Zalando Marketing Services GmbH and Zalando SE (“ZALANDO” or “the Organiser”) is producing, directing, organising, running or paying for the Event which is sponsored by the brand NIKE (meaning NIKE RETAIL B.V.) (the “PARTNER”). In consideration of the opportunity to take part in the Event, I agree to the terms and conditions set out in this Event Waiver.
ZALANDO has made no representation to me as to the suitability, condition or safety of the Event or Event venue and I acknowledge that taking part in the Event may involve risks and dangers of accidents, personal and bodily injury and property loss or damage. These may result from my own actions or inactions, as well as the actions or inactions of others, the rules of play, and the condition of the facilities and equipment. I understand and have considered the risks involved in taking part in the Event and I voluntarily and freely choose to take those risks, to the extent permitted by law.
To the maximum extent permitted by applicable law I, for myself and on behalf of my heirs, executors, administrators, estate, insurers, successors and assigns, hereby fully and forever release and discharge ZALANDO and its parent companies, affiliates and subsidiaries their respective officers, directors, shareholders, employees, agents, representatives, contractors, successors, assigns, and insurers, and Event sponsors, organizers, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event (collectively the “Released Parties”) from and against any and all liability, claims, causes of action, costs, losses, damages or proceedings whatsoever arising out of or in connection with my participation in or attendance at the Event (save for my death or personal injury resulting from the negligence of the Released Parties, to the extent such cannot be excluded by applicable law).
To the maximum extent permitted by applicable law, I irrevocably and unconditionally agree to hold harmless and indemnify the Released Parties from and against any losses, claims, costs, damages or expenses (including reasonable legal fees) arising in connection with any accident, loss or damage arising from my attendance at and/or participation in the Event (save for my death or personal injury resulting from the negligence of the Released Parties, to the extent such cannot be excluded by applicable law).
I understand that ZALANDO and others involved in the Event do not provide me with any insurance, either life, medical or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in or attendance at the Event. If I want insurance of any kind, I must obtain my own.
I agree that ZALANDO and/or the PARTNER may photograph and/or film me during my attendance at and/or participation in the Event and related activities (“Recording”). I agree that ZALANDO and/or the PARTNER may use my image, including for promotional, commercial and internal ZALANDO and the PARTNER purposes. I grant ZALANDO and the
PARTNER the right to use, for a period of five (5) years upon signature of this Event Waiver, throughout the world and without any compensation, any Recording of me in any media, for the purpose of advertising, promotion, or any other commercial purpose in connection with the promotion of the Event or future events, in ZALANDO and/or the PARTNER campaigns and/or for other promotional activities. I also grant ZALANDO and the PARTNER permission to display my name, image, Event standings and results during the Event and for the same purposes as any Recording.
I acknowledge and agree that any property brought to the Event is my sole responsibility and neither ZALANDO will not be liable for any loss of, or damage to, any Participant property that I brought to the Event or stored with the Organiser for the duration of the Event.
I understand and acknowledge that ZALANDO can at any time refuse to allow me to take part, or cease my participation, in the Event if I do not comply with this Event Waiver or with the instructions of ZALANDO representatives at the Event. I understand and acknowledge that my participation in the Event cannot be transferred to anyone else and cannot be exchanged for cash.
I acknowledge that ZALANDO reserves the right to change the Event date or make any other amendment to the Event that it deems necessary and reasonable. ZALANDO may cancel the Event for any valid reason such as lack of participation, challenges in the organisation, financial issues, etc and may cancel the participation of any of the PARTNERS in the Event. ZALANDO shall have no responsibility for any losses, expenses or costs incurred as a result of amendment or cancellation of the Event, including any travel or accommodation costs. COVID-19. I accept and acknowledge that ZALANDO may introduce guidance and/or policies from time to time designed to reduce the risk of transmission of COVID-19, however, it is not possible to eliminate that risk entirely. I assume the risk of suffering an illness or fatality related to COVID-19 as a result of my participation in the Event, and agree (on my own behalf, and on behalf of my heirs, executors, administrators, estate, insurers, successors and assigns) that I shall hereby fully and forever release and discharge the Released Parties from and against any and all liability, claims, causes of action, costs, losses, damages or proceedings whatsoever arising out of or in connection with my participation in or attendance at the Event, to the extent permitted by applicable law (save for my death or personal injury resulting from the negligence of the Released Parties, to the extent such cannot be excluded by applicable law).
I agree that ZALANDO and/or the PARTNER may assign the rights granted to it to any third party as it sees fit.
If any portion of this Event Waiver is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Event Waiver supersedes any oral or written statements made by or to me in connection with the Event.
This Event Waiver and any dispute or claim arising out of or in connection with it or its
subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the jurisdiction of the Participant’s residence.