This Liability Waiver and Assumption of Risk Agreement (the “Agreement”) is made and executed on the date written below by the undersigned participant and/or the participant’s parent or legal guardian (hereinafter collectively referred to as the “Participant”) and Carolina Club Stars, including its owners, directors, officers, coaches, volunteers, and affiliated entities (hereinafter collectively referred to as the “Club”).
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WHEREAS, the Club organizes, sponsors, and operates a club travel football program, including but not limited to practices, training sessions, games, tournaments, conditioning, travel, and related football activities;
WHEREAS, the Participant desires to participate in the football-related activities and services offered by the Club;
WHEREAS, the Parties recognize that participation in football and related activities involves inherent risks that no amount of care, caution, instruction, or supervision can entirely eliminate;
WHEREAS, to induce the Club to allow participation in its football program, the Parties intend to release the Club from any and all liability to the fullest extent permitted by law;
NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Participant and the Club agree as follows:
1. Assumption of Risk of Physical or Mental Injury
The Participant knowingly and voluntarily assumes all risks of accident, injury, illness, or damage to their person, whether physical or mental, which may arise from or be related in any manner to participation in any football-related activity offered, sponsored, or organized in whole or in part by the Club. Such risks include, but are not limited to, injuries resulting from contact with other participants, equipment, facilities, travel, weather conditions, or other hazards, whether caused by the negligence, acts, or omissions of the Club, its owners, directors, officers, coaches, volunteers, agents, or any third party.
2. Assumption of Risk of Property Damage
The Participant assumes all risks of loss of or damage to personal property owned, worn, used, or brought by the Participant in connection with participation in any Club activity, including practices, games, tournaments, or travel, whether caused by the negligence, acts, or omissions of the Club or any third party.
3. Release of Liability
The Participant hereby remises, releases, acquits, and forever discharges the Club and its owners, directors, officers, coaches, volunteers, agents, representatives, successors, and assigns from any and all actions, causes of action, claims, demands, damages, costs, expenses, or attorney’s fees of any kind whatsoever, whether known or unknown, which arise out of, relate to, or are connected with participation in the Club’s football activities, including travel to and from such activities.
4. Gross Negligence
To the fullest extent permitted by law, the Participant agrees that this release of liability shall apply to claims arising from alleged negligence, including gross negligence, of the Club or its representatives, but shall not apply where prohibited by law.
5. Conditions of Participation
The Participant agrees that their presence at, observation of, or participation in any Club activity constitutes part of the consideration for execution of this Agreement and confirms acceptance of all risks associated therewith.
6. Voluntary Participation
The Participant acknowledges that participation in the Club’s travel football program is completely voluntary and that they are entering into this Agreement freely and without coercion.
7. Entire Agreement and Amendment
This Agreement constitutes the entire understanding between the Parties regarding the subject matter herein and supersedes any prior agreements or representations. This Agreement may be modified only by a written instrument signed by an authorized representative of the Club.
8. Comprehension of Agreement
The Participant represents that they have read this Agreement, fully understand its terms and implications, and either comprehend the provisions herein or voluntarily accept the risk of not fully understanding them.
9. Severability
If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
10. Authority
The undersigned parent or legal guardian represents that they are legally authorized to execute this Agreement on behalf of the minor participant and to bind both themselves and the participant to its terms.
11. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. The Parties agree that exclusive jurisdiction and venue for any dispute arising out of this Agreement shall be in New Hanover County, North Carolina.