JERSEY BIRDS HOCKEY LLC
RELEASE AND WAIVER OF LIABILITY
Adult Women's Ice Hockey League | East Brunswick, NJ
PLEASE READ CAREFULLY. BY SIGNING THIS AGREEMENT, YOU ARE CONSENTING TO THE WAIVER AND RELEASE OF CERTAIN LEGAL RIGHTS. THIS AGREEMENT ALSO INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of being permitted to participate in the Jersey Birds adult women's ice hockey league, including all practices, clinics, scrimmages, games, and related activities (collectively, the "Activities"), organized and operated by Jersey Birds LLC ("the Organization"), held at 1 Arena Drive, East Brunswick, NJ 08816 or any other designated location, the below-named individual ("Participant") does hereby freely and voluntarily acknowledge and agree, to the fullest extent permitted by law, as follows:
1. ELIGIBILITY
Participation in the Activities is open only to individuals who are 18 years of age or older. By signing this Agreement, the Participant confirms they are at least 18 years of age and have the legal capacity to enter into this Agreement.
2. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
I understand that the Activities may be hazardous and that there are risks and dangers, including those of personal injury (including death), property damage, and other hazards that could arise from or occur during the Activities. I acknowledge that these risks include, but are not limited to, those arising from:
Falls, collisions, and contact with other participants, the ice surface, boards, goal posts, and hockey equipment;
Being struck by pucks, sticks, or other objects;
Injuries including cuts, bruises, broken bones, concussions, spinal injuries, eye injuries, and other serious or permanent injuries;
Risks arising from the actions or negligence of other participants, volunteers, staff, or spectators;
Risks related to the condition of the ice surface, the facility, or equipment;
Risks of illness arising from any communicable disease.
I fully understand and knowingly and voluntarily assume all of the foregoing risks and accept personal responsibility for any and all damages, liabilities, and other losses that I or any of my personal representatives, spouse, heirs, assigns, executors, trustees, administrators, or next of kin (collectively, "Related Persons") may incur in connection with any such illness, personal injury, temporary or permanent disability, other short-term or long-term health effects, and/or death. I further acknowledge and accept sole responsibility for all of the risks and hazards to myself and my property associated with or related to the Activities, whether caused by the negligence, fault, or misconduct of any kind on the part of any Released Parties.
3. RELEASE, WAIVER, AND COVENANT NOT TO SUE
I, on behalf of myself and each of my Related Persons, hereby voluntarily and irrevocably and forever release, waive, and discharge (and covenant not to sue) Jersey Birds LLC and its owners, officers, directors, employees, volunteers, coaches, officials, sponsors, agents, and each of the foregoing's respective successors and assigns (collectively, "Released Parties") from any and all claims, suits, causes of action, and claims for damages, whether past, present or future, and whether known or unknown, including but not limited to claims arising out of or in connection with my death, personal injury, illness, temporary or permanent disability, suffering of short-term or long-term health effects, economic loss, out-of-pocket expenses, or loss of or damage to property, which I or any of my Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to: (i) my participation in the Activities; (ii) any of the risks or dangers identified in Section 2 above, each of which I have knowingly and voluntarily assumed and for which I have knowingly, voluntarily, and irrevocably waived legal recourse, in each case whether caused by any action, inaction, fault, misconduct, or negligence of any Released Party or otherwise.
I further agree to defend and indemnify the Released Parties from and against any and all claims, suits, actions, and legal proceedings that may be instituted on my behalf or on behalf of my Related Persons.
4. MEDICAL TREATMENT / INSURANCE / EXPENSES
I do hereby release and forever discharge the Released Parties from any claim whatsoever arising on account of any first aid, treatment, or service rendered in connection with my participation in the Activities. I understand that the Released Parties do not assume any responsibility or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance, in the event of injury or illness. Participants are expected and encouraged to obtain their own medical or health insurance coverage. I am solely responsible for any and all medical expenses due to bodily injury, illness, disability, death, property damage, and other harm in connection with the Activities.
The Participant consents to emergency medical treatment if they are incapacitated and unable to give consent. The Organization's accident medical coverage (where applicable) is excess coverage and is subject to a per-claim deductible.
5. CONCUSSION PROTOCOL
The Participant agrees to immediately report any suspected head injury or concussion symptoms to a League official. Any Participant suspected of sustaining a concussion will be removed from play for the remainder of that session and must provide written medical clearance from a licensed healthcare provider before returning to League Activities.
6. EQUIPMENT AND SAFETY REQUIREMENTS
The Participant agrees to wear all required protective equipment during the Activities, including at minimum:
Certified hockey helmet with full cage or shield;
Neck guard;
Shoulder pads, elbow pads, gloves, shin guards, and hockey pants;
Ice hockey skates;
Any other equipment required by the facility or the Organization.
The Participant agrees to follow all rules of the League and facility, and to comply with instructions from coaches, officials, and staff. The Organization reserves the right to remove any Participant from the Activities for conduct deemed unsafe or disruptive.
7. PHOTOGRAPHIC RELEASE
I hereby grant the Organization the right to photograph or record me during the Activities and to use such images or recordings for promotional, marketing, or social media purposes without compensation. This license is granted for so long as the Organization operates. The Participant may opt out of this release by notifying the Organization in writing prior to participation.
8. CODE OF CONDUCT
The Participant agrees to conduct themselves in a respectful and sportsmanlike manner at all times. Jersey Birds is committed to being an inclusive, welcoming environment for all participants. Harassment, discrimination, or abusive behavior of any kind will not be tolerated and may result in removal from the League without refund.
9. REFUND POLICY
Registration fees are non-refundable except at the sole discretion of the Organization. If a session is cancelled by the Organization due to circumstances beyond its control, the Organization will make reasonable efforts to reschedule or provide a credit toward a future session.
10. GOVERNING LAW, ARBITRATION, AND CLASS ACTION WAIVER
I expressly agree that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New Jersey, and is intended to be as broad and inclusive as is permitted by the laws of New Jersey. If any provision is not valid or cannot be enforced as written, the provision shall be revised by the applicable court to the extent necessary to make it enforceable and consistent with the parties' intentions, and the remaining provisions shall continue in full legal force and effect.
I agree to submit any dispute arising under this Agreement to binding arbitration pursuant to American Arbitration Association ("AAA") rules. I further agree that: (i) the arbitrator shall have the power to award any remedies, including attorneys' fees and costs, available under applicable law; (ii) judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction; (iii) any award may be vacated or modified only on the grounds specified in applicable rules and laws; and (iv) any arbitration conducted pursuant to this Agreement shall take place in New Jersey.
I agree that all claims must be pursued on an individual basis only. By signing this Agreement, I hereby waive my right to commence, or be a party to, any class or collective claims against the Released Parties.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT. I understand its terms, including that I am hereby giving up substantial legal rights. I understand that it is a material inducement for my admission to and continued participation in the Activities and that the Released Parties are relying upon it. I understand that I may consult an attorney about this Agreement. I acknowledge that I am 18 years of age or older.