I, the undersigned, intending to be legally bound for myself, my heirs, executors, administrators, and assigns, hereby waive and release any and all rights and claims for damages I may now or hereafter have against Tyler State Park, and their respective employees for any and all damages or injuries which may be sustained by me or my family arising out of my participation in the above activity.
This statement confirms the agreement between you, the Brain Injury Association of Pennsylvania, and Moss Rehab regarding your participation in the October 5, 2019 Race to Recovery in which you may be photographed or videotaped (the Property) from time to time. For valuable consideration received, you hereby irrevocably grant to the Brain Injury Association of Pennsylvania and Moss Rehab perpetually, exclusively, and for all media throughout the world (including print, nontheatrical, home video, CD-ROM, internet and any other electronic medium presently in existence or invented in the future), the right to use and incorporate (alone or together with other materials), in whole or in part, photographs or video footage taken of you as a result of your participation in this event.
You hereby agree that you will not bring or consent to others bringing claim or action against the Brain Injury Association of Pennsylvania and Moss Rehab on the grounds that anything contained in the Property, or in the advertising and publicity used in connection herewith, is defamatory, reflects adversely on you, violates any other right whatsoever, including, without limitation, rights of privacy and publicity. You hereby release the Brain Injury Association of Pennsylvania and Moss Rehab, its directors, officers, successors and assigns from and against any and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever that you may hereafter have against the Brain Injury Association of Pennsylvania and Moss Rehab in connection with the Property.
This agreement shall not obligate the Brain Injury Association of Pennsylvania and Moss Rehab to use the Property or to use any of the rights granted hereunder, or to prepare, produce, exhibit, distribute or exploit the Property. The Brain Injury Association of Pennsylvania and Moss Rehab shall have the right to assign its rights hereunder, without your consent, in whole or in part, to any person, firm or corporation.