COLLEGIATE ESPORTS COMMISSIONER'S CUP (CECC) EVENT PARTICIPANT RELEASE & WAIVER
Collegiate Sports Management Group, Inc. (“Company”) is hosting CECC Events (the “Event”). The undersigned participant and/or invitee (the “Invitee”) desires to enter onto the Premises and participate in and/or observe the Event, and Invitee’s participation in and/or observation of the Event, including without limitation Invitee’s access to the Premises, is contingent upon Invitee’s entering into this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (the “Release Agreement”).
For and in consideration of Invitee’s permitted participation in and/or observation of the Event, including without limitation Invitee’s access to the Premises, and other good and valuable consideration the receipt and sufficiency which is hereby acknowledged, Invitee, on behalf of Invitee and Invitee’s personal representatives, heirs, spouse, family members, next of kin, permitted assigns, insurers, executors, and administrators (collectively, “Invitee Affiliates”) unconditionally and irrevocably understands, acknowledges, and agrees as follows, to the greatest extent permitted by law:
This Release Agreement shall be binding upon and enforceable against Invitee and the Invitee Affiliates without limitation. It is Invitee’s desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release Agreement shall be enforceable to the fullest extent permitted by applicable state and federal laws, ordinances, statutes, rules, and regulations (collectively, “Applicable Law”). If any portion of this Release Agreement is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. The terms of this Release Agreement shall continue from this date forever.
Invitee specifically acknowledges and agrees that this Release Agreement is not subject to limitations and conditions that would otherwise apply under Applicable Law, and additionally agrees to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO INVITEE UNDER APPLICABLE LAW.
Invitee understands and acknowledges the significance and consequences of such a specific waiver and hereby assumes full responsibility for any “Injuries” (defined herein) which Invitee may incur in connection with Invitee’s permitted participation in and/or observation of the Event. This Release Agreement shall be construed and interpreted as broadly as possible under the laws of the State of Connecticut.
The term “Company Parties” as used herein means Company and its owners, shareholders, members, officers, directors, managers, agents, employees, contractors, Event vendors, consultants, attorneys, representatives, affiliates, sponsors, partners, assigns, and all other related persons and entities of the above.
(1) ASSUMPTION OF RISK. Invitee’s choice to participate in and/or observe the Event is knowing, voluntary, and made for Invitee’s personal enjoyment. Invitee understands that participation in and/or observance of the Event involves inherent and extraordinary risks and dangers of accidents, faulty parts/equipment, debris, rescue operations, emergency treatment, property loss or damage, serious and permanent personal and bodily injury, severe personal and economic losses, medical problems, including those that may develop many months or years later, emotional distress, mental or physical illness, irreversible neurological trauma, disability, and/or death (collectively, “Injuries”). These may result not only from Invitee’s own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, including without limitation the Company Parties, or the condition of the Premises. In addition, Invitee understands and acknowledges that the aforementioned Injuries may be caused, increased, and/or compounded by negligent rescue operations and/or procedures of the Company Parties and/or third parties. Further, there may be other risks not known to Invitee or reasonably foreseeable at this time. Invitee understands and has considered the risks involved, and Invitee, with full knowledge of and having evaluated such risks, nonetheless voluntarily agrees to enter into this Release Agreement, freely chooses to fully assume these risks, and to participate in and/or observe the Event.
(2) BINDING RELEASE AND COVENANT NOT TO SUE. Invitee, on behalf of Invitee and the Invitee Affiliates, hereby unconditionally and irrevocably waives and fully and forever releases, surrenders, acquits, and discharges the Company Parties from, and covenants and agrees not to sue or initiate any Claim against the Company Parties, nor join or assist in the prosecution of any Claim for any matter released herein, including for money or other damages which anyone may have, on account of, any and all Injuries (including death), losses, damages, claims (including negligence claims), actions, causes of actions, court actions, suits, legal proceedings, demands, lawsuits, expenses (including, without limitation, out of pocket legal fees, costs, and expenses), judgments, obligations, penalties, and any other liability of any kind, of or to Invitee, Invitee’s property, or any other person, of whatever kind and nature (collectively, “Claims”) directly or indirectly arising out of or in connection with Invitee’s participation in and/or observance of the Event, even if it is due to the negligence, injudicious act, omission, or other fault of any Company Party. Invitee waives Invitee’s insurers’ right to make a Claim against the Company Parties based on payments by insurers to Invitee or on Invitee’s behalf for any reason. This means Invitee’s insurers have no rights of subrogation against the Company Parties.
