YOU HEREBY AND SHALL AGREE, for good and valuable consideration including participation in the Sweat Collective Program, as follows:
Individuals eligible for membership in the Sweat Collective program are those currently active as studio instructors, professional athletes, personal trainers, Olympic athletes, varsity athletes (Canada only) or run club leaders. Employees of lululemon are not eligible for membership.
Membership in the Sweat Collective Program is restricted only to individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from doing so under applicable laws.
You may be invited to participate in product testing activities (“Product Testing Activities”) and other activities related to the Sweat Collective Program, including use of lululemon products in various athletic activities and evaluation of certain products (the “Test Products”). You may be exposed to information that is confidential and proprietary to lululemon or licensors. This information may include, without limitation, non-public information, technology, product design, know-how, research, analysis, testing materials, intellectual property, trade secrets or other confidential information and proprietary information of lululemon or its licensors (the “Confidential Information”).
With respect to any Confidential Information, you agree as follows
Product Testing Release, Waiver and Indemnity
You acknowledge and agree that you are fully aware that participation in the Product Testing Activities may involve risks, including in some circumstances risk of physical injury, serious physical injury or death and you accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party.
“Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Product Testing Activities and Sweat Collective Program.
You hereby, for yourself and for your heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims you may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, you further release any recourses which you may now or hereafter have resulting from any decision of any Released Party.
You agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. You agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
You are aware that it is advisable to consult a physician prior to participating in the Product Testing Activities. If you have consulted a physician, you have taken the physician’s advice.
You grant permission to the Released Party and any transferee or licensee or any of them, to use your name, the name of your studio or fitness brand, nickname, image, likeness, and size information and utilize any photographs, motion pictures, videotapes, recordings and other references or records which may depict, record or refer to you for any purpose that are either collected taken of you by the Released Party through the Product Testing, or submitted by you to the Released Party (“Images and Identifying Information”), including commercial use by the Released Party. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. You understand and agree that you will not be compensated or receive additional consideration for consenting to the use of the Images and Identifying Information and that you will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images and Identifying Information. You hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modified the Images and Identifying Information, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which you now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and Identifying Information and the creation, use or disposition of them.
All trademarks, service marks, trade names, logos and trade dress of lululemon whether registered or unregistered (collectively the "Marks") are proprietary to lululemon. You may not display or reproduce the Marks other than with the prior written consent of lululemon, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Membership in the Sweat Collective Program does not entitle members to use the Marks in commerce, without the express written consent of lululemon.
In connection with the Sweat Collective Program, lululemon may request and you may provide content and information including profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit ("Submission(s)"). You agree that you, and not lululemon, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to lululemon).
You represent and warrant that: (i) you own all Submissions submitted by you or otherwise have the right to grant the Licenses to lululemon set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) your Submissions do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order.
By agreeing to participate in the Sweat Collective Program, you agree to release the Released Party and their respective, directors, officers, employees and agents from all liability with respect to the Sweat Collective Program. By participating in the Sweat Collective Program, members hereby release the Released Party from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to participation in the Sweat Collective Program.