USG VIDEO SCOUTING

UNITED SPORT GROUP L.L.C. (“USG”) TERMS, WAIVER AND RELEASE

1. Cost. The cost is as follows: $140 (edited video); $240 (full game footage); plus additional fees as set forth herein. The price does not include anything not specifically mentioned.

2. Cancelation. USG reserve the right to cancel. In such event, USG shall have no responsibility, beyond the refund of deposits and monies paid to USG.

3. Acknowledgement of Risk. By signing this Agreement, waiver, and release Registrants and their parents/guardians acknowledge and agree that they understand and that playing soccer, involves hazards and dangers, and could result in physical injury, or even death. By signing below, Registrants and their parents/guardians agree to assume the risk of all dangers and risks of participating in soccer, whether known or unknown, regardless of how they arise, or who is at fault. Registrants and their parents/guardians further waive and release USG, its members, owners, officers, directors, shareholders, employees, agents, and insurers from any and all liability whatsoever that arises out of or is related in any way to participation in soccer or any activity therewith. This waiver and release applies to all claims of negligence, gross negligence, or any other liability that may arise from participation in soccer. Registrants and their parents/guardians further agree to indemnify and hold USG, its members, owners, officers, directors, shareholders, employees, agents, and insurers harmless for any claim that is raised or may be raised, arising out of or related to Registrants and their parents/guardians’ conduct and/or participation including Registrants and their parents/guardians’ participation in the sport of soccer.

4. Name and Likeness. Registrants and their parents/guardians irrevocably grant United Sport Group L.L.C., its members, and assigns the right to use their name, image (including but not limited to audio, video, film, digital image, virtual programming, and any other media), and biographical information for any purpose including its own promotional material and advertising. Registrants and their parents/guardians grant United Sport Group L.L.C, its members, and assigns the right to distribute, transmit, publish, copy, or otherwise exploit, either in whole or in part, either digitally or in any other medium now known or later discovered said name, image and biographical information. Registrants and their parents/guardians understand and acknowledge that they are not being compensated in any way for the use of said name, image, and biographical information and that they do not have approval over how or where it appears.  Registrants and their parents/guardians hereby release and hold United Sport Group L.L.C., their members, and all persons acting under its permission or authority harmless from any and all claims or liability arising out of use said name, images and biographical information. This release will bind registrants, and their parents/guardians, their heirs, guardians, assigns, and legal representatives.

5. Recordings and other materials. All recordings and other materials uploaded or otherwise transmitted to United Sport Group L.L.C. or its agents shall be the property of United Sport Group L.L.C. Registrants and their parents/guardians represent and warrant that they own the copyright for all recordings and other materials uploaded and hereby agree and acknowledge that the copyright for such recordings and other materials shall be the property of United Sport Group L.L.C. Registrants and their parents/guardians acknowledge and agree that United Sport Group L.L.C. and its assigns have the unlimited and unrestricted right to reproduce the recordings and other materials, to distribute the recordings and other materials, to create derivative materials based on the recordings and other materials, to publicly display the recordings and other materials, and to transmit the recordings and other materials digitally or by any other means. Registrants and their parents/guardians represent and warrant that each element of the recordings and other materials are original material created by them. Registrants and their parents/guardians further represent and warrant that the recordings and other materials do not infringe the copyright, trademark, patent, moral rights (droit moral), right of privacy, or right of publicity of any third party or contain any defamatory material. To the extent that Registrants and their parents/guardians have any moral rights (droit moral) or similar rights in the recordings or other materials, under the law of any jurisdiction, Registrants and their parents/guardians expressly waives those rights. In particular, Registrants and their parents/guardians waive any right to have the recordings or other materials attributed to the Registrants and their parents/guardians or to prevent the recordings or other materials from being modified, edited, transformed, or otherwise adapted as United Sport Group L.L.C. or its assigns may choose. Registrants and their parents/guardians agree to indemnify and hold USG, its members, owners, officers, directors, shareholders, employees, agents, and insurers harmless for any claim that is raised or may be raised, arising out of or related to said recordings and other materials including but not limited to claims by any third party due to the use of said recordings and other materials.

6. Forum / Choice of Law. In the event that any action is commenced against United Sport Group L.L.C. or any of its members all Registrants and their parents/guardians agree that it must be commenced in the county of Westchester in the state of New York and that all matters shall be governed by and construed in accordance with the laws of the State of New York excluding the principles of conflicts of law. United Sport Group L.L.C. and its members shall be entitled to recover all costs and reasonable attorney’s fees incurred in the event any action or proceeding is brought outside of the county of Westchester in the state of New York.

7. Severability. Should any portion of this contract, waiver, and release be declared void or unenforceable, that portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected.

8. Limitation of Liability. In the event that United Sport Group L.L.C. shall be found to be liable for any cause of action by the Registrants and/or their parents/guardians United Sport Group L.L.C.’s maximum liability shall be limited to the return of monies received.

9. Notice. Any notice given to either party shall be in writing and shall be deemed to have been given when delivered by certified mail, return receipt requested.

10. Merger. This agreement contains the entire understanding of the parties with regard to its subject matter and there are no other agreements, representations or warranties in connection therewith, and it may not be altered or terminated except by an instrument signed by the parties.