(3) INDEMNITY. Invitee, on behalf of Invitee and the Invitee Affiliates, shall forever defend, indemnify, protect, save, and hold harmless and reimburse the Company Parties from and against any and all Claims imposed on, incurred by, or asserted against the Company Parties or paid by them in their sole discretion to any person (including Invitee, the Invitee Affiliates, or Invitee’s insurers) arising out of, or otherwise in connection with Invitee’s participation in and/or observance of the Event.
(4) MEDICAL EXPENSES AND INSURANCE CLAIMS. Invitee hereby consents to receive medical treatment which may be deemed necessary in the event of any Injuries, illness, accident, or medical emergency resulting from or in connection with Invitee’s participation in and/or observance of the Event and understands that Invitee is solely responsible for all costs and expenses related to such medical treatment, medical transportation, and/or evacuation, including without limitation Injuries that may be caused, increased, and/or compounded by negligent rescue operations and/or procedures. Invitee will be responsible for filing Invitee’s own medical claims with Invitee’s own health insurance relating to any Injuries and/or medical treatment related to Invitee’s participation in and/or observance of the Event.
(5) REPRESENTATIONS, COVENANTS, AND UNDERSTANDINGS. Invitee hereby represents and warrants that Invitee (a) is at least eighteen (18) years of age (and if not at least eighteen (18) years of age, Invitee’s parent or legal guardian is signing this Release Agreement on behalf of Invitee in Appendix A to this Release Agreement, which is attached hereto and fully incorporated herein by this reference); (b) is in good health; (c) is in proper physical condition to participate in and/or observe the Event; (d) does not have any medical or other conditions that would impair Invitee’s ability to participate in and/or observe the Event; and (e) is not subject to an order or recommendation from a licensed medical doctor not to participate in and/or observe activities similar to the Event. If at any time Invitee believes conditions to be unsafe or that Invitee is no longer in proper physical condition to participate in and/or observe the Event, Invitee will immediately cease participation in and/or observance of the Event and vacate the Premises. No Company Party has made any representations and/or warranties of any kind regarding Invitee’s qualifications, health, condition, ability, or fitness to participate in and/or observe the Event, and Invitee is relying on Invitee’s own determination that Invitee is capable of participating in and/or observing the Event. Invitee will follow any and all instructions, rules, regulations, restrictions, guidelines, policies, recommendations, and cautions of Company and/or the Premises at all times relating to the participation in and/or observance of the Event. Invitee further understands, acknowledges, and agrees that Company has the right, for any or no reason, to revoke Invitee’s permission to participate in and/or observe the Event, and my further require Invitee to vacate the Premises.
(6) NO WARRANTY. Invitee acknowledges, understands, and agrees that no warranty, either express or implied, is made by Company as to the condition of the Premises, and that access to the Premises for the Event is provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis and Invitee’s participation in and/or observance of the Event is at Invitee’s sole risk and discretion. COMPANY HEREBY DISCLIAMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES REGARDING THE PREMISES AND/OR THE CONDITION OF THE EVENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES REGARDING THE PREMISES AND/OR THE EVENT’S SAFETY, CONDITION, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR WHETHER OR NOT THE EVENT WILL MEET INVITEE’S REQUIREMENTS OR EXPECTATIONS.
(7) OWNERSHIP, PUBLICITY AND MEDIA.
(A) Invitee, on behalf of Invitee and the Invitee Affiliates, hereby understands, acknowledges, and agrees that Company solely, exclusively, and in perpetuity owns any and all (i) information and/or data supplied by or created in connection with the Event, including without limitation any and all Event Data (as defined below), and (ii) rights to broadcast, transmit live, film, tape, capture, stream, overhear, photograph, collect, post, publish, and/or record all Works (as defined below) by any means, process, medium or device (including television, cable television, radio, pay-per-view, closed-circuit television, satellite signal, digital signal, film productions, audiotape productions, transmission over the Internet, and public and private online services authorized by Company), whether or not currently in existence, and that, as between Company on the one hand, and Invitee and the Invitee Affiliates on the other hand, Company is and shall be the sole owner of any and all intellectual property rights (including patents, copyrights, trademarks, design rights, and other ancillary and proprietary rights) worldwide in and to these Works, copyrightable or otherwise, created from the images, sounds, and Event Data arising from and during any Event (excluding, for clarity, any Invitee IP embodied in any Work). To the extent not already owned by Company, the Invitee hereby assigns, and shall cause any applicable Invitee Affiliates to assign, to Company any and all rights set forth above, exclusively and in perpetuity. “Event Data” means any and all data and other information arising from and during the Event, including without limitation video game performance information, scoring, and results. “Works” means all film, audio only, video only, audio-visual, photographic images, sounds, and Event Data arising from and during the Event.
(B) Invitee hereby irrevocably grants the Company Parties, without limitation, the worldwide, royalty-free, and perpetual right and license to use, and to sublicense to others the right and license to use, Invitee’s name, image, likeness, voice, and other biographical material, including without limitation gamertags, social media handles, photographs, audio/visual content, images, and sounds of Invitee (the “Invitee IP”) captured during the Event, in any medium now known or hereafter devised (including but not limited to print, broadcasts by and through television, cable television, radio, pay-per-view, closed circuit television, satellite signal, digital signal, film productions, audiotape productions, transmissions over the Internet, public and private online services, and sales and other commercial projects, and the like) for any and all uses and purposes, including without limitation uses and purposes that publicize and/or promote any Company Party, without compensation or approval.
INVITEE HAS READ THIS RELEASE AGREEMENT (INCLUDING THE REPRESENTATIONS, COVENANTS, AND AGREEMENTS CONTAINED HEREIN), FULLY UNDERSTANDS ALL THE TERMS, HAS HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF INVITEE’S CHOOSING, UNDERSTANDS THAT INVITEE IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAS SIGNED THIS RELEASE AGREEMENT (INCLUDING THE REPRESENTATIONS, COVENANTS, AND AGREEMENTS CONTAINED HEREIN) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO INVITEE. ACCORDINGLY, THE TERMS HEREIN SHALL BE CONSTRUED ACCORDING TO THEIR FAIR MEAINING AND NOT FOR OR AGAINST ANY PARTY.
COLLEGIATE ESPORTS COMMISSIONER'S CUP (CECC) PLAYER CODE OF CONDUCT
At Collegiate Sports Management Group/ESPORTSU, we pride ourselves on providing top-notch service, while creating a safe and enjoyable environment for all esports esports athletes. We work hard to uphold a positive and admirable reputation that values the well-being, encouragement, promotion, and support of all esports athletes. An esports athlete is considered to be subject to this policy from the moment they are selected to participate, through practice, and until the game has transpired. Participating in this event is considered to be a privilege, and CSMG expects that all esports athletes comply with specific policies and guidelines in order to assist in maintaining such image. The CSMG Code of Conduct is intended to provide esports athletes with rules and guidelines to encourage ethical decision making on and off the field.
Under CSMG’s Code of Conduct Policy, each participating esports athlete has a responsibility to obey the rules and regulations of the CECC Event Series:
THE SURROUNDING COMMUNITY
In this policy, the Code of Conduct pertains to all parties involved in, or observing an activity including all esports athletes, coaches and staff, tournament officials, and spectators.
RULES AND GUIDELINES
Esports athletes are expected to abide by the following ethical guidelines and standards:
1. All esports athletes must adhere by the standard rules of esports gaming as per the rule sets provided.
2. Esports athletes are expected to respect the decisions made by coaches and tournament operators during all esports competitions and allow these qualified officials to perform their respective jobs and functions. Participants will show proper respect to all staff members, tournament operators, coaches, and players.
3. Sportsmanship is the backbone of our program. Esports athletes should recognize the main purpose of this game is to have fun and enjoy the experience of being able to play with other esports athletes from colleges across the country. All esports athletes are expected to demonstrate good sportsmanship and fair play before, during, and after practices and the all-star game.
4. Verbal, written, digital, and/or physical intimidation, conflict, or interaction is against policy. Esports athletes are expected to communicate and resolve conflict with other participating individuals, teammates, opponents, officials, and spectators with respect. There is zero tolerance for violence or aggression with or against any persons.
5. Collegiate Sports Management Group expects all esports athletes to conduct themselves with proper regard for the welfare of others for the purpose of maintaining a controlled and safe environment for all parties.
6. While the nature of esports creates the desire to win, that is not what we hold most important in our program. Esports athletes are encouraged to celebrate a victory, but not in an excessive manner. In addition, verbal or physical taunting of the opponent will absolutely not be tolerated. Esports athletes are expected to be modest when successful and gracious in defeat, during practice and competition.
7. Abusive language, taunting, or bullying towards any participant, fan, official or staff member, including students and fans from other schools is not permitted. Any degree of physical or verbal abuse will not be tolerated and will result in the immediate removal from the activity, with possible suspension from any future programs or events.
8. Drug and alcohol abuse is an incredibly severe and growing issue in today’s youth. There is a zero tolerance policy regarding the use of drugs, tobacco, or alcohol Any evidence of this illegal use throughout the course of the event weekend will result in immediate removal from the event.
9. No personal advertising or sponsoring of any event participant without written consent of CSMG and their sponsors.
REPORTING PROCEDURES
Once an act has been committed, a report will be filed with the esports athlete’s coach and forwarded to any participants involved. Two witnesses (at minimum) are preferred to report any incident. All incidents will be assessed by the coach and CSMG officials, and consequences will be made as a collective decision. If you have questions or concerns about compliance with the rules outlined in this policy or are uncertain about a specific action, we strongly encourage you to reach out and speak to a coach, tournament director, or CSMG staff member regarding the violation in question. If you are uncomfortable talking in person, you may report any violation via phone (203-650-3686) or email collegiatesmginfo@gmail.com.
VIOLATION OF THE POLICY
The failure to comply with these rules is detrimental to the stature of Collegiate Sports Management Group and the CECC and has the potential to result in severe consequences including, but not limited to, admonishment, removal from the event, suspension, and legal action. Additionally, CSMG is committed to the belief that all esports athletes have the right to play in an environment that is free from harassment, intimidation, violence, and discrimination. Any harassment related to religion, age, race, disability, or sexual orientation is a violation of this policy and will result in further consequences, as outlined in this policy. Collegiate Sports Management Group expressly prohibits any form of unlawful discrimination against other esports athletes, coaches, spectators, and officials. Any conduct that contradicts all expected behavior, on or off the event properties, will be considered an infraction of the Policy and is justification for verbal reprimand, or removal from the CSMG events, and is contingent on the situation of the particular violation. An esports athlete may be considered in violation if he or she participated directly in the prohibited acts, assisted in the violation of these acts, or consciously failed to report the wrongful acts of another.
COMPLIANCE WITH APPLICABLE LAWS
Any violation of a civil or criminal statute including harassment, assault, vandalism, property damage, disorderly conduct, and any other misdemeanors or felonies, is out of the hands of Collegiate Sports Management Group and will result in the respective punishment according to that law in the appropriate jurisdiction. Any esports athlete who is found guilty of a criminal act will be immediately dismissed from the event and be subject to the appropriate and necessary punishment.
COLLEGIATE SPORTS MANAGEMENT GROUP AUTHORITY
All penalties and rulings are under the discretion of CSMG, and all decisions are final. I have read the Collegiate Sports Management Code of Conduct Policy in detail, understand all of its conditions, and hereby agree to the terms of the statement in its entirety.