Terms and Conditions
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of my minor child/ward being allowed to participate, in any way in TARRANT ELITE YOUTH SPORTS (the “Operator”) related events and activities, including but not limited to the GYBL, the undersigned , the undersigned acknowledges, appreciates, and agrees that:
The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM the NEGLIGENCE OF the RELEASEES or others, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS the Operator and the Releasees, their officers, officials, agents, contractors, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event ("RELEASEES"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, Whether ARISING FROM the NEGLIGENCE OF the RELEASEES OR Otherwise, to the fullest extent permitted by law.
As further consideration of participation my minor child/ward being allowed to participate, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, consent to Operator and its authorized representatives taking photographs or video of participants at event sites, including my minor child/ward. Operator retains the right to use any such photographs or video for publicity, advertising, website/social media posts, or video streaming or archiving, without payment of fees, royalties, special credit, or other compensation.
Covid-19. The novel coronavirus ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely dangerous and is believed to be spread from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The state of Texas and local governments have determined that under limited circumstances, using strictly followed health guidelines, certain businesses may re-open operations at this time. This is not to be seen as any medical or health care determination that COVID-19 is no longer a threat to the lives and health of citizens of Texas and surrounding areas.
The Operator and the Facility have put in place preventative measures to reduce the spread of COVID-19, however the Operator cannot guarantee that you or your children will not become infected with COVID-19. Further, your physical presence at the DSG Event could increase your risk or your children's risk of contracting COVID-19. All references below to “I” shall include the Attendee and shall be made on behalf of any accompanying minor(s).
By agreeing to this statement, acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my children and I may be exposed to or infected by COVID-19 by attending the Operator Events and that such exposure or infection may result in personal injury, illness, permanent disability or death. I understand that the risk of becoming exposed to or infected by COVID-19 in attending an Operator Event may result from the actions, omissions, or negligence of myself and others, including but not limited to, the owners, officers, employees, contractors, and agents of the Operator and the Facility hosting the Event.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my children and myself (including, but not limited to, personal injury, disability or death), illness, damage, monetary loss, claim, liability, or expense of any kind, that I or my children may experience or incur in connection with my children's participation at the Operator event or activities (collectively referred to as "Claims"). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge and hold harmless the owners, officers, employees, contractors, and agents of the Operator and the Facility hosting the Event, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand that this release includes any Claims based on the actions, omissions, or negligence of the owners, officers, employees, contractors, and agents of the Operator and the Facility hosting the Event, whether a COVID-19 infection occurs before, during or after attendance at the Operator’s Event.
I agree to protect, defend, indemnify and hold harmless the Operator (as well as its owners, officers, employees, contractors, and agents and the Facility hosting the Event) regarding any of the Claims, and shall be liable to pay attorneys' fees and costs incurred by the Operator or any of the foregoing persons mentioned in this paragraph in the event that I or any person on my behalf bring a Claim that has been otherwise waived by this agreement.