NIKE EVALUATION
RELEASE AND WAIVER AGREEMENT
Please Read Carefully, Sign and Return to NIKE
I desire to participate in one or more product or performance testing, research, performance or physical measurement, testing of equipment or
procedures, and/or performance or physical evaluation (the “Evaluation”) either partially or wholly sponsored, produced, directed, organized or
conducted by NIKE, Inc., its subsidiaries or affiliates, service providers, employees and agents (“NIKE”). In consideration for the opportunity to
participate in the Evaluation, I hereby irrevocably and unconditionally warrant and agree for myself and my heirs, estate, insurers, successors and
assigns, as follows:
1. ASSUMPTION OF RISK. Before participating in the Evaluation, I will inspect the facilities, products, and equipment to be used for the
Evaluation, and if I believe anything is unsafe, I will immediately advise an official of the Evaluation of the conditions and refuse to participate or
attend until the conditions are corrected to my satisfaction. NIKE has made no representation to me as to the suitability, condition, or safety of the
facilities, products, equipment, or vehicles (if any) involved in the Evaluation. I understand that participation in the Evaluation involves inherent
risks and dangers of accidents, property loss or damage, serious personal and bodily injury, death, and severe social and economic
losses. These may result not only from my own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the
rules of play, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably
foreseeable at this time. I understand and I have considered and evaluated the nature, scope, and extent of the risks involved, and I
voluntarily and freely choose to assume these risks. I warrant that I am physically and mentally able to fully participate in the Evaluation.
I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I
require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released
Parties (as defined below) from any costs or claims arising from such medical care.
2. RELEASE FROM LIABILITY. I fully and forever release, and discharge NIKE, its directors, officers, shareholders, employees,
agents, insurers, distributors, sponsors, advertisers, representatives, contractors, assigns, and owners or operators of the Evaluation,
facilities, equipment, and vehicles, and all others involved in the Evaluation (collectively, the “Released Parties”) from any and all injuries
(including death), losses, damages, claims (including negligence claims, excluding gross negligence and intentional misconduct claims),
demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly
arising out of or in connection with my participation in or attendance at the Evaluation, including transportation related to the Evaluation,
even if it is due to the negligence or other fault of the Released Parties, to the fullest extent permitted by law.
3. COVENANT NOT TO SUE. I will not initiate any lawsuit, court action or other legal proceeding against the Released Parties, nor join or
assist in the prosecution of any claim for money damages which anyone may have, on account of injuries (including death), losses, or damages
sustained by me or others in connection with or relating in any way to my participation in or attendance at the Evaluation, and I waive any right I may
have to do so. This means that I cannot sue to hold the Released Parties responsible for any injuries, losses, or damages that I may experience
related to the Evaluation, even if it is due to the negligence or other fault of the Released Parties. I waive my insurers’ right to make a claim against
