PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.
This Waiver and Release of Liability and Indemnity Agreement (“Agreement”) may not be modified. Signed waivers are required to participate in any US Open Cricket (“the Tournament”) events.
In consideration of being allowed to participate in any way in any Tournament programs, matches, events, and/or related activities (collectively, “Events”), I, ___________________________________, hereby acknowledge and agree that:
1. I acknowledge and fully understand that I will be engaging in activities that involve risk of SERIOUS INJURY INCLUDING BUT NOT LIMITED TO TRAUMATIC BRAIN INJURY, PERMANENT DISABILITY, PARALYSIS AND DEATH, and severe social and economic losses, which may result from, by way of example and not limitation, my own actions, inactions or negligence and/or the actions, inaction or negligence of others, or the condition of the premises or of any equipment used.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS ABOVE, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (defined below) OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN THE EVENTS.
3. I will comply with and be bound by the stated and customary terms and conditions for participation. I also agree that I will inspect the facilities and equipment to be used, and if I observe any unusual hazard or anything unsafe during my presence or participation, I will bring this to the attention of the nearest official and remove myself from participation immediately.
4. I, FOR MYSELF AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE USA CRICKET, AND EACH OF ITS RESPECTIVE OFFICERS, OFFICIALS, ADMINISTRATORS, DIRECTORS, AGENTS, COACHES, EMPLOYEES, VOLUNTEERS, OTHER PARTICIPANTS, SPONSORING AGENCIES, ADVERTISERS, OWNERS AND LESSORS OF PREMISES USED TO CONDUCT ANY EVENT (ALL OF WHICH ARE REFERRED TO HEREIN AS “RELEASEES”), WITH RESPECT TO ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, DEBTS, DUES, SUMS OF MONEY, BONDS, BILLS, BALANCES, LOSSES, COSTS, EXPENSES, DAMAGES, COVENANTS, AGREEMENTS, COMMITMENTS, UNDERTAKINGS, PROMISES, LIABILITIES, OBLIGATIONS, LAWSUITS, JUDGMENTS, ORDERS AND DEMANDS WHATSOEVER, IN LAW, AT EQUITY OR OTHERWISE, OF WHATEVER KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ASSERTED, ACCRUED, UNACCRUED, ACTUAL, CONTINGENT, OR OTHERWISE, DIRECT OR INDIRECT AND WHETHER OR NOT CONCEALED OR HIDDEN ARISING OUT OF, ON ACCOUNT OF OR RELATING TO ANY INJURY, ILLNESS, DISABILITY, DEATH OR LOSS OR DAMAGE TO PERSON OR PROPERTY(INCLUDING BUT NOT LIMITED TO INJURY, ILLNESS OR DEATH RESULTING FROM COVID-19) ASSOCIATED WITH MY PRESENCE OR PARTICIPATION IN OR OTHERWISE IN CONNECTION WITH THE EVENT(S), AND WHICH MAY BE ASSERTED BY ME OR ON MY BEHALF, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE (HEREINAFTER “RELEASED CLAIMS”), TO THE FULLEST EXTENT PERMITTED BY LAW.
5. I covenant that I shall not directly or indirectly, bring, commence, institute, maintain, prosecute, aid or fund in any way any action of any kind or otherwise assert against any of the Releasees anywhere in the world any Released Claim.
6. I AGREE TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS RELEASEES OF, FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, OBLIGATION, CLAIM, DAMAGES, SETTLEMENT, INJUNCTION, SUIT, ACTION, PROCEEDING, DEMAND, CHARGE, FINE, PENALTY, COSTS AND EXPENSES OF EVERY KIND AND NATURE, INCLUDING REASONABLE FEES, EXPENSES AND DISBURSEMENTS OF ATTORNEYS, ACCOUNTANTS AND OTHER PROFESSIONALS IMPOSED UPON, ASSERTED AGAINST OR INCURRED BY ANY RELEASEE AS A RESULT OF, ARISING FROM OR IN CONNECTION WITH MY PARTICIPATION IN OR OTHERWISE IN CONNECTION WITH THE EVENT(S), WHETHER ARISING FROM THE NEGLIGENCE OF ANY RELEASEE(S) OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
7. I am responsible for all property I bring to the Event sites, and I agree that the Releasees shall have no responsibility for any loss of, or damage to, my property
8. I agree that as a player, organizer or representative of the Tournament, I will not compete at official, sponsored, sanctioned or affiliated events, or carry out responsibilities related to official organization and event business, while under the influence of alcohol or illegal/banned drugs. Additionally, I will not engage in any unlawful acts at such events, including but not limited to the unlawful or unauthorized use, possession, distribution or consumption of alcoholic beverages or illegal/banned drugs at said events or while representing the Tournament in an official capacity.
9. I agree to abide and be bound by the USA Cricket Constitution found on USA Cricket’s website at www.usacricket.org, and all other rules, regulations, policies and procedures of USA Cricket and the Tournament.
10. I expressly agree that (a) this Agreement is governed by the laws of the State of Colorado, USA, and is intended to be as broad and inclusive as is permitted by Colorado law, and that if any portion hereof is held invalid, it is agreed that the balance shall nonetheless continue in full legal force and effect; and (b) for the purposes of any action or proceeding arising out of or related to this Agreement, I expressly submit to the jurisdiction of all federal and state courts located in the State of Colorado.
I HAVE READ AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, INCLUDING THAT I AM HEREBY GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT CONTRARY TO ANYTHING CONTAINED HEREIN HAVE BEEN MADE BY THE TOURNAMENT OR ANY OF ITS EMPLOYEES OR AGENTS OR ANY OF THE OTHER RELEASEES. IF NOT SIGNED BY A PARENT OR LEGAL GUARDIAN BELOW, I REPRESENT THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, AND I ACKNOWLEDGE THAT USA CRICKET AND EACH OF THE RELEASEES IS RELYING ON THE GRANT OF RIGHTS CONTAINED HEREIN. ADDITIONALLY, I ACKNOWLEDGE RECEIPT OF THE CONCUSSION INFORMATION BELOW AND THAT CAN ALSO BE FOUND AT www.cdc.gov/headsup/pdfs/youthsports/parent_athlete_info_sheet-a.pdf.