Performance Wear definition
Performance Wear means products that are (i) designed or engineered, and marketed as designed or engineered, as clothing intended to enhance physical performance, support sport-specific activity, or provide functional benefits for sport, training, fitness or exercise (including through the use of technical fabrics, construction or features such as moisture-wicking, compression, temperature regulation, ventilation, support or impact-protection), and (ii) marketed, promoted, offered for sale and sold specifically as exercise, training, sport or workout clothing to and through a performance wear, activewear (other than ‘athleisure’ or ‘lifestyle’ activewear), training, or sport department. Notwithstanding the foregoing, and for the avoidance of doubt, the Parties acknowledge and agree that “Performance Wear” does not include products that are (x) primarily marketed for spectator use, casual comfort, or as style-driven “athleisure” or “sportswear,” even if consumers choose to wear such apparel for exercise or physical activity, or (y) described on, or substantially similar to those identified on, Exhibit I (it being understood, for the avoidance of doubt, that such products described in the foregoing clauses (x) and (y), including “sportswear” and “athleisure” products, may incorporate technical features or fabrications, and that such products are Licensed Products).
Examples of Performance Wear in a sentence
Sportswear excludes Performance Wear, Athleisure, Denim Products, Swimwear, Tailored Products, Sleepwear, Heavy Outerwear, Cold Weather Accessories, headwear, belts, socks, and Hosiery and Underwear.