Terms of Entry
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. The individual with details described above (“You” or “Your”) hereby agree to be entered by WSL (in their discretion) in to the Big Wave Awards competition on the terms and conditions described herein (“Big Wave Awards”), and to grant to ASSOCIATION OF SURFING PROFESSIONALS LLC d/b/a WORLD SURF LEAGUE, a Delaware limited liability company (“WSL”), and WSL accepts from You, the irrevocable, non-exclusive, royalty-free, perpetual right to use Your voice, image, photograph, likeness, biography and all attributes of Your personality (collectively, “Name, Image and Likeness”) and any already recorded or future image, photos, film and/or video footage involving your Name, Image and Likeness (“BWA Content”), for use by or in relation to WSL, the Big Wave Awards, the Big Wave Tour and any sponsors of the same in the context of each of their respective sponsorships. As full and fair consideration for the rights granted by You to the WSL herein, WSL agrees to consider any submissions of BWA Content in the Big Wave Awards of You as an entry into the Big Wave Awards (including the chance to win prizes of cash or goods) conducted by WSL in accordance with the rules determined by WSL in their discretion (“BWA Rules”). WSL shall in no way be obligated to exercise any of the rights granted to it herein.
2. WSL shall have the right to distribute, advertise, freely assign, promote, reproduce, perform, publicly display, exhibit, transmit and otherwise use the BWA Content by any and all means and methods, in all languages, and in any and all markets and media, whether now known or hereafter devised, throughout the world in perpetuity in accordance with section 1 and you waive the right to approve any such use.
3. You hereby represent and warrant to WSL that: (i) WSL’s use of the BWA Content will not infringe upon or violate Your proprietary rights, including, but not limited to, patents, trade secrets, rights of privacy, copyrights and trademarks, (iii) all rights granted herein are Your sole property and are free and clear of any and all liens, encumbrances or claims whatsoever, and (iv) You have secured all rights, interests, licenses and clearances necessary for the grant to WSL and use of Your Name, Image and Likeness rights as permitted hereunder
7. While this Entry Form and Release does not obligate You to surf at any time, should you choose to do so in the future, You acknowledge and assume that the risks associated with surfing include but may not be limited to the following:
§ You will be exposed to water (and possibly cold or polluted water) and the sun for a long period of time;
§ You may physically exert yourself;
§ You may collide with another surfer (or other ocean-user) or his or her (or your own) board or some other water-craft (including a jet ski or boat (including if it gets caught by a breaking wave));
§ You may be thrown into a shallow sandbank, rocks or reef by a wave or otherwise;
§ You may be caught in a rip and dragged out to sea or into an area where the waves are breaking with high impact;
§ You may be exposed to rapid and adverse changes in weather, ocean and wave conditions;
§ You may be stung or bitten by an ocean creature, such as a bluebottle jellyfish, sea snake, stone fish, stingray or shark, and/or
§ You may be held under water by waves, ocean currents or ocean floor matter,
and as a result You may aggravate an existing injury or suffer serious injury (such as cuts (which may become infected), fractures or breaks to bones including the spine or skull), disease, paraplegia, quadriplegia or death (including by drowning).
4. You hereby irrevocably and unconditionally agree to release and indemnify WSL and its affiliates, parents, subsidiaries, successors, licensees and assigns, and each of their respective employees, agents, directors and representatives (each an "Indemnitee") from and against any and all claims, losses, damages, expenses, costs and actions of any kind or nature, whenever made (whether prior to or after the date of this Surfer Entry Form and Release), including court costs and attorney's fees, that (“Claims”) any Indemnitee suffers or incurs as a result of a claim related to any surfing activity by You that has happened or does in the future, or a claim asserted by any third party related to WSL’s use of Your Name, Image and Likeness rights in accordance with this Surfer Entry Form and Release, including but not limited to infringement of any statutory copyright or trademark right, common law right, or proprietary right; infringement or violation of Your right of privacy or publicity or other property right; or libel, slander, defamation or disparagement of You, however that You shall not be liable to WSL with respect to any Claims caused by or arising out of WSL’s bad faith or willful misconduct which are the subject of WSL’s indemnity of You hereunder. WSL hereby irrevocably and unconditionally agrees to release and indemnify You from and against any and all Claims arising out of any breach by WSL of any representations, warranties, agreements or undertakings made by WSL in this Surfer Entry Form and Release; provided, however that WSL shall not be liable to You with respect to any Claims caused by or arising out of Your bad faith or willful misconduct or which are the subject of Your indemnity of WSL hereunder.
5. In the event of a breach or alleged breach hereof by WSL, Your sole remedy against WSL shall be an action at law for damages, if any, and in no event shall You seek or have the right to enjoin, interfere with or otherwise inhibit WSL’s use of the BWA Content, or to rescind any rights granted to WSL hereunder.
6. The law of California will govern this Surfer Entry Form and Release and the courts in Los Angeles county shall have exclusive jurisdiction and venue. Any dispute, claim or controversy arising out of or relating to this Surfer Entry Form and Release or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability to arbitrate, shall be determined by arbitration in Los Angeles, CA before one (1) arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Service (“JAMS”) pursuant to JAMS Streamlined Arbitration Rules and Procedures. Judgment on any award may be entered in any court having jurisdiction to register and enforce the same against the relevant party. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
7. You are advised that Inland Revenue Service (“IRS”) Regulations require that WSL have the Social Security Number (“SSN”) or the Taxpayer Identification Number (“TIN”) of a prize winner which corresponds with the name to whom prizemoney shall be paid. You will be required to provide this information to WSL to be eligible to be paid prizemoney, if any, and any delay in providing such information, which may include, without limitation, a completed W9, if requested, will delay any payments due to you. Please also note that IRS Regulations state that any prize money totaling $600 (six hundred dollars) or more in any calendar year is to be duly reported on a Form 1099.
8. You acknowledge that You shall not be entitled to any royalty, payment or remuneration of any kind whatsoever, except for any amounts of prizemoney offered by WSL as a result of your winning a Big Wave Award.
10. This Surfer Entry Form and Release supersedes all prior agreements and understandings between the parties with regard to the subject matter hereof, whether written or oral, expressed or implied. Each of the parties hereby represents that it has read this Surfer Entry Form and Release or have had the same read to them by their counsel, and are fully aware of its contents and legal effect. You also agree to be bound by the Big Wave Award Rules, which are accessible at [ ], as may be amended, modified or cancelled at any time by WSL without prior notice.
If the foregoing correctly sets forth our understanding, please sign where indicated below.