Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly 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.
Mad Man Hockey cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Mad Man Hockey events could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Mad Man Hockey events and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Mad Man Hockey events may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Mad Man Hockey employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Mad Man Hockey events or participation in Mad Man Hockey programming (“Claims”).
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Mad Man Hockey, its employees, agents, and representatives, 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 and agree that this release includes any Claims based on the actions, omissions, or negligence of Mad Man Hockey, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Mad Man Hockey Hockey program.
Payment Terms and Conditions
1) The applicant and the team represented; understands, agrees, and accepts that Mad Man Hockey, its affiliates, and host rinks and facilities will not accept responsibility for illness, injury, or loss of any kind to any player, coach, manager, or spectator which occurs as a result of; ingress or egress to or from the hockey game or parking lot, or engaging in or watching a game at the said arena.
2) The applicant acknowledges that he/she is authorized to act on behalf of the team represented.
3) The applicant further acknowledges that he/she has read the accompanying tournaments, showcases, and jamborees information, understands the format and is aware of possible game times.
4) The applicant understands that receipt of this application and fee by Mad Man Hockey does not guarantee participation in the tournament. Fees are refundable if a team is not accepted or the tournament is canceled.
Acceptance into Mad Man Hockey Tournaments, Showcases, and Jamborees are subject to Mad Man Hockey rules and availability of space. By signing below, I agree to abide by all Mad Man Hockey, AAU Hockey, and/or and USA Hockey rules and regulations.
I agree that any amount owed must be paid in full prior to our team's first game in the tournament. In cases of extreme hardship, payment arrangements must be made prior to participation in games.
I also understand that Mad Man Hockey follows a ZERO TOLERANCE POLICY. Any violation of said policy, by teams or any team or team family members, may result in suspension and or expulsion from the tournament. Penalties for any violation are at the sole discretion of the Mad Man Hockey. It is agreed that there will be NO refund of any fees if any of the above-named teams are suspended or expelled from Mad Man Hockey activities.
By signing below I acknowledge that I have read and fully understand the Registration, Hotel bookings requirements, Fees, Payment, Refund and Release policies. Failure to sign will invalidate the registration process.
Event Disclaimer Agreement
It is the purpose of this agreement to exempt, waive and relieve “RELEASEES: Mad Man Hockey (MMH); Lake Erie Hockey LLC (LEH) from all forms of liability as a result of participation in events sponsored by MMH & LEH for any and all reasons including without limitation for personal injury, property damage, and wrongful death, including without limitation if caused by negligence, including the negligence, if any, of MMH & LEH.
"RELEASEES" include MAD MAN HOCKEY AND LAKE ERIE HOCKEY LLC, and any of their respective affiliates, officers, directors, managers, members, agents, and employees. The team, participant (and participant's parent(s)/guardian(s) also certify and warrant to MAD MAN HOCKEY & LAKE ERIE HOCKEY LLC, that the team manager or custodian of team records has, on file, written waivers from liability (USA Hockey or Hockey Canada Registration) for each team player identified on the team roster and each player participating in this tournament. The team, parent(s), the participant(s), and/or guardian(s) understand that MAD MAN HOCKEY & LAKE ERIE HOCKEY LLC shall rely upon the statements in this form in agreeing to accept the participant’s and/or team’s participation in this tournament.
For and in consideration of the undersigned participant's registration with MAD MAN HOCKEY & LAKE ERIE HOCKEY LLC , and being allowed to participate in MAD MAN & LAKE ERIE HOCKEY LLC events and related activities, participant (and the parent(s) or legal guardian(s) of participant, if applicable) waive, release and relinquish any and all claims for liability and cause(s) of action, including, but not limited to, for personal injury, property damage or wrongful death occurring to participant, arising out of participation in MAD MAN HOCKEY & LAKE ERIE HOCKEY LLC events, the sport of ice hockey, and/or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that participant (and participant's parent(s) or legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and participant (and parent(s)/guardian(s), if applicable) does(do) so on behalf of my/our and participant's heirs, executors, administrators and assigns.
Participant (and participant's parent(s)/guardian(s), if applicable) acknowledge, understand and assume all risks relating to ice hockey and any team activities, and understand that ice hockey and team activities involve risks to participant's person including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that I/we have full knowledge of said risks. These risks and dangers may be caused by the negligence and/or willful misconduct of the participant or the negligence and/or willful misconduct of others, including the MAD MAN HOCKEY & LAKE ERIE HOCKEY LLC identified above. These risks and dangers include, but are not limited to, those arising from participating with bigger, faster and stronger participants, and these risks and dangers will increase if participant participates in ice hockey and team activities in an age group above that which participant would normally participate in.
I/We further acknowledge that there may be risks and dangers not known to us or not reasonably foreseeable at this time. Participant (and participant's parent(s)/guardian(s), if applicable) acknowledge, understand, and agree that all of the risks and dangers described throughout this agreement, including those caused by the negligence of participant and/or others, are included within the waiver, release, and relinquishment described in the preceding paragraph. I/We acknowledge that all players are required to have and do have his/her own medical insurance coverage. I/We further agree and acknowledge that complete hockey equipment, including mandatory equipment required by the team’s home and league’s governing body, is required to be worn during this tournament and it is understood by the team that any player who does not possess the required equipment will be prevented by the team from participating in any game. I/We also agree that we are members of USA Hockey, Inc. and are bound by all of USA Hockey, Inc.’s rules and regulations.
Participant (and participant's parent(s)/guardian(s), if applicable) acknowledge, understand and assume the risks, if any, arising from the conditions and use of ice hockey rinks and related premises and acknowledge and understand that included within the scope of this waiver and release is any cause of action (including any cause of action based on negligence and or willful misconduct) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of said areas and /or events and for the failure to warn of dangerous conditions existing at said rinks and/or events, for negligent selection of certain Releasees, or negligent supervision or instruction by Releasees. As further consideration for registration and participation in Super Series events and member team activities, the participant (and the parent(s) or legal guardian(s) of the participant, if applicable), hereby (1) consents and agrees that MAD MAN HOCKEY & LAKE ERIE HOCKEY LLC, its licensees and designees and affiliates may make video and/or audio recordings of and/or otherwise film, photograph or memorialize some or all of participant's participation in such events and activities, and (2) grants to MAD MAN HOCKEY & LAKE ERIE HOCKEY LLC, its licensees, designees and affiliates, successors and assigns, a worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable right and license to use, copy and disseminate participant's image and personal attributes, and to modify and present same in any form, manner, and media, now known or hereafter devised, for any purpose whatsoever.
This Agreement shall be governed by and construed in accordance with the domestic substantive laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule that would cause the application of the domestic substantive laws of any other jurisdiction. If applicable law renders any part of this agreement unenforceable, the remainder of this agreement shall nevertheless remain enforceable to the full extent, if any, allowed by controlling law.
Participant (and participant's parent(s)/guardian(s), if applicable), agree if any claim for participant's personal injury or wrongful death is commenced against Releasees, he/she shall defend, indemnify and save harmless Releasees from any and all claims or causes of action by whomever or wherever made or presented for participant's personal injuries, property damage or wrongful death.
Participant and participant's parent(s)/guardian(s), if applicable), acknowledge that they have been provided and have read the above paragraphs and have not relied upon any representations of Releasees, that they are fully advised of the potential dangers of ice hockey and understand these waivers and releases are necessary to allow amateur ice hockey to exist in its present form. Significant exclusions may apply to USA Hockey, Inc.’s insurance policies, which could affect any coverage you may have. For example, there is no liability coverage for claims of one player against another player, and Participant and participant's parent(s)/guardian(s) waive any rights to make a claim against the Releasees for this or any other reason.
Participant (and participant’s parent(s)/guardian(s) hereto hereby agrees to waive its respective rights to a jury trial of any claim or cause of action based upon or arising hereunder or under any of the other dealings between them relating to the subject matter of this agreement. Each party hereto acknowledges that (i) this waiver is a material inducement to enter into a relationship, (ii) each has already relied on this waiver in entering into this agreement, (iii) each will continue to rely on this waiver in its related future dealings, and (iv) this waiver shall apply to any subsequent amendments, renewals, supplements or modifications hereto.
Any dispute under this Agreement shall be resolved by arbitration conducted in Mentor, Ohio in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”), which rules are incorporated by reference into this clause. A single arbitrator shall be chosen by mutual agreement of the parties. If the parties cannot agree on a single arbitrator, then the arbitration shall be conducted by 3 arbitrators whereby each party shall choose 1 arbitrator and those 2 arbitrators shall select a third arbitrator. The arbitration shall be conducted in a single hearing, and the arbitrator(s) shall render his/her/their decision within a reasonable time after the conclusion of the hearing. With regard to any arbitration or other proceeding filed or brought by any of the parties against another party, the Prevailing Party (defined below) shall be entitled to recover all of its reasonable costs and expenses incurred in connection with such dispute, including expenses, court costs, witness fees and legal and accounting fees. The term “Prevailing Party” means that party whose position is substantially upheld in a final judgment rendered in such proceeding. The decision of the arbitrator(s) shall be final and non-appealable. Judgment upon any decision rendered by the arbitrators may be entered by any court having jurisdiction.
This agreement affects your legal rights, and you may wish to consult an attorney concerning this agreement. Participant (and participant's parent(s)/guardian(s) hereto further warrant and represent that it has reviewed or had the opportunity to review this agreement with its legal counsel and that it knowingly and voluntarily enters into this agreement and waives any rights covered hereunder.
This Waiver may be executed by signatures transmitted via facsimile or electronic transmission, such as a “pdf” document transmitted through electronic mail, which shall have the same force and effect as an original signature. If you have any questions, contact MAD MAN HOCKEY LLC.
Hotel Terms and Conditions
1. All rooms must be booked through Mad Man Hockey, No Exceptions
2. All hotel registrations and requests will be honored on a first-come, first-serve basis.
3. Mad Man Hockey does not provide complimentary rooms to teams.
Our hotels have asked us to provide you with guidelines for your stay during the tournament. Please remember that you are ambassadors of your hometown and organization and your behavior is a direct reflection of the community you represent.
To assure that all of our guests, and other guests in the hotel, enjoy their stay, please observe the following:
1. No discounts, coupons, rooms booked on points, or other hotel rates may be used by tournament guests.
2. Tournament Room Rates may not be available before and/or after the tournament dates. The hotel’s current prevailing room rates would apply.Individual room reservations may be canceled without charge by notifying the hotel directly prior to 3:00 pm on the Monday prior to the tournament. Cancellations after this time are subject to a one-night minimum charge.
3. Guests checking out earlier than their departure date are subject to hotel charges, up to and including a full room night charge.
4. All children under the age of 16 must be in a guest room after 10:30 pm. After this time, children are not permitted in the hallways or common areas of the hotel.
5. No hockey sticks of any kind (ice hockey, shinny hockey, etc.) are permitted in the hotels.“Hall Hockey” and “Shinny Stick Hockey” will not be permitted in the hotel. Please do not bring shinny hockey sticks into the hotel.
6. Children must be accompanied at all times in the hotels, including common areas and swimming pools.
7. In the event of any damage to hotel property, parents and/or the team's representative will be held responsible to compensate the hotel for any loss. (In the event of physical damage, the individual will be billed for the actual cost of the repairs and/or replacement of the damaged items and the related labor costs.)
8. No running in the hotel hallways or common areas.
9. Please use the telephone system responsibly. The hotels reserve the right to deactivate telephones if they are misused.
Hotels will provide only one warning when violations of the rules, including misuse of elevators, excessive noise, or unruly behavior are observed. Continued disruptive behavior will result in removal from the hotel premises.
No refund of hotel or tournament registration fees will be made in this case.