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Waiver

Breakout & Seek – Please Sign Below

TERMS & CONDITIONS

For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant Swell Spark, LLC (together with all related trade names and affiliates, “Breakout KC”, “Breakout & Seek”, “Swell Spark”, “our”, “we”, or “us”) , Sporting KC, OnGoal LLC, Blue Roof Entertainment LLC and all of their owners and affiliates (hereinafter “Sporting KC”)permission to use my likeness in photos and/or video recordings in any and all of Breakout KC publications, including but not limited to all printed and digital publications.  I understand and agree that such photographs and/or video recordings of me may be placed on the Internet.

I agree that all such photographs, video and audio recordings, and any reproductions thereof, and all digital files are and shall remain the property of Breakout KC and/or Sporting KC and will not be returned.  I acknowledge that since my participation in the Event with Breakout KC is voluntary, I will receive no financial compensation. I hereby irrevocably authorize Breakout KC and Sporting KC to edit, alter, copy, exhibit, publish, or distribute photographs, video and audio recordings of publicizing programs or for purposes of publicizing for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image.

I hereby hold harmless and release and forever discharge Breakout KC, Sporting KC and each and every agent, officer, owner and employee of the above-named entities, from any and all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

Participant hereby knowingly, voluntarily, unconditionally, irrevocably, and forever releases, waives, and discharges the Breakout KC, Sporting KC and all affiliates, Major League Soccer, Soccer United Marketing, and each of their respective agents, commercial sponsors, assignees, successors, officers, directors, agents, owners, representatives, administrators, employees, affiliates, contractors, vendors, members, subsidiaries, companies, licensees, invitees, volunteers, all owners or lessors of premises used in connection with the Event and other personnel (collectively, the “Released Parties”) from any and all present and future claims, suits, actions, causes of action, liabilities, demands, damages, losses, judgments, debts, responsibilities, costs, or expenses, of any nature whatsoever, including in law or equity, contingent or non-contingent, known or unknown, suspected or unsuspected, foreseen or unforeseen, accrued or unaccrued, asserted or unasserted, liquidated or unliquidated, whether past, present, or future, in any way relating to or arising from Participant’s participation in the Event (collectively “Claims”) that Participant or his/her/their heirs, family, estate, representatives, executors, insurers, administrators, successors or assigns (collectively, “Related Parties”) may have, whether known or unknown, suspected or unsuspected, asserted or not asserted. Claims may include or arise out of: (i) the ordinary negligence or carelessness, whether active or passive, of one or more of the Released Persons, (ii) personal injury, illness, or death; (iii) damage to, or loss or theft of, property; (iv) the receipt of medical care or treatment for any physical or mental condition; (v) use of facilities, services, premises, and equipment; (vi) exposure to inclement weather and/or disease (including, but not limited to COVID19); (vi) involvement in accidents of any kind; and (vii) the Rights by the Released Persons, including any invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights

Participant voluntarily and knowingly assumes all of the risks arising out of participating in the Event and accepts personal responsibility for any and all Claims.  Participant agrees to indemnify and hold the Released Persons harmless from Claims incurred by or brought against any of the Released Persons as a result of Participant, or any person on Participant’s behalf, including the Related Parties, asserting any Claims arising from, relating to, or in connection with the Event and activities for which Participant has acknowledged and assumed risk under which is covered by the waiver and release set forth in this Release. Participant understands, agrees, acknowledges and accepts that participation in the Event involves certain inherent risks and dangers that may result in accidents, property loss or damage, bodily injury, disability, contraction of illness or disease, and/or death regardless of the care and precautions taken by the Released Persons, and may include contact or collision with persons or objects, inadequate or negligent first aid and/or emergency measures, weather-related hazards, natural hazards, and certain other risks not known to Participant which are not reasonably foreseeable at this time.  Participant is voluntarily signing this Release and participating in the Event with full knowledge of the risks involved and accepts all risks of participation, known and unknown.  Participant will maintain good behavior and conduct their/his/herself in a courteous manner during participation in the Event.  This Agreement is intended to be as broad and inclusive as permitted by applicable law; and Participant has been provided, has read, and will maintain strict adherence to the Event safety and security protocols (including any COVID-19 Protocols).

Participant further understands, agrees, acknowledges and accepts that that by participating in the Event, Participant may be exposed, or expose others, to contagious and potentially harmful or deadly diseases, including, but not limited to, the novel coronavirus and any resulting disease (collectively, “COVID-19”). I fully accept the aforementioned risks and agree to fully release and waive any and all potential or actual Claims against any of the Released Parties.

I hereby warrant that I am eighteen (18) years old or more and competent to contract in my own name or, I am the parent or guardian of the minor participating.  This release is binding on me and my heirs, assigns and personal representatives.

 

RULES OF THE GAME

  1. Use a smartphone with internet access and a camera. Using social media, Googling, etc. are encouraged!
  2. Do NOT break city, state or federal law just to save some time. Breakout KC is not responsible for violations (e.g., jaywalking, traffic or parking tickets, etc.)
  3. Teams must play safe, nice and fair. If a team is demonstrating poor sportsmanship, game guides have the authority to disqualify a team.
  4. Attempting to skip a part of the scavenger hunt will prohibit you from solving the final puzzle. No cheating!
  5. Running is not permitted in the stadium. Speed walking is encouraged. 
  6. Masks are required in any indoor portion of the stadium.
  7. Pro Tip: Be discreet in solving the puzzles if you want to take home the grand prize. No need to help your neighbors!
  8. Light walking and critical thinking are required. Participants are not permitted to use scooters/cars/etc. unless medically required.
  9. Breakout & Seek is not recommended to those with heart conditions, hypertension, claustrophobia or similar conditions.
  10. I understand that any use, copy distribution, public display or creation of any imitative work from Breakout KC is prohibited.

I hereby agree to follow the above rules and guidelines for the best Breakout & Seek experience. I certify that I have read  this document, fully understand it and  I am not relying on any statement or representations of anyone released thereby. *

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