Liability Waiver
In consideration of being allowed to participate in, attend, and/or observe as a participant, parent, and/or spectator in any event or program (the “Programs”) of Mindright Athletics / Clava (collectively the “Providers”), consisting of sports, activities, and/or sporting events, including but not limited to basketball and volleyball events and programs such as club teams, camps, tournaments, leagues, and training, or any other sporting events and related activities (collectively “Activities”), at any facility used for the Activities (the “Premises”), the below signed participant, and the participant’s parent(s) or legal guardian(s) if the participant is a minor and/or spectator, agree to waive, release, and discharge the Providers and each of their respective officers, directors, employees, representatives, affiliates, successors, and assigns as follows:
MEDICAL RELEASE: Pursuant to the provisions of sections 6910 et seq. of the California Family Code, and other applicable laws, I hereby authorize Providers to procure and consent to medical, hospital, or dental care for myself or my child in the event of injury as a result of participation in the Providers’ Programs or Activities.
PHOTO/VIDEO RELEASE: I hereby agree to allow and authorize the Providers to use my child(ren)’s photograph and/or video for publicity of Providers’ ongoing Programs and Activities.
WAIVER AND RELEASE OF LIABILITY: In consideration of my participation in the Providers’ Programs and Activities or as an attending parent or spectator at the Premises, I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Providers, their owners, officers, directors, employees, representatives, and volunteers, from any and all present and future claims, demands, actions, payment and/or reimbursement of medical expenses, or causes of action resulting from any accidents, injuries, deaths, or loss of and/or damage to my/our person(s) or property arising out of or connected with my/our participation in any Programs and Activities while at the Premises. I hereby voluntarily waive any and all claims resulting from negligence or otherwise, both present and future, which may be made by me, my family, estate, heirs, or assigns. Further, I am aware that the Programs and Activities may involve certain risks or possible dangers, including death, and that equipment provided for my protection may be inadequate to prevent serious injury. I am voluntarily participating in these Programs and Activities with knowledge of the danger involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death. I further agree to indemnify and hold harmless the Providers, their owners, officers, directors, employees, representatives, and volunteers for any and all claims arising as a result of my engaging in the Programs and Activities. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of California or any other State in which the Programs or Activities take place, and I agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I affirm that I am of legal age and am freely signing this document. I HAVE READ THIS FORM AND FULLY UNDERSTAND THAT BY SIGNING THIS FORM, I AM GIVING UP LEGAL RIGHTS AND/OR REMEDIES WHICH MAY BE AVAILABLE TO ME AGAINST THE PROVIDERS.
UNKNOWN CLAIMS: The releases contained in this document are intended as a full and complete release of all liability of any nature whatsoever for all damage, injury, loss, expense, including any consequential expense, loss, or damage, whether the same are now known or unknown to the undersigned, expected, or unexpected by the undersigned, or have appeared or developed, and all rights under Section 1542 of the California Civil Code are hereby expressly waived and relinquished. Section 1542 of the California Civil Code provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This Waiver and Release of Liability is entered into at Anaheim, California and shall remain effective as long as the undersigned participates in and/or attends any of Providers’ Programs or Activities. The venue and jurisdiction for any action concerning or relating to this Waiver and Release shall be in Orange County, California.
BY SIGNING BELOW YOU ACKNOWLEDEGE YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING THE LIABILITY AS IS DESCRIBED ABOVE.