Kicklab Waiver and Release of Liability

The Soccer Practice LLC d/b/a Kicklab

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.

The Soccer Practice LLC d/b/a Kicklab (an Illinois limited liability company), together with its members, managers, directors, officers, agents, employees, volunteers, successors, assigns, affiliated 

entities, and all other persons or entities acting by or through it, are collectively referred to as “Kicklab”.

In consideration of the services provided at Kicklab’s facility (the “Facility”), and in consideration of my desire to observe and/or participate in soccer and related activities at Kicklab now and in the future, I acknowledge and agree to the terms below.

Waiver and Release of Liability

1.0 Assumption of Risks

The undersigned hereby acknowledges that participation in soccer, training, and related indoor athletic activities at Kicklab (which may include, but are not limited to, running, kicking soccer balls, agility drills, contact drills, obstacle courses, and any other athletic or recreational activity provided by Kicklab) entails known, anticipated, unanticipated, and inherent risks that could result in physical and/or emotional injury, paralysis, death, or damage to myself and/or to others. Risks may include, but are not limited to, slipping and falling, collisions with objects and/or other participants, improper ball handling, overexertion, tripping, and contact-related injuries affecting the head, back, neck, arms, legs, ankles, and feet.

In addition, by entering the premises or engaging in the activities at Kicklab, there is a risk of exposure to bacteria, fungi, known and unknown communicable diseases, and viruses (including but not limited to COVID-19). Notwithstanding any best practices used by the Kicklab owners and staff in following recommendations and guidelines, these risks cannot be entirely eliminated.

2.0 Waiver and Release of Liability 

I, on behalf of myself, my child(ren), or any minor child for whom I am a legal guardian (collectively, “I” or “my”), as well as my heirs, assigns, personal representative, and estate, hereby fully and forever waive, release, and discharge Kicklab from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, and consequential), liability, or obligations of any nature or kind, arising out of or relating to damage to property, bodily injury, or death, based in whole or in part on the alleged or actual negligence of Kicklab. This includes, but is not limited to my activities (or my child’s activities) at the Facility (e.g., soccer training, drills, scrimmages, exercise routines), activities by other participants at the Facility, the operation and supervision of the Facility by Kicklab, the use of any Facility equipment, whether owned by me, Kicklab, or any third party, and exposure to any bacteria, fungi, known or unknown contagious diseases, or viruses (including but not limited to COVID-19) in any way connected to my (or my child’s) entry into or activities at the Facility.

3.0 Indemnification

I agree to indemnify, defend, and hold Kicklab harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, or expenses (including attorneys’ fees) arising out of or relating to my or my child’s/ward’s acts or omissions while participating in any activities at the Facility. 

4.0 Opportunity to Bargain

I acknowledge that I had the opportunity, before voluntarily deciding to enter into this Agreement, to negotiate different waiver, release, and/or indemnity terms in exchange for a substantially higher participation fee. I have chosen not to pay a higher fee and have declined the opportunity to bargain for different terms.

5.0 Acknowledgement

By signing this document, I understand that:

1. If anyone is hurt or property is damaged during my (or my child’s) participation in activities at Kicklab, I may be found by a court of law to have waived my right (and my child’s or ward’s right) to maintain a lawsuit against Kicklab based on any negligence claim from which I have released under this Agreement.
2. I may also be held liable to indemnify Kicklab for my (or my child’s) acts or omissions.
3. I am giving up these rights freely and voluntarily, without threat, duress, promise, or guarantee.
4. This Agreement shall remain in full force and effect for one (1) year after the date of signing and applies to all activities at Kicklab during that year, regardless of when a claim might arise.
5. This Agreement will be binding on me, my family members, heirs, assigns, executors, and representatives.
6. My electronic or written signature is proof of my agreement to all terms of this Waiver and Release of Liability and Indemnification Agreement.

6.0 Participant Representation

I represent that I am eighteen (18) years of age or older.

• If the Participant is under the age of 18, the Parent or Guardian Consent section below must be read and signed before the Participant is allowed to use the Facility.

7.0 Photo/Video Release

• I authorize Kicklab and its affiliates to capture my or my child/ward’s image, likeness, and sounds via photographs, videotapes, or other media (“Images”).
  
  
• I grant permission (without compensation) to Kicklab or any affiliated party to display, publish, distribute, or modify such Images for lawful purposes in publications, advertisements, websites, social media, etc.

PARENT OR GUARDIAN CONSENT (if Participant is a Minor)

1. I have read and understand the terms of this Waiver and Release of Liability and Indemnification Agreement and unconditionally agree to its full terms on behalf of both myself and my child/ward.
2. All such terms, representations, waivers, releases, and indemnifications fully apply to my child/ward as if the child/ward were the participant.
3. I understand that by signing this Consent, I am willingly giving up important legal rights on behalf of myself and my child/ward.
4. I further warrant and represent that, if I am neither the child’s parent nor legal guardian, I have been granted the express authority to execute this Agreement on behalf of the child’s parent or guardian. If I do not have this authority, I agree to assume sole liability for any and all claims arising out of or relating to the child’s use of the Facility.