SWORD TAG ENROLLMENT AGREEMENT
In order for my child/children (the "Participant(s)") to voluntarily participate in Sword Tag activities (“Sword Tag”) organized by Lords & Ladies Youth Programs, Inc. ("LALYP") and its employees, volunteers, agents, contractors, officers, directors, affiliated partners, and equipment providers (the "Organizers"), I covenant and agree, on behalf of myself and my heirs, assigns, and any other person claiming by, under or through me, as follows:
STATEMENT OF UNDERSTANDING
As a parent or legal guardian of the Participant(s), I understand and agree that:
- I agree and understand that by signing this Sword Tag Enrollment Agreement, that all electronic signatures are the legal equivalent of my manual/handwritten signature and I consent to be legally bound to this agreement.
- The Participant(s) will take hits to the limbs, body, and potentially head with foam weapons primarily constructed of foam and PVC. The calibration of these hits may vary, but the ideal calibration of a tag will have the same feel as a hand in a game of tag.
- The Participant(s) will be participating in activities with peers and adults for the duration of Sword Tag and will be engaged in sparring and against peers in a competitive capacity and adults in a role-model and training capacity.
- The Participant(s) is of good mental and physical condition to participate as determined by me.
- The LALYP and/or the Organizers reserve the right to refuse service, send home, and/or forever ban any Participant(s) at their discretion, including, without limitation, if the LALYP and/or the Organizers believe that the Participant(s)’s conduct violates applicable laws, in-game rules, policy and procedure, or is harmful to the interests of Sword Tag and/or LALYP.
- LALYP is not a daycare facility/child care provider. If the Participant(s) is left unattended, LALYP and/or the Organizers are not to be held responsible for the actions of the Participant(s), including but not limited to activities beyond the scope of Sword Tag, wandering off, and/or proper hydration.
- As long as the Participant(s) participates in Sword Tag, the Participant(s) and I are bound by the Policies, Procedures, Rules, and other documents guiding and governing LALYP and Sword Tag. I can request copies of these.
ASSUMPTION OF RISKS
LALYP and/or the Organizers make no representations or claims as to the condition or safety of the land, structures or surroundings, whether or not owned, leased, operated or maintained by the LALYP.
Participating in Sword Tag involves certain risks that cannot be eliminated regardless of the care taken (some of which I may not fully appreciate); these risks include but are not limited to injuries, death, property damage or other harm could occur to the Participant(s). On behalf of the Participant(s), I accept and voluntarily incur all risks of any injuries, damages, or harm which arise during or result from my participation in the Activity, including any associated travel, regardless of whether or not caused in whole or in part by the negligence or other fault of LALYP and/or the Organizers.
The Participant(s)'s parent or guardian understands that all activities are VOLUNTARY and that the Participant(s) does not have to participate.
RELEASE OF LIABILITY, AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
In exchange for allowing the Participant(s) to participate in Sword Tag, the Participant(s), by and through the undersigned, agrees to waive all claims against LALYP and/or the Organizers for any injuries, damages, losses or claims, whether known and unknown, which arise during or result from my participation in Sword Tag, regardless of whether or not caused in whole or part by the negligence or other fault of any of the Released Parties. I release and forever discharge the Released Parties from all such claims.
I agree to indemnify and hold LALYP and/or the Organizers harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys' fees and other litigation costs and expenses) incurred by any of LALYP and/or the Organizers as a result of any claims or suits that I (or anyone claiming by, under or through me) may bring against LALYP and/or the Organizers to recover any losses, liabilities, costs, damages, or expenses which arise during or result from my participation in Sword Tag, regardless of whether or not caused in whole or part by the negligence or other fault of LALYP and/or the Organizers.
EMERGENCY MEDICAL RELEASE
It is understood that LALYP and/or the Organizers do NOT provide any insurance coverage for the Participant(s)'s person or property; and Participant(s)'s parent or guardian acknowledge that they are responsible for the Participant(s)'s safety and the Participant(s)'s own health care needs, and for the protection of the Participant(s)'s property.
Should an emergency medical situation arise and I am not reasonably available by phone to give consent, I do hereby consent to any medical care and the administrations of anesthesia determined by a physician to be necessary for the welfare of the Participant(s) listed on this Agreement while the Participant(s) are participating in Sword Tag.
PHOTO RELEASE (you can opt out later if you do not desire to agree to the Photo Release)
For valuable consideration received, I grant to LALYP the irrevocable and unrestricted right to use and publish photographs of the Participant(s) in which he/she/they may be included for editorial, trade, advertising, research, and any other purpose; in any manner and medium; to alter and composite the same without restriction; and without my inspection or approval. I hereby release LALYP from all claims and liability relating to said photographs. I understand and accept that LALYP may be held in public places and that the Organizers/LALYP have no control over photos that are taken by third-party individuals.
SEVERABILITY
I further expressly agree that the foregoing Statement of Understanding; Assumption of Risk; Release of Liability, Agreement to Indemnify and Hold Harmless; Medical Release; and Photo Release are intended to be as broad and inclusive as is permitted by the law of the State of New Mexico and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
APPLICABLE LAW
The terms of this agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.
I understand that the terms herein are contractual and not a mere recital, and that I have signed this Sword Tag Enrollment Waiver of my own free act.
I have carefully read this Statement of Understanding; Assumption of Risk; Release of Liability, Agreement to Indemnify and Hold Harmless; Medical Release; Photo Release; Severability; and Applicable Law and fully understand all of the terms and provisions of this Agreement and am freely, knowingly, and voluntarily entering into this Agreement. In the event of my death or disability, the terms of this Agreement will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to enforce them. I understand that I am giving up substantial rights, including my right to sue. I intend by my signature, electronic or otherwise, to be a complete and unconditional release of all liability to the greatest extent allowed by law. Please use legal names for completing this document.
By signing, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. After consent, you may, upon written request to us, obtain a copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. We can be reached at Admin@LALYP.org if you no longer wish to use an electronic signature.