YOUTH The undersigned (referred to herein as “I” or “me”) wishes to participate in the following activity, event, or program (the “Activity”) offered by the DBNATION DEVELOPMENT CAMP: The DBNATION DEVELOPMENT CAMP.
The Activity will consist of non-contact football drills. For good and valuable consideration, including my acceptance and participation in the Activity, I hereby agree to the terms and conditions set forth in this agreement (the “Agreement”).
1. Assumption of Risk. I understand and acknowledge that my participation in the Activity carries inherent and other risks, including but not limited to: • personal injury. • permanent disability. • death. • property loss or damage. I understand and acknowledge that these risks may result from or be compounded by the acts, omissions, or negligence of others, including Clinic, coaches, volunteers, and other participants in the Activity. I hereby represent that I have obtained any information I may need to determine the risks associated with participating in the Activity and to make an informed assumption of those risks. UNDERSTANDING THE FOREGOING, I HEREBY ACCEPT AND ASSUME ALL RISKS OF MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE CLINIC OR OTHERWISE. •
2. Release of Claims. I hereby expressly release, absolve and agree not to sue the Clinic or its coaches, volunteers, and participants (collectively, “Releasees”) with respect to any claim, liability or cause of action, whether now existing or hereafter arising, related to my participation in the Activity, whether due to the negligence of the Clinic or any Releasee or otherwise. •
3. Compliance with Rules. While participating in the Activity, I will comply with all orders, directives, rules, and guidelines of the Clinic. I understand that my failure to comply with such orders, directives, rules, and guidelines may increase the risk of my participation or subject me to discipline, including expulsion from the Activity. Participant/Parent/Guardian Initial: ___ DBNATION DEVELOPMENT CAMP Agreement: Assumption of Risk and Release of Liability Page 2 of 2 •
4. Miscellaneous. If any provision in this Agreement is held to be unenforceable by a court of competent jurisdiction, then such court shall, if possible, reform said provision to the minimum extent necessary to make such provision enforceable under the law. If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction and cannot be reformed as provided in the preceding sentence, then said provision shall be stricken from this Agreement and the remaining terms and provisions of this Agreement shall be unaffected. This Agreement shall be binding on and shall inure to the benefit of the Clinic and me and our respective successors, assigns and personal representatives. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
BY SIGNING BELOW, I ACKNOWLEDGE THAT:
•I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT;
• BY SIGNING THIS AGREEMENT, I AM VOLUNTARILY GIVING UP SUBSTANTIAL AND IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE UNIVERSITY AND PERSONS OR ENTITIES AFFILIATED WITH THE CLINIC;
• NO WRITTEN OR ORAL REPRESENTATIONS OR STATEMENTS HAVE BEEN MADE CONCERNING THE ACTIVITY OR THE RISKS THEREOF OTHER THAN AS SET FORTH HEREIN;
• THE ACTIVITY IS OPTIONAL AND I MAY CHOOSE NOT TO PARTICIPATE; I AM FREE TO CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS AGREEMENT; AND
• I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL AND WITHOUT COERCION.