknowledged, I hereby release and hold harmless Dallas Basketball Limited, the National Basketball Association and its member teams, NBA Properties, Inc., American Airlines Center, Radical Arena, LTD, Dallas Sports Group, LLC and each of their owners, partners, members, officers and employees and their parent, subsidiary and affiliated companies and/ or their respective directors, officers, agents, employees and guests, (the “NBA Parties”), and each of their respective licensees, sponsors, and designees from and against any and all claims, causes of action, or demands relating to or arising out of my performance for Dallas Basketball Limited (the “Performance”), and further agree to indemnify the NBA Parties for (i) any claims, damages or causes of action relating to or arising out of the Performance or (ii) any breach of any representation or warranty contained herein.
I expressly assume all risk of injury (including, without limitation, permanent disability, and death) relating to or arising out of the Performance, howsoever caused or arising and whether by negligence or otherwise, and accept personal responsibility for the damages following such injury, permanent disability, or death and waive and release, to the fullest extent permitted by law, all claims, whether known or unknown, relating to or arising from the Performance against the NBA Parties. I further hereby release (and covenant not to sue) the NBA Parties with respect to any and all claims that I may have (or hereafter accrue) against any of the NBA Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the American Airlines Center or any Dallas Mavericks home game (including all risks related thereto) or compliance with any protocols or Safety Requirements (as defined below) applicable to any Dallas Mavericks home game; or (iii) any interaction between me and any personnel of any of the NBA Parties present at the Performance, in each case whether caused by any action, inaction, or negligence of the NBA Parties or otherwise.
Due to the uncertainty related to COVID-19, the opportunity to perform the Performance is subject to all safety and health requirements and policies put in place by the NBA Parties, including any requirements relating to face masks and/or enhanced health screenings (which may include a requirement to be tested for and/or vaccinated for COVID-19, and to provide proof of such testing and/or such vaccination, prior to the Experience). Such policies and requirements as they may be updated from time to time (in the sole determination of the NBA Parties) and as they may be communicated to you (whether orally or in writing) by, for example, instruction provided by personnel or signage, are collectively referred to below as the “Safety Requirements”. I acknowledge and agree to comply with the Safety Requirements and performing the Performance is conditioned on such compliance. Failure to comply with Safety Requirements shall authorize the NBA Parties to refuse admission to or eject you from the American Airlines Center and subject you to all legal remedies available to the NBA Parties.
I EXPRESSLY ACKNOWLEDGE: (I) COVID-19 HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION; (II) CASES OF COVID-19 INFECTION HAVE BEEN CONFIRMED IN THE DALLAS TEXAS AREA, INCLUDING IN THE VICINITY OF THE AMERICAN AIRLINES CENTER; (III) COVID-19 IS EXTREMELY CONTAGIOUS AND THERE IS AN INHERENT DANGER AND RISK OF EXPOSURE TO COVID-19 IN ANY PLACE WHERE PEOPLE ARE PRESENT, INCLUDING AS A RESULT OF EXPOSURES INDIVIDUALS MAY HAVE HAD IN GEOGRAPHIC AREAS OTHER THAN DALLAS TEXAS; (IV) NO PRECAUTIONS, INCLUDING THE SAFETY REQUIREMENTS DESCRIBED ABOVE OR THE PROTOCOLS AND REQUIREMENTS THE CDC, FEDERAL, STATE AND LOCAL GOVERNMENT HAS PUT IN PLACE, CAN ELIMINATE THE RISK OF EXPOSURE TO OR CONTRACTION OR TRANSMISSION OF COVID-19, AND THAT SUCH RISK APPLIES TO EVERYONE; (V) WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, PUBLIC HEALTH AUTHORITIES ADVISE THAT PEOPLE 65 OR OLDER AND PEOPLE WITH CERTAIN UNDERLYING MEDICAL CONDITIONS MIGHT BE AT HIGHER RISK, INCLUDING (BUT NOT LIMITED TO) PEOPLE WITH CHRONIC LUNG DISEASE OR MODERATE TO SEVERE ASTHMA, SERIOUS HEART CONDITIONS, COMPROMISED IMMUNE SYSTEMS, SEVERE OBESITY, DIABETES, CHRONIC KIDNEY DISEASE UNDERGOING DIALYSIS AND LIVER DISEASE; (VI) SCIENTIFIC KNOWLEDGE ABOUT COVID-19 IS EVOLVING AND MANY ASPECTS OF COVID-19 REMAIN SUBJECT TO SIGNIFICANT UNCERTAINTY; (VII) CONTRACTING COVID-19 CAN RESULT IN BEING SUBJECT TO QUARANTINE REQUIREMENTS, SERIOUS ILLNESS, TEMPORARY OR PERMANENT DISABILITY, OTHER SHORT-TERM AND LONG-TERM HEALTH EFFECTS, AND/OR DEATH, REGARDLESS OF AGE OR HEALTH CONDITION; (VIII) CONTRACTING COVID-19 CAN RESULT IN THE FURTHER TRANSMISSION OF COVID-19 TO MY FAMILY MEMBERS, FRIENDS, AND OTHER PERSONS; AND (IX) FEDERAL, STATE AND LOCAL GOVERNMENTS AND FEDERAL AND STATE HEALTH AGENCIES HAVE, AMONG OTHER THINGS, RECOMMENDED SOCIAL DISTANCING WHERE POSSIBLE AND, IN MANY LOCATIONS, PROHIBITED THE CONGREGATION OF GROUPS OF PEOPLE. I VOLUNTARILY ASSUME ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), WHETHER OCCURRING PRIOR TO, DURING, OR AFTER THE PERFORMANCE, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE.
I grant full permission to the NBA Parties (and their respective licensees, sponsors and designees), by any means, whether now known or hereinafter developed, to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, and to license others to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, for any purpose, in any manner, without further notification, authorization or compensation to me or anyone on my behalf, my name and likeness, and any photographs, videotapes, motion pictures, recordings, or other record of the Performance (or any part or parts of my Performance) in any and all media, whether now known or hereafter developed, worldwide and in perpetuity, and I represent and warrant that no further permission is required for the NBA Parties to use the Performance as provided herein. In addition, I grant to the NBA Parties permission to collect, use, share, and store certain of my facial and other biometric information as permitted by law, including for security purposes.
I further represent and warrant that: (i) I have the right to conduct the Performance and that the Performance will not reflect badly on the NBA Parties, and (ii) I have full authority to execute this General Release and do so with full knowledge of the facts and circumstances surrounding the Performance and the rights that I am granting herein.
I acknowledge that I have read and fully understand the foregoing.
Name of Participant*