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US OPEN CRICKET WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT 

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    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.

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    Participant under 18: THIS IS TO CERTIFY THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT, DO CONSENT AND AGREE TO HIS/HER RELEASE AS PROVIDED ABOVE OF ALL THE RELEASEES, AND, FOR MYSELF, MY CHILD AND OUR HEIRS, ASSIGNS, AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO MY MINOR CHILD’S INVOLVEMENT OR PARTICIPATION IN THESE PROGRAMS AND/OR EVENTS AS PROVIDED ABOVE, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, TO THE FULLEST EXTENT PERMITTED BY LAW. I HAVE EXPLAINED THE RISK OF PARTICIPATING IN THE EVENTS AND SAFETY RULES TO MY CHILD AND HE/SHE UNDERSTANDS THE INHERENT RISKS AND AGREES TO FOLLOW ALL RULES OF PARTICIPATING. 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.

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    Your membership or participation in this or any USA Cricket sanctioned event or league is always subject to the rules, policies, procedures and governing documents of USA Cricket and may trigger important consequences.

    PARENT/ATHLETE CONCUSSION INFORMATION SHEET

    A concussion is a type of traumatic brain injury that changes the way the brain normally works. It is caused by a bump, blow, or jolt to the head or body that causes the head and brain to move rapidly back and forth. Even a “ding,” “getting your bell rung,” or what seems to be a mild bump can be serious. Signs and symptoms of concussion can show up right after the injury or may not appear or be noticed until days or weeks after the injury. If an athlete reports one or more symptoms of concussion listed below after a bump, blow, or jolt to the head or body, s/he should be kept out of play the day of the injury and until a health care professional, experienced in evaluating for concussion, says s/he is symptom-free and it’s OK to return to play. Concussion Danger Signs: In rare cases, a dangerous blood clot may form on the brain in a person with a concussion and crowd the brain against the skull. An athlete should receive immediate medical attention if after a bump, blow, or jolt s/he exhibits any of the following danger signs:

     

    •One pupil larger than the other
    •Cannot recognize  people or places
    •A headache that not only does not diminish, but gets worse
    •Slurred Speech
    •Is drowsy or cannot be awakened
    •Loses consciousness
    •Weakness, numbness, or decreased coordination
    •Has unusual behavior
    •Repeated vomiting or nausea
    •Convulsions or  seizures
    •Becomes increasingly confused, restless, or agitated
     
     
    Why should an athlete report their symptoms? If an athlete has a concussion, his/her brain needs time to heal. While an athlete’s brain is still healing, s/he is much more likely to have another concussion. Repeat concussions can increase the time it takes to recover. In rare cases, repeat concussions in young athletes can result in brain swelling or permanent damage to their brain. They can even be fatal.

    What should you do if you think your athlete has a concussion? If you suspect that an athlete has a concussion, remove the athlete from play and seek medical attention. Do not try to judge the severity of the injury yourself. Keep the athlete out of play the day of the injury and until a health care professional, experienced in evaluating for concussion, says s/he is symptom-free and it’s OK to return to play.

    Rest is key to helping an athlete recover from a concussion. Exercising or activities that involve a lot of concentration, such as studying, working on the computer, or playing video games, may cause concussion symptoms to reappear or get worse. After a concussion, returning to sports and school is a gradual process that should be carefully managed and monitored by a health care professional. It’s better to miss one game than the whole season. For more information on concussions, visit http://cdc.gov/headsup/ as well as the “Concussion Information Sheet” for parents and athletes at https://www.cdc.gov/headsup/pdfs/youthsports/parent_athlete_info_sheet-a.pdf  

    Signs Observed by Coaching Staff        Symptoms Reported by Athletes             Did you know?

    •Appears dazed or stunned
    •Headache or “pressure” in head
    •Most concussions occur
    •Is confused about assignment or position
    •Nausea or vomiting without loss of consciousness
    •Forgets an instruction
    •Balance problems or dizziness
    •Athletes who have, at any
                

    • Is unsure of game, score, or opponent Moves clumsily or answers questions slowly                

    • Double or blurry visionSensitivity to light or noise point in their lives, had a concussion have an increased risk for another concussion
    •Loses consciousness (even briefly)
    •Feeling sluggish, hazy, foggy, or groggy
    •Young children and teens are more likely to get a
    •Can’t recall events prior to or after 
    •Concentration or memory problems or confusion
     
    concussion and take longer to recover than adults
    •Shows mood, behavior, or personality changes
    •Just not “feeling right” or “feeling down”
     
     
    Remember...Concussions affect people differently. While most athletes with a concussion recover quickly and fully, some will have symptoms that last for days, or even weeks. A more serious concussion can last for months or longer

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