Calgary Hitmen Waiver and Release

WARNING: THIS ACKOWLEDGEMENT WILL AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY

I am a subject (“Subject”) (or the parent or guardian of a minor Subject), collectively Subject, who will appear in the photograph (“Photograph”) submitted to appear in the Hitmen’ production of visual fan cutouts (“Production”). In consideration for the possibility of appearing in the Production, or other works associated with the Production as they may be reproduced, distributed and displayed, and for other good and valuable consideration, I irrevocably grant and assign to Calgary Sports and Entertainment Corporation, as general partner for, and on behalf of, Calgary Hitmen Hockey Club (collectively the “Hitmen”), in perpetuity, the rights to the Photograph and the unrestricted right, without additional financial or other compensation, to use the Subject’s image, likeness, name, voice and Photograph in any and all manner, including, without limitation, in–arena (Seven Chiefs Sportsplex) entertainment, television or radio broadcast, internet distribution, and any other means now existing or hereafter developed, and the reproduction, modification, distribution and alteration of the Photograph and Subject’s image, name, voice and likeness, whether via in–arena (Seven Chiefs Sportsplex) entertainment, television or radio broadcast, internet distribution, and any other means now existing or hereafter developed. I also waive and release any of my (or, in the case of a minor Subject, such minor Subject’s) privacy rights, rights of publicity, editorial rights, and any and all other rights with respect to the Photograph or the use the name, image, voice or likeness of the Subject. I release, discharge and hold harmless Hitmen, from any claim, cause of action, damages or liability, regardless of legal theory, that I (or any minor Subject) may have (or that I, in the case of a minor legal Subject, may have as parent or guardian) arising from the use, reproduction, modification, distribution or display of the Subject’s name, image, likeness, voice, the Photograph or any drawing, image or other work created by or for Hitmen as a result of the Photograph.

This Acknowledgement of Grant, Waiver and Release is entered into by the Subject for the benefit of the Calgary Sports and Entertainment Corporation, as general partner for, and on behalf of, Calgary Hitmen Hockey Club, successors and assigns, parent companies, subsidiaries and legal affiliates, and their respective, directors, officers, shareholders, employees, representatives, consultants, volunteers, staff, members, legal advisors and insurers (“CSEC Parties”).

I WARRANT THAT I AM AT LEAST EIGHTEEN (18) YEARS OLD. I HAVE READ THIS GRANT, WAIVER AND RELEASE, AM FULLY FAMILIAR WITH THE CONTENTS HEREOF AND UNDERSTAND THAT THIS GRANT, WAIVER AND RELEASE SHALL BE BINDING ON ME (AND , IN THE CASE OF A MINOR SUBJECT, THE MINOR) AND SHALL BE BINDING UPON EITHER OF OUR HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS. I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CSEC PARTIES IN ACCORDANCE WITH THE TERMS SET FORTH ABOVE. THIS GRANT, WAIVER AND RELEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ALBERTA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. IF ANY PART OF THIS GRANT, WAIVER AND RELEASE SHALL BE DECLARED TO BE INVALID BY ANY COURT OF COMPETENT JURISDICTION, SUCH JUDGEMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER HEREOF, WHICH REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT.