In consideration of myself, or, minor child/ward (“my child”) being allowed to participate in this sport clinic program, its related events and activities, I, the undersigned, acknowledge, appreciate, and agree that:
The risk of serious injury from the sports activities involved in this program is always present due to the nature of the sport (s); and there are also risk of injury from such outside clinic activities to which you may consent, and
FOR MYSELF, SPOUSE, AND CHILD, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my child’s participation; and
I willingly agree to comply with the program’s stated and customary terms and conditions for my child’s participation. If, however, I observe any unusual significant concern in my child’s readiness for participation and/or in the program itself, I will remove my child from participation and bring such to the attention of the nearest official immediately; and
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS the California Legion, City of Encinitas, their officers, directors, officials, agents, owners and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for activity (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, regarding my child and/or arising from his/her activities, WHETHER ARISING FROM NEGLIGENCE OF THE RELEASEES OR OTHERWISE, except for willful misconduct, or otherwise to the fullest extent of the law.
I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the RELEASEES, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
I give my permission to use my picture and/or video or other likeness, or a picture and/or video or other likeness of any of my children, specifically, in general publicity, campaign and/or marketing materials. This authorization shall continue unless I otherwise revoke said authorization in writing.
General Waiver and Release.
People may suffer injuries while participating in athletic activities, even if the greatest care is exercised. Accordingly, Athletes and their guests may injure themselves while attending or using our facility, or participating in any of our activities, programs, or special events. Athletes and their guests, therefore, assume all risk of personal injury, death, property loss, or other damages that may relate to attending or using our facility, or participating in any of our programs, activities, or special events. By assuming those risks, you waive and release all claims you may have or may want to assert against Releasees, and any of our affiliates or affiliates’ owners, officers, directors, managers, employees, agents and representatives of City of Encinitas for any such personal injuries, death, property loss, or other damages connected to or arising out of any of the aforesaid risks. You further release Releasees the from all known or unknown, anticipated or unanticipated, issues resulting from or arising out of the Athlete’s attendance at, or use of our facility, or their participation in any of our activities, programs or special events, including, without limitation, those arising from our negligence or that of any other member of City ofEncinitas. You also release Releasees from all liability relating to loss, theft, or damage to personal property, without limitation.
Media Release.
You agree that We may photograph, film or otherwise record you or our other athletes while engaged in our programs or on the premises. Any such photographs or recordings may be used by Releasees for promotion, education, advertising, marketing or publishing on our digital communication platforms.
Athlete’s Physical Fitness.
You represent that the Athlete is physically fit to engage in the activities that he or she participates in with Releasees. You are solely responsible for all health risks associated with those activities. If we evaluate the Athlete’s physical fitness or recommend any activities for the Athlete, that is not a substitute for, and does not relieve you from the obligation of having the Athlete’s physician or physical therapist evaluate the Athlete or recommend appropriate activities for him or her before the Athlete begins a physical exercise program, or engages in any activities at our facility.
The Athlete should be examined by his or her physician before using our facility. If the Athlete has a history of heart disease, the Athlete must consult a physician before using our facility; he or she may not use the facility without such a consultation. We are not licensed physicians and our advice is therefore limited in scope and not a substitute for medical supervision and advice, which the Athlete must obtain independently from Releasees.
Licensees.
We may lease or license certain space in our facility to one or more third parties (each, a “Licensee”). All Licensees are independent businesses and/or independent contractors. Accordingly, if the Athlete uses any services offered or performed by a Licensee, that is a matter solely between the Athlete and the Licensee. We make no representations or warranties with respect to any of the services that are offered or performed by any Licensee, and the Athlete uses the Licensee at his or her own risk. Licensees are not owners or employees with Us, and nothing creates any legal relationship between us and any Licensee other than that of licensee and licensor, or sublessee and sublessor.
Arbitration.
All disputes and legal claims that you and you guests may have with or against Releasees must be resolved through binding arbitration conducted by the American Arbitration Association.
Miscellaneous.
We do not honor any oral agreements made at the facility or over the phone that are contrary to the terms and conditions in this Agreement. This Agreement constitutes the entire legal agreement pertaining to training programs, sessions and special events, and any other matters herein discussed and supersedes any other promises, representations, or understanding of any kind, whether oral or written. No modifications or alterations to the terms or provisions hereof may be made by anyone unless such changes are expressly authorized in writing by one of our authorized personnel. If any provision of this Agreement is contrary to, prohibited by, or considered invalid under applicable law, that provision is inapplicable and considered omitted to the extent it is contrary, prohibited or invalid-but, in such event, the remainder of this Agreement is not invalidated, must be given full force and effect so far as possible. If any provision of this Agreement may be constructed in two or more ways, one of which renders the provision invalid or otherwise voidable or unenforceable and another of which renders the provision valid and enforceable, the provision has the meaning that renders it valid and enforceable. We do not lose our rights under this Agreement if we delay in enforcing them or fail to enforce such rights.
By my signature I indicate that I have read and understand this Waiver of Liability. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.