Jacksonville Jam Player Tryout Release & Eligibility Form

JACKSONVILLE JAM, LLC

2007 Player Tryout Release & Eligibility Form

In consideration for my participation in the 2007 JACKSONVILLE JAM Tryout and for other good and valuable consideration, receipt of which is hereby acknowledged, I, by my clicking the check box below, herby acknowledge and agree to all of the terms set forth in this Release & Eligibility Form. Accordingly, I herby:

1. Certify that I am at least eighteen (18) years of age.

2. Acknowledge that there are risks associated with the strenuous athletic and physical activity that I will be involved in during the Tryout;

3. Acknowledge by this writing, that THE JACKSONVILLE JAM, has recommended that I obtain medical clearance from a physician prior to my participation in the Tryout. I understand the risk attendant to my failure to obtain medical clearance. By my signature below, I hereby represent that I either have received such medical clearance or, contrary to the recommendation of THE JACKSONVILLE JAM, have decided not to obtain such medical clearance. I also understand the risks inherent in participating in the Tryout;

4. Consent to undergo examination by any physician, hospital, laboratory, clinic, and other health care provider designated by THE JACKSONVILLE JAM, and authorize any such Health Care Provider to use and/or disclose to THE JACKSONVILLE JAM any health or medical record, including but not limited to, all information relating to any injury, sickness, disease, condition, medical history, laboratory or test result, medical or clinical status, diagnosis, treatment or prognosis obtained in conjunction with any such examination for any purpose relating to my participation and/or in connection with any potential employment by THE JACKSONVILLE JAM. I further acknowledge that any Health Information disclosed may be re-disclosed by the recipient of such information, that I will sign any additional individual authorizations as may be requested by THE JACKSONVILLE JAM to facilitate disclosure of Health Information, and that THE JACKSONVILLE JAM shall not be obligated to me for any medical expenses or damages;

5. Acknowledge and accept sole responsibility for all of the hazards and risks associated with or related to my participation in the Tryout and for any damage or injury that I may cause to others; I expressly assume all risk of injury (including permanent disability and death) arising out of my participation in the Tryout, howsoever caused or arising and whether by negligence or otherwise, and accept personal responsibility for the damages following such injury, death, or permanent disability.

6. Release, waive and forever discharge any and all claims of damages or causes of action, including but not limited to, death, personal injury, or loss or damage to property, which I, or any of my representatives, heirs, next of kin or assignees may have or which may hereinafter accrue to me or my Representative in connection with (a) my voluntary participation in the Tryout, (b) the release and dissemination of Health Information, or (c) otherwise, and which may be asserted by me or my Representatives against THE JACKSONVILLE JAM, its parent, subsidiary or affiliated companies or entities, or its member teams (collectively, .Released Entities.), and for each such Released Entity, its respective officers, directors, owners, governors, governors, officials, volunteers, employees, agents, representatives, successors and assigns (collectively, and together with the Released Entities, the .Release.), whether caused by the acts, omissions or negligence of any Release or by any other person or entity; and

7. Give and grant perpetually to the JACKSONVILLE JAM and each of its respective affiliates, team, licensees, employees and agents, exclusively, the non-revocable right in and to my routines, performances, concepts, and other materials created in connection with the Tryout and the proceeds of such performances and materials, including, without limitation, the perpetual and unlimited right to reproduce by any means (whether now known or hereafter developed) my voice, image, likeness, name nickname, signature, biographical data, and any other identifying attributes (.Attributes.) and any and all of my performances, appearances, related materials, and all such effects made, produced or created in connection with the Tryout (together with Attributes, being referred to collectively as the .Materials.), and the complete and unencumbered right
throughout the world, to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use for any purpose, in any manner, by any means and in any medium, whether now known or hereafter developed, all or any or parts of the Materials, without any further consideration to me or my Representatives and without further authorization.

By clicking the check box for this form, I acknowledge that I have received, read and understand the provision set forth above, and voluntarily consent to and accept the terms therein.

1. Authority to Register and/or to Act as Agent. You represent and warrant to The JACKSONVILLE JAM that you have full legal authority to complete this event registration for JACKSONVILLE JAM, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. Compliance with Children's Online Privacy Protection Act (COPPA). You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child's personal information by THE JACKSONVILLE JAM.

2. Limitation of Liability; Disclaimer of Warranties. THE JACKSONVILLE JAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE JACKSONVILLE JAM OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE JACKSONVILLE JAM OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE JACKSONVILLE JAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE JACKSONVILLE JAM IS AT YOUR SOLE RISK. ACTIVE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE JACKSONVILLE JAM makes no warranty that the THE JACKSONVILLE JAM sites' services will be uninterrupted, secure or error free. THE JACKSONVILLE JAM does not guarantee the accuracy or completeness of any information in, or provided in connection with, the THE JACKSONVILLE JAM sites. THE JACKSONVILLE JAM is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the THE JACKSONVILLE JAM sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.

3. Indemnification. You agree to indemnify and hold each of THE JACKSONVILLE JAM and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of THE JACKSONVILLE JAM or the violation of any term of this Liability Waiver or the THE JACKSONVILLE JAM Terms of Service by you.

4. Applicable Law; Consent to Jurisdiction. The THE JACKSONVILLE JAM sites (excluding linked sites) are controlled by THE JACKSONVILLE JAM from its offices within the State of Florida, United States of America. By completing this event registration, both you and Active agree that the statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Liability Waiver, or other use of the THE JACKSONVILLE JAM sites. You agree that exclusive jurisdiction for any dispute with THE JACKSONVILLE JAM resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any dispute including any claim involving THE JACKSONVILLE JAM or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

5. Severability. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.