Terms and Conditions
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 “CSE Entities” means, collectively, Vancouver Canucks Limited Partnership, which owns the professional hockey team known as the Vancouver Canucks and collectively with certain of its affiliates operates as Canucks Sports & Entertainment (“CSE”), the Canucks For Kids Foundation (“CFKF”), the National Hockey League and its affiliates (“NHL”), the members of NHL and each of the NHL teams operated by them.
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 Canucks Fan Cutouts program (the "Program"), including the possibility of appearing in a National Hockey League 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 CSE Entities, all worldwide right, title, and interest in or to the image(s) of the Featured Individuals that I am voluntarily submitting to CSE and CFKF, and/or that are captured through technology provided to me by the CSE Entities (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 CSE Entities 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 the arena known as Rogers Arena located in Vancouver, British Columbia (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 CSE Entities 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 CSE (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 CSE, 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 the CSE Entities 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 19 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) the CSE Entities and each of 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. I, for myself and on behalf of all of the other Featured Individuals and our Related Persons, further covenant not to sue or otherwise pursue any form of recovery or legal action, including arbitration, against any of the Released Parties.
I, for myself and on behalf of all of the other Featured Individuals and our Related Persons, agree that if I and/or any of the other Featured Individuals or our Related Persons, or anyone acting on our behalf, commence, join in, or in any way seek relief through any suit, action, and/or Claim arising out of, based upon, or relating to any of the Claims released hereunder, or in any way assert against the Released Parties any of the Claims released hereunder, then we will pay to the Released Parties, in addition to any other damages caused to the Released Parties thereby, all attorneys' fees incurred by the Released Parties in defending or otherwise responding to said suit, action, and/or Claims.
This Release shall inure to the benefit of the legal representatives, licensees, successors, and assigns of the Released Parties.
This Release shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of British Columbia. I, for myself and on behalf of all of the other Featured Individuals and our Related Persons, hereby (a) irrevocably submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, in connection with all matters and issues arising out of the Program and/or this Release, (b) agree not to bring any claim or action except in such courts, and (c) irrevocably waive all claims, defenses, and objections based on improper venue, inconvenient forum, and/or lack of personal jurisdiction with respect to such courts.
If any provision of this Release shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Release shall be construed as if such invalid or unenforceable provision were omitted.
I, for myself and on behalf of all of the other Featured Individuals and our Related Persons, acknowledge and agree that the CSE Entities reserve 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 any of the CSE Entities deem to be lewd, immoral, offensive, tasteless, or otherwise inappropriate or improper. We further acknowledge and agree that the CSE 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 FAN CUTOUT(S), I CERTIFY THAT I HAVE CAREFULLY READ THIS RELEASE AND THE PHOTO SUBMISSION GUIDE LOCATED AT canucks.com/fancutouts, 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.