Magnitude Volleyball Club- PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT:
For and in consideration of Magnitude Volleyball Club allowing the undersigned ("I/Me/My") to participate in any event at Skyline High School located in Mesa, Arizona (the “Facility”), including, but not limited to, athletic competitions, games, tournaments, practices, camps, clinics, tryouts, player development and related activities as well as use of the equipment and facilities situate in the Facility (the "Event" or "Events"); I, for myself, my heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the "Agreement"):
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. 2. I understand and acknowledge the risks and dangers associated with my participation in the Events and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, coaches, umpires, officials, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect field conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers ("Risks"). I understand that these Risks may be caused in whole or in part by my actions or inactions, the actions or inactions of others participating In the Event, or the negligent acts or omissions of the Released Parties defined below. I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which may be incurred as a result of my participation in any Event. 3. I understand that I am required to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by the Legacy Parties and any safety regulations established for the benefit of all participants. I accept sole responsibility for my conduct and actions while I am participating in the Event. 4. I hereby grant permission to use my likeness in photographs, video recordings or electronic images in any and all of its publications, including website entries, without payment or any other consideration. I understand and agree that these materials will become the property of the organization and will not be returned. I hereby irrevocably authorize the organization to edit, alter, copy, exhibit, publish or distribute these images for purposes of publicizing the organization's programs or for any other lawful purpose.
I HEREBY RELEASE, WAIVE AND COVENANT NOT TO SUE, AND FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LEGACY PARTIES, THEIR MEMBERS, OFFICERS, DIRECTORS ATHLETES/PLAYERS, CLUBS, COACHES, UMPIRES, TRAINERS, OFFICIALS, ORGANIZERS, PROMOTERS, SPONSORS, ADVERTISERS, AND PROPERTY OWNERS (INDIVIDUALLY AND COLLECTIVELY, THE "RELEASED PARTIES"), WITH RESPECT TO ANY LIABILITY, CLAIM(S), DEMAND(S), CAUSE(S) OF ACTION, DAMAGE(S), LOSS(ES) OR EXPENSE(S) (INCLUDING COURT COSTS AND REASONABLE ATTORNEY’S FEES) OF ANY KIND OR NATURE ("LIABILITY") WHICH MAY ARISE OUT OF, RESULT FROM, OR RELATE IN ANY WAY TO THE MY PARTICIPATION IN THE EVENT, INCLUDING CLAIMS FOR LIABILITY CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES. I FURTHER AGREE THAT IF, DESPITE THIS AGREEMENT, ANYONE ON MY BEHALF, MAKES A CLAIM FOR LIABILITY AGAINST ANY OF THE RELEASED PARTIES, I WILL INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY SUCH LIABILITIES WHICH ANY MAY BE INCURRED AS THE RESULT OF SUCH CLAIM.
The 'Event' may be physically challenging and pose a risk of discomfort, illness, injury, and even death. It is your responsibility to ensure that you are in sufficient physical condition to participate in the Event without risk to your health or life. Magnitude Volleyball Club does not conduct health or fitness checks on entrants or participants.
I understand that, depending on the nature of the Event, participation may be hazardous, and that I should not enter and participate unless I am in sufficient physical condition to participate.
In the event of injury, limited care, such as basic first aid or CPR, may be provided and appropriate emergency services contacted. I acknowledge that this Agreement extends to any liability arising out of or in any way connected with any limited care that may be provided in the event of an emergency and/or injury. I understand that no such care may be available, but if it is, in each and every case I assume sole liability for any and all medical expenses incurred as a result of your participation in the Event, including, but not limited to ambulance transport, hospital stays, physician services, pharmaceutical goods, or medical devices.
I hereby warrant that I am of legal age and authorized to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement Is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Magnitude Volleyball Club - General Liability Waiver:*
Player and Parent (collectively referred to as “we”, “us”, “our”) desire for Player to participate in volleyball activities and programs offered by MAGNITUDE VOLLEYBALL CLUB CORP (“Magnitude") and we voluntarily and knowingly enter into this WAIVER AND RELEASE OF LIABILITY (“Release”) and acknowledge and agree to the following:
We understand that the volleyball related activities in which Player will participate are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. We understand that volleyball related activities involve walking, running, cutting, bending, stretching, reaching, repetitive motion, jumping, hopping, muscle building and strengthening, straining, sweating, dehydration, pain, and other physical activity in close proximity to other people. These are potentially hazardous activities and include risks such as, but not limited to, falls, strains and sprains, bumps, bruises, muscle, tendon and ligament strains, tears and separation, bone fractures, exposure to communicable diseases, injuries to all parts of the body, including eyes, ears, nose and teeth, physical overexertion and other known or unknown risks, such as defective equipment and facilities. In consideration of being allowed to participate in the volleyball activities offered by Altitude, we hereby expressly assume all risks, including personal injury and death, whether listed here or not, arising out of Player’s participation in the volleyball related activities. We further understand that we should obtain a physical examination from a doctor before beginning volleyball related activities.
We understand and agree it is Player’s responsibility to properly use any equipment deemed necessary for participation and to ensure that all personal equipment and clothing is appropriate. We are solely responsible for Player’s health and safety. We understand the nature of playing and practicing volleyball and participating in related activities and represent that Player is qualified, in good health, and in proper physical condition to participate in such activities. We agree to stop any activity and request assistance if Player experiences any symptoms such as, but not limited to, dizziness, excessive fatigue, shortness of breath, dehydration, pain or any other condition which would make it difficult or unsafe to continue. We further agree and warrant that if at any time we believe conditions to be unsafe or if we feel Player’s health is at risk, Player will immediately stop participating, alert the coach and Altitude, and seek appropriate care and treatment. The Released Parties have made no representation to us that they can or will render first aid. If Player shows signs of distress or calls for aid, we will not hold the Released Parties or others responsible for their actions in attempting the performance of aid. We understand in the event of illness or injury appropriate medical care must be summoned and treatment will be delayed.
By this Waiver, we assume all risk, and take full responsibility and waive any claims of personal injury and death and damage to personal property associated with the volleyball activities, including but not limited to using facilities and equipment, practicing, training, playing in games and tournaments, and/or engaging in any related activities, such as travel to and from practice, training, games and tournaments.
Subject to applicable law, Parent/Player grant to the Club, and its owners, managers, agents, representatives and employees and coaches, the irrevocable and unlimited right to take and use photographs and videos of Player in connection with volleyball activities without compensation. Parent/Player agree that the Club may use such photographs/videos of Player with or without Player’s name and may use Player’s name, image and/or likeness for any lawful purpose, including for example such purposes as publicity, advertising, web/social media content, selling for stock, etc., without compensation.
On behalf of Player and Player’s heirs, assigns, administrators, executors and next of kin, we hereby waive and release, indemnify, hold harmless and forever discharge Altitude and its owners, agents, representatives, employees, contractors, assigns, and successors (“Released Parties”) of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, judgments and liabilities, of every kind and nature, whether known or unknown, in law or equity, that we ever had or may have, arising from or in any way related to participation in any of the events or activities conducted by, on the premises of, or for the benefit of, Altitude, provided that this Release does not apply to Altitude’s gross negligence, or intentional, willful or wanton misconduct.
This Release is in addition to any waiver and release provisions contained in our other agreements with Altitude. In case of conflict, this Release will govern. The provisions of this Release may be waived, altered, amended or repealed, in whole or in part, only upon the prior written and signed consent of Altitude. The provision of this Release will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Altitude, whether by agreement, by operation of law, or otherwise.
WE HAVE READ, UNDERSTAND AND FULLY AGREE TO THE TERMS OF THIS RELEASE. WE UNDERSTAND AND CONFIRM THAT BY SIGNING THIS RELEASE WE HAVE GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. WE HAVE SIGNED THIS RELEASE FREELY, VOLUNTARILY, UNDER NO DURESS OR THREAT OF DURESS, AND WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO US. OUR SIGNATURES ARE PROOF OF OUR INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW.
Intending to be legally bound I have executed this Participant Waiver and Release. I/We have read, understand and agree to comply with the Waiver as outlined above.