TD SPORTS HOLDINGS, LLC (D/B/A TD SPORTS ACADEMY) Waiver and Release

TD SPORTS HOLDINGS, LLC (D/B/A TD SPORTS ACADEMY)

Release And Waiver of Liability, Assumption of Risk, And Indemnity And Consent Agreement
NOTE: THIS FORM MUST BE READ AND SIGNED BEFORE ANY PARTICIPANT, CONTRACTOR/COACH, AND/OR VOLUNTEER IS PERMITTED TO TAKE PART IN ANY EVENTS OR PROVIDE SERVICES WITH/TO TD SPORTS HOLDINGS, LLC (D/B/A TD SPORTS ACADEMY), INCLUDING BUT NOT LIMITED TO ANY ORGANIZED TEAM PRACTICES (HITTING/FIELDING/STRENGTH AND CONDITIONG/AGILITY OR OTHERS) GROUP OR INDIVIDUAL LESSONS/INSTRUCTION, CLINICS, CAMPS, GAMES, COMPETITIONS, VOLUNTEER ACTIVITIES AND/OR OUTINGS (the “Activities”). BY SIGNING THIS AGREEMENT, THE PARTICIPANT, CONTRACTOR/COACH, VOLUNTEER AND/OR THE PARENTS(S)/LEGAL GUARDIANS AFFIRM(S) HAVING READ IT, FULLY UNDERSTANDING IT AND UNDERSTANDING THAT IT WAIVES SUBSTANTIAL RIGHTS, INCLUDING BUT NOT LIMITED TO CERTAIN LEGAL RIGHTS. THE PARTICIPANT, CONTRACTOR/COACH, VOLUNTEER AND/OR THE PARENTS(S)/LEGAL GUARDIANS OF THE PARTICIPANT AFFIRM(S) HAVINGSIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
IN CONSIDERATION of being allowed to participate in any way in any activities sponsored by, offered by or undertaken at the direction of TD Sports Holdings, LLC (D/B/A TD Sports Academy), I/We, the undersigned, parents(s)/legal guardian(s) of the Participant, Contractor/Coach and/or Volunteer acknowledge, understand, and agree that: 1. I am qualified, in good health, and in proper physical condition to participate in any such Activities, including with respect to being a COACH/CONTRACTOR of PARTICIPANTS; 2. I RISK BODILY INJURY, INCLUDING PARALYSIS, DISMEMBERMENT, DISABILITY AND DEATH, AND while particular rules of the Activities, skills, equipment, and personal discipline may reduce this risk, THIS RISK OF SERIOUS INJURY DOES EXIST, AS WELL AS THE RISK OF DAMAGE TO OR LOSS OF PROPERTY; 3. I I/WE RISK CONTRACTING THE COVID 19 VIRUS BY BEING INVOLVED IN THE ACTIVITIES; 4. I/WE KNOWINGLY AND FREELY ASSUME ANY AND ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, and assume full responsibility for the Participant’s participation; 4. I/We willingly agree to comply with the stated and customary terms and conditions for participation by the Participant/CONTRACTOR/COACH AND/OR VOLUNTEER participating, leading or instructing in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; and 5.I/We understand and acknowledge there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of the Participant’s participation in the Activities.

If, however, I/We observe any unusual significant hazard during my or my minor’s presence or participation in the Activities, or if I/We observe any concern in the Participant’s readiness for participation, I/We will immediately bring such to the attention of the nearest official and remove the Participant from participation in the Activities.
I/WE HEREBY RELEASE, INDEMNIFY, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE TD Sports Holdings, LCC (D/B/A TD Sports Academy), its administrators, members, managers, directors, agents, officers, members, volunteers, instructors, team members, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activities take place, (each considered one of the RELEASEES herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or LOSS OR DAMAGE TO PERSON OR PROPERTY, INCLUDING AS A RESULT OF CONTRACTING COVID-19 to the fullest extent permitted by law.
I/WE FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
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