Brooks Sports Inc, Wear Tester Agreement
By submitting the Brooks Wear Test Application, you have agreed to be a member of the Brooks Sports, Inc. Wear Testing Program and to comply with all terms and conditions outlined below. As such, you are associated with an elite group dedicated to producing the finest athletic and sports footwear in the world. A significant part of Brooks’ success may be derived from the information you will be providing as an objective Wear Tester. Your selection as a Brooks Sports Wear Tester allows a unique opportunity for you to evaluate some of the leading technology in the footwear industry today.
The information you will provide is valuable to Brooks Sports and will be used in the continuing development of Brooks Sports products. Due to the competitive nature of the footwear industry and the confidential nature of the technology you will be evaluating, this information will also be of interest to Brooks Sports competitors. In order to safeguard this information, you agree, in consideration for being a Wear Tester, to not disclose to any third party without the prior written consent of Brooks Sports, any information that may be deemed to be confidential or proprietary in nature, including, but not limited to, such information as footwear, materials, or marketing plans. You also agree that any information you learn or provide as a Wear Tester is the sole property of Brooks Sports.
You understand, the footwear you will test will remain the sole property of Brooks Sports. You will not loan, sell or give the product to anyone. After testing, or any time during the testing phase, if a Brooks analyst requests the product you will promptly return. In order to protect amateur athletic eligibility, athletes will return all testing product to Brooks Sports following the conclusion of a test.
While a Wear Tester, you may be involved, by your own choice, in the use of previously untested footwear technology. Any sport or rigorous athletic related activity in which you voluntarily engage carries an inherent risk of potential accident or injury. You acknowledge and accept as your own sole responsibility the risk of such activity in relation to the wearing of Brooks Sports products and agree to release and hold harmless Brooks Sports and any and all of its employees, officers, directors, or agents from liability of any kind whatsoever related to or arising out of any injury or damage that may occur to you or any third person in connection with your use of Brooks Sports products. You further acknowledge that no employee/employer relationship is established by this agreement or relationship.
While a Wear Tester you agree to the following:
- Not to post pictures, reviews, or comments in a blog, on a message board, on Facebook, Twitter, or anywhere else on the internet of any shoes or products you are testing.
- Not to sell any shoe you are testing.
- Not to make shoes available for inspection to anyone, for any reason, other than you and the Brooks Sports Wear Test Analyst.
- Not to describe or discuss shoes in any respect with anyone other than a Brooks Sports Product Representative (i.e. Wear Test Analyst).
All applications are subject to review and acceptance is not guaranteed. Removal from the Wear Tester Program is at the total and sole discretion of Brooks Sports.
Any dispute arising out of or in relation to this Agreement shall be submitted to the exclusive jurisdiction of a state or federal court of appropriate jurisdiction located in King County, Washington State and such determination shall be made by reference to the laws of the State of Washington.