Assumption of Risk, Waiver of Liability, and Indemnification Agreement
Nature of the Activity: New Mexico United and its Somos Unidos Foundation (hereafter referred to as NMU/SUF) are a professional soccer team and nonprofit organization located in Albuquerque, New Mexico. NMU/SUF conducts many activities that involve participation by parties who are not employed by the team. Some of these activities include, but are not limited to, team tryouts, halftime activities at games, team promotional events, special events, soccer clinics, and soccer camps. In this document, these activities will be referred to collectively as NMU/SUF Activities. Some of these involve participation in soccer-related activities such as games, drills, skill