Name of Event: SA United Soccer Club - 11th Annual United for Hope Tournament (the “Event”)
Preamble: In return for the Participant being allowed to enter and remain at the Event, including use of the Event’s facilities, and to participate in activities in connection with the Event, including, but not limited to, academic activities, sporting activities, recreational activities, and any living or travel arrangements made in connection with those activities, the Parent or Legal Guardian and the Participant, on behalf of themselves and their Related Persons (as defined below), consent and agree to the following terms. As used in this Agreement, the term “Related Persons” shall mean a Parent’s/Legal Guardian's or Participant’s heirs, assigns, executors, administrators, next of kin and other persons acting or claiming to act on their behalf.
1. Acknowledgment of COVID-19 Risks. Each Participant or Parent/Legal Guardian understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented by the Event, Texas United Soccer Clubs LLC d/b/a SA United Soccer Club LLC, and its affiliates (“SA United”), and/or third parties (such as by federal and state governmental agencies) (collectively, the “COVID-19 Protocols”), can eliminate the risk of exposure to COVID-19; (c) people of all ages and health conditions, including healthy young people, have been adversely affected by COVID-19; (d) certain people have been identified by public health authorities as having greater risk based on their age or underlying medical conditions; and (e) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death, regardless of a person’s age or health condition. Participant and Parent also acknowledge that the COVID-19 Protocols may prove inadequate to prevent the exposure and transmission of COVID-19 and that it is possible that from time to time persons present at the Event, or at any locations to which the Event teams may travel, may not comply fully with the COVID-19 Protocols. Each Participant and Parent/Legal Guardian understand that the implementation of the COVID-19 Protocols does not guarantee that Participant will not be exposed to or contract COVID-19 as a result of his or her attendance at the Event or pass COVID-19 on to others, including Parent/Legal Guardian and other family members of Parent/Legal Guardian or Participant. Each Participant and Parent/Legal Guardian understand and knowingly and voluntarily assume all risks related to traveling to and from, living at and practicing and playing games at the Event. Those risks may include an increased risk of exposure to illness (including, but not limited to, COVID-19), personal injury, disability, and other short-term or long-term health effects including death, which might result not only from Participant’s own actions, inactions or negligence, but from the actions, inactions or negligence of any of the Released Parties (as defined below). Each Participant and the Parent/Legal Guardian accept that they have personal responsibility for any and all costs and expenses, damages, liability, and other losses that Participant, Parent/Legal Guardian, or any Related Persons may incur in connection with the risks described above.
2. Acknowledgement of Event Participation Risks. There are inherent risks that come with participating in the Event. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken. Each Participant and the Parent/Legal Guardian accept that they have personal responsibility for any and all costs and expenses, damages, liability, and other losses that Participant, Parent/Legal Guardian, or any Related Persons may incur in connection with the risks described above.
3. Participant Acknowledgements. Each Parent/Legal Guardian and Participant acknowledge that the following statements are true and accurate and that no Released Parties (as defined in paragraph 4 below) can be held responsible in any way if they are not: (i) Participant and Parent/Legal Guardian have consulted with Participant’s own doctor to ensure that his or her participation in the Event will not pose any unusual risks to his or her health and well-being, (ii) Participant is in good condition physically and has not been advised or cautioned against participation in the Event by his or her doctor or any other medical practitioner, (iii) Participant is covered by medical insurance. Parent/Legal Guardian and Participant authorize the Released Parties to secure emergency medical care or transportation (i.e., EMS) for Participant when deemed necessary by the Released Parties at the sole cost of Parent/Legal Guardian and Participant. The Participant further understands that it is the Participant’s responsibility to continuously monitor the Participant’s own physical and mental condition, and the Participant agrees to withdraw immediately and notify appropriate personnel if at any point continued participation would create a risk of danger to the Participant or to others.
4. Release, Waiver and Covenant Not To Sue. For purposes of this Agreement, (i) the term “Released Parties” shall mean the Event, Texas United Soccer Clubs, LLC and each of their officers, directors, managers, members, employees, agents, contractors, sub-contractors, representatives, successors, assigns, licensees and affiliates, and (ii) the term “Claims” shall mean any and all liability, lawsuits, causes of action and claims for damages, costs or expenses, whether past, present or future, and whether known or unknown.
Each Parent/Legal Guardian and Participant, on their own behalf, and on behalf of their Related Persons, hereby knowingly, voluntarily and irrevocably and forever release, waive and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to), all Claims, including, but not limited to, Claims arising out of or in connection with my death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Parent/Legal Guardian, Participant and any Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) Participant’s exposure to COVID-19; (ii) Participant’s attendance at the Event and participation in activities at or related to the Event; (iii) Participant’s travel to or presence at the Event; or (iv) any of the risks identified above in paragraphs 1 and 2 of this Agreement. Each Parent/Legal Guardian and Participant understand that this release, waiver and covenant not to sue includes any Claims based on the negligence, action or inaction of any of the Released Parties and covers Claims of any sort, whether suffered before, during or after Participant’s participation in the Event.
5. License. Each Participant and Parent/Legal Guardian hereby grants to the Released Parties permission to film, photograph, video record and otherwise record Participant’s image, voice, or any other aspect of any performance at the Event, as well as the right (but not the obligation) to use, assign, and/or license to others Participant’s name, likeness, image, biographical information, voice, and/or photograph, in whole or in part (the “Rights”), in any media in any manner now known or hereafter developed throughout the world in perpetuity for any promotional, trade, publicity, or advertising purposes related to the Event or similar promotions conducted by the Released Parties without further compensation or permission, except as prohibited or restricted by law. Each Participant and Parent/Legal Guardian hereby releases the Released Parties from any and all liabilities arising out of distortion, optical illusions, or faulty mechanical reproductions of Participant’s likeness. Each Participant and Parent/Legal Guardian understands and agrees that all photographic plates, negatives, and recordings containing the Rights are and shall be the property of the Released Parties, and Participant and Parent/Legal Guardian has no right to inspect or approve any materials containing the Rights. Each Participant and Parent/Legal Guardian represents that it is not necessary for the Released Parties to obtain permission from or to pay any third party in connection with the Rights. Each Participant and Parent/Legal Guardian agrees that the Released Parties may contact Participant and Parent/Legal Guardian for marketing purposes and send Participant and Parent/Legal Guardian information regarding their products and services.
6. Indemnity Including Express Indemnity for Negligence of Released Parties. Each Participant and Parent/Legal Guardian agrees to defend, indemnify and hold the Released Parties harmless from all Claims that may be asserted against the Released Parties by, through or under Participant or his or her heirs and arising out of or relating to Participant’s participation in the Event. These indemnity obligations apply whether the matter is for personal injuries or death, damage to property, economic loss, or some other requested relief, and even to the extent that any such damage or injury may be caused, proximately or remotely, in whole or in part, by an act or omission of the Released parties. This indemnity obligation expressly includes any claims or potential claims that may have arisen or may arise in the future, in whole or in part from the negligence of the released parties. Furthermore, this indemnity obligation includes claims or allegations against the released parties for past or future strict liability, including without limitation, strict products liability. Finally, the indemnity obligations set forth herein shall survive the death of participant and become an obligation of his or her estate.
7. Dispute Resolution. Each Parent/Legal Guardian and Participant agree to engage in good faith efforts to mediate any dispute that might arise concerning this Agreement. Any agreement reached will be formalized by a written contractual agreement at that time. Should the dispute not be resolved by mediation, Each Parent/Legal Guardian and Participant agree that all disputes, controversies, or claims arising out of or related to Participant’s participation in the Event shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties. Each Parent/Legal Guardian and Participant further agree that the arbitrability of any dispute, controversy, or claim arising out of Participant’s participation in the Event will be submitted to an arbitrator in accordance with the applicable rules of the American Arbitration Association then in effect. The Arbitration Rules of the American Arbitration Association are available on-line at www.adr.org.
8. Class Action Waiver. Each Parent/Legal Guardian and Participant agree that all claims against any Released Person arising out of Participant’s participation in the Event must be pursued on an individual basis only. By signing this Agreement, Each Parent/Legal Guardian and Participant waive any right to commence, or be a party to, any class action, or any other sort of collective claims against the Released Parties.
9. Governing Law. Each Parent/Legal Guardian and Participant agree that this Agreement shall be governed by Texas law, without regard to choice of law principles.
10. Severability. Each Parent/Legal Guardian and Participant agree that if any part of this Agreement is declared illegal, unenforceable or ineffective to any extent, that part of the Agreement shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, that part of the Agreement shall be severed from the rest of the Agreement, so that all of the other provisions contained in this Agreement shall remain valid and binding.
Each participant and the participant's parent/legal guardian acknowledge and agree that they have received, reviewed, and understand the COVID-19 health protocols set in place for this Event and will adhere to all policies and procedures set in place by the Event. Each partipant and parent/legal guardian are listed at the end of this agreement.
The Team representative confirms that they will communicate and inform all team members, staff, players, and families of the information in this waiver. The team representative confirms that the team and all members participating accepts these terms. The Team representative will communicative
all information and updates before, during, and after the tournament.