Mia's Podium Shop

Activity Participation

Waiver and Release of Liability and Assumption of Risk Agreement

In consideration for being allowed to participate in any way in the event, program, and/or activity offered by Dick's Sporting Goods, Inc., Nike, Inc., Tara Wilson Agency, LLC, and each of their subsidiaries, affiliates, assignees, licensees, vendors and/or agents thereof (each, an "Organizer," and collectively, the "Organizers") for which I am registering, the receipt and sufficiency of which I acknowledge, I understand and agree that:

1. I understand that the event may offer optional services and experiences, including but not limited to press-on nail applications, semi-permanent tooth gem applications, barber styling and design services, and other customization activities. I voluntarily choose whether to participate in such activities and acknowledge that participation is at my own discretion and, for minors, subject to the approval of a parent or legal guardian.
2. My participation is dependent on my own physical and mental stamina and strength. I certify that I am in good health and do not suffer from any heart condition or other ailment that could be exacerbated by the exertion involved in the offered activity.
3. My participation may result in injury or illness including, but not limited to, bodily injury, disease, exposure to viruses or other microbes, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability.
4. I am responsible for following all posted rules and/or instructions and agree to comply with any stated or customary rules or conditions of participating in the activity.
5. I am voluntarily participating in the offered activity with full knowledge of the potential risks of injury and/or death and assume all risks and dangers and all responsibility for any losses and/or damages.
6. I authorize the Organizers to secure any and all emergency medical treatment in the event I am unresponsive or incapacitated. I also agree to pay all the costs and fees for any emergency medical care and treatment as secured or authorized under this consent.
7. An executed waiver and release of liability (completed at the time of registration and/or at the time of check-in for the activity) is required for participation.
8. If I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of Organizer personnel.

Assumption of Risk

I understand and acknowledge that the activity may be potentially very dangerous and include a significant risk of injury, illness, and/or damage to property, inherent or otherwise, including the potential for permanent paralysis and death. I KNOWINGLY AND FREELY ACCEPT and ASSUME ALL SUCH RISKS, both known and unknown, and all other risks and dangers that could arise out of, or occur during, my participation in the activity, EVEN IF ARISING FROM THE NEGLIGENCE, GROSS NEGLIGENCE, OR RECKLESSNESS of THE ORGANIZERS or others, and assume full responsibility for my participation.

Release and Waiver

I, for myself and on behalf of my heirs, spouse, assigns, personal representatives and next of kin ("RELEASORS"), HEREBY RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE the Organizers, their officers, employees, agents, directors, shareholders, sponsors, insurers, owners of the premises, and/or others associated in any way with my participation in the activity ("RELEASEES") FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PRODUCT CLAIMS AND ANY OTHER ALLEGED LIABILITY that the Releasors may have WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY AS A RESULT OF MY INVOLVEMENT OR PARTICIPATION IN THE ACTIVITY OR THE USE OF ANY EQUIPMENT OR FACILITIES DURING MY PARTICIPATION, WHETHER ARISING FROM THE NEGLIGENCE, GROSS NEGLIGENCE, or RECKLESSNESS OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I UNDERSTAND AND AGREE THAT THIS IS A COMPLETE RELEASE AND DISCHARGE OF ALL CLAIMS AND RIGHTS I, ON BEHALF OF MYSELF AND THE RELEASORS MAY HAVE AGAINST THE RELEASEES AND THAT NO ACTION WILL BE TAKEN BY OR ON BEHALF OF RELEASORS WITH RESPECT TO ANY SUCH RIGHTS.

Indemnification

I further agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND in any action or proceeding, the Organizers from and against all Claims for or relating to my participation in the activity, my use of any equipment or facilities during the activity, or for my failure to comply with the terms of this Agreement, regardless of whether the act or omission complained was caused in whole or in part by the negligence in any form of the Organizers.

Photographs and Recordings

All photographs, video, film, or recordings of me (the "Materials") obtained by or on behalf of any Organizer during my participation are owned by the Organizers, and each Organizer may independently exercise the rights granted in this section. I grant the Organizers the absolute worldwide right and permission, in perpetuity, to use and publicize any such Materials, including, without limitation, my name, image, likeness, voice, opinions, or other aspects of my identity (my "Identity"), in any and all media, including but not limited to print, digital, and social media, for illustration, art, editorial, trade, advertising and/or promotional purposes, without the need for my approval or compensation. Further, I acknowledge and agree that THE ORGANIZERS will not be responsible for any unauthorized third-party reproduction or use of such photographs or recordings including the Materials or my Identity. I, on behalf of the Releasors, hereby RELEASE, DISCHARGE, AND AGREE NOT TO SUE Releasees from any and all claims and demands arising out of or in connection with the use, alteration, distortion or illusionary effect or use in any composite form of my Identity or the Materials, including without limitation any and all claims for libel or invasion of privacy.

Student-Athletes

If I am a student-athlete at the high-school or collegiate level, I acknowledge and agree that, (i) I am responsible for my own high-school eligibility, collegiate eligibility and/or amateur standing, (ii) I am aware of, and agree to comply with, all rules, regulations, and bylaws of my state association and of any national federation responsible for administering or regulating interscholastic athletics, and of my educational institution, conference, the NCAA or other regulatory authority, that may be applicable to my participation in the activity, (iii) I understand the consequences of any failure to comply with such rules, including but not limited to, loss of my eligibility to participate in future athletic contests in any sport at the high school, collegiate or other level, and (iv) I waive any right to inspect and/or approve the Materials that may be used in connection with my Identity or the use to which said Materials may be applied.

Governing Law

This document is governed by the laws of the Commonwealth of Pennsylvania. If I am a minor, my parent or guardian is signing individually, and on my behalf and we each agree to be bound by the terms of this agreement.

Severability

I expressly agree that the foregoing assumption of risk, release and waiver of liability and indemnity provisions are intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Pennsylvania and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Each Releasee May Enforce

Each Organizer, including Nike, Inc., and each other Releasee is an intended beneficiary of this Agreement and may enforce it independently.

Data and Feedback

I agree that the Organizers may collect, record, store, and use information I provide in connection with the activity, including my name, contact information, and any feedback, comments, or ideas I provide about products, the activity, or my experience, for any purpose, including developing, improving, and marketing products and services, without compensation to me.

I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY EXECUTING IT. I FURTHER REPRESENT THAT I AM OF LEGAL AGE AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.