RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in the athletic activities, field trips, or excursions sponsored, planned, and directed by Home Core Athletics, LLC, the undersigned, for themselves and their personal representatives, heirs, and next of kin, hereby agrees to the following:
Release and Waiver: The parent/guardian of the participant hereby releases, waives, discharges, and covenants not to sue Home Core Athletics, LLC, their officers, employees, board members, and agents (hereinafter referred to as “Releasees”) from all liability to the undersigned, their personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claims or demands thereof, on account of injury to the person, exposure to illness or disease, including but not limited to COVID-19, property damage, loss of property, or resulting in death or medical impairment of the undersigned, while participating in the athletic activities, field trips, or excursions sponsored, planned, and directed by Home Core Athletics, LLC.
Indemnity: The parent/guardian agrees to indemnify, save, and hold harmless the Releasees from any loss, liability, damage, or cost they may incur due to the participation of the undersigned in the athletic activities, field trips, or excursions sponsored, planned, and directed by Home Core Athletics, LLC.
Assumption of Risk: The parent/guardian assumes full responsibility for the risk of bodily injury, illness or disease, death, or property damage while participating in the athletic activities, field trips, or excursions sponsored, planned, and directed by Home Core Athletics, LLC.
Acknowledgment of Risks: The parent/guardian is aware that participation in the athletic activities, field trips, or excursions presents a risk of physical harm. The undersigned is also aware that participating in such activities under pandemic conditions may result in exposure to and infection with COVID-19, in addition to other injuries. The undersigned understands that the risk of transmission of COVID-19 is higher in high-contact and moderate-contact sports compared to low-contact sports due to the increased difficulty in maintaining physical distancing and the higher intensity of exertion required. The undersigned acknowledges that they knowingly and voluntarily assume all risks of bodily injury, illness, or damage, including those related to COVID-19, while participating in these activities.
Emergency Medical Care: The parent/guardian grants Home Core Athletics, LLC permission to seek emergency medical care for the participant if necessary.
Scope and Duration: This Release and Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of California. It is valid for the duration of the athletic activities, field trips, or excursions as defined by Home Core Athletics, LLC.
Acknowledgment of Understanding: The undersigned acknowledges that they have read and understood the nature of the risks involved in the activities and the terms of this waiver.
Acknowledgment of Receipt: The undersigned acknowledges receipt of all relevant information pertaining to the activities and the risks involved.
No Waiver of Gross Negligence: This Release and Waiver of Liability does not waive or release any claims arising from the gross negligence or willful misconduct of Home Core Athletics, LLC or its agents.
Independent Legal Advice: The undersigned acknowledges that they have had the opportunity to seek independent legal advice regarding the terms and conditions of this Release and Waiver of Liability and Indemnity Agreement and have either sought such advice or voluntarily chosen not to.
No Modification of Rights: This Release and Waiver of Liability does not modify or affect any rights that cannot be waived or modified under applicable law.
Severability: If any provision of this Release and Waiver of Liability is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement: This document constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any prior agreements or understandings, written or oral, relating to such subject matter.
Compliance with Local Laws: This Release and Waiver of Liability is governed by and construed in accordance with the laws of the State of California. Any disputes arising from this agreement shall be resolved in the appropriate courts located within the State of California.
Insurance Coverage: Home Core Athletics, LLC maintains appropriate insurance coverage for the activities, including general liability insurance, accident insurance, and property insurance. This insurance is intended to provide coverage for risks associated with the activities. However, the undersigned acknowledges that insurance coverage does not cover all potential risks and agrees to be responsible for any costs or damages not covered by the insurance.
Additional Risks:
Transportation Risks: The undersigned acknowledges the risks associated with transportation to and from the activities and accepts responsibility for any injury or damage that may occur during such transportation.
Weather-Related Risks: The undersigned acknowledges the risks associated with participating in activities under various weather conditions and accepts responsibility for any injury or health issue that may arise from such conditions.
Facility Risks: The undersigned acknowledges the risks associated with using facilities and equipment provided for the activities and accepts responsibility for any injury or damage that may occur.
Interaction with Other Participants: The undersigned acknowledges the risks associated with interactions with other participants and accepts responsibility for any injury or conflict that may arise.
Medical Conditions: The undersigned acknowledges that participation in the activities may exacerbate pre-existing medical conditions or injuries and accepts responsibility for any such issues.
Infection Risks Beyond COVID-19: The undersigned acknowledges the risk of exposure to other infectious diseases and accepts responsibility for any resulting illness or injury.
Psychological Risks: The undersigned acknowledges the potential psychological impacts of participation, including stress and anxiety, and accepts responsibility for any such effects.
ADA Compliance Statement: Home Core Athletics, LLC is committed to ensuring that all individuals have equal access to our programs and services. If you or your child require any accommodations or have questions regarding accessibility, please contact us at admin@homecoreathletics.com. We will work with you to provide the necessary support.
By acknowledging this agreement, the parent/guardian confirms they have read, understood, and agree to the terms of this Release and Waiver of Liability and Indemnity Agreement.