Terms and Conditions: you agree to the following statements: You are associated with an exclusive group dedicated to producing the finest athletic and sports footwear, apparel, and sports bras in the world. A significant part of Brooks' success may be derived from the information you will be providing as an objective Product Tester. Your selection as a Brooks Sports Product Tester allows a unique opportunity for you to evaluate some of the leading technology in the footwear and apparel industry today. The feedback you will provide is valuable to Brooks Sports, Inc. ("Brooks"), and you acknowledge and agree that all such feedback, ideas, and suggestions you provide through this program are exclusively owned by Brooks and may be used by Brooks without additional consideration or attribution to you in the continuing development of Brooks products, though Brooks has no obligation to use feedback. We may also use and share your anonymized feedback to promote our products. Do you consent to our use of your feedback? You may be involved, by your own choice, in the use of previously untested footwear, apparel, or sports bra 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 and testing of Brooks products, including your use of Brooks' facilities and equipment. Do you agree? Due to the competitive nature of our industry and the confidential nature of the technology you will be evaluating, this information will also be of interest to Brooks competitors. In consideration of being a product tester, you agree to safeguard this information and keep it highly confidential. In addition, you agree to the following: Not to post pictures, reviews, or comments on blogs, message boards, Facebook, Twitter, or anywhere else on the Internet of any shoes or products you test. Not to sell or share any products you test. Not to make products available for inspection to anyone, for any reason, other than you and the Brooks Product Test Analyst. Not to describe or discuss any products you test in any respect with anyone other than a Brooks Product Representative (i.e. Product Test Analyst). By agreeing to this Agreement and submitting this Application, you agree to be a member of the Brooks Product Testing Program and to comply with all terms and conditions outlined below. Legal Terms All applications are subject to review and acceptance is not guaranteed. Without prior written consent of Brooks, you agree to not disclose to any third party any information that may be deemed to be confidential or proprietary in nature, including but not limited to footwear, apparel, materials, or marketing plans. As a tester you agree to refrain from sharing any product you receive with any third party, including without limitation Brooks' retailers and/or Brooks' dealers, media, or online sources. This includes, but is not limited to, the product itself, photos of the product, opinions about the product, feedback regarding performance, aesthetics, etc. All conversations pertaining to product testing will remain between you, as the tester, and Brooks. Any violation of this Agreement will result in termination from the program and may result in personal liability for violation of this Agreement. Any information you learn or provide as a Product Tester is the sole property of Brooks. The product you test will remain the sole property of Brooks. You will not loan, sell or give the product to anyone. After testing, you will promptly return the product if requested. You agree that Brooks may collect and use information about you and your use of the products, including without limitation your biometric data and personal information submitted in connection with this Application and your participation in the Brooks Product Testing Program, in accordance with the Brooks Privacy Policy, available at https://www.brooksrunning.com/en_us/privacy/privacy-policy/. You also agree that Brooks may use and share your anonymized or pseudonymized personal information with Brooks' authorized third-parties to author, contribute to and publish scientific papers and articles. To the maximum extent permitted by law, you accept and assume all risks of any and all personal injury or damage to your personal property that you may face while using Brooks products, facilities, or equipment or participating in the Brooks Product Testing Program. You agree to release and hold harmless Brooks 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, illness (including any potential exposure to a virus, such as COVID-19) or damage that may occur to you, your personal property, or any third person in connection with your use of Brooks products, facilities, or equipment or your participation in the Brooks Product Testing Program You agree to comply with all laws, regulations or government orders while participating in the Brooks Product Testing Program. No employee/employer relationship is established by this Agreement or relationship. 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. Your removal from the Brooks Product Testing Program is at the total and sole discretion of Brooks.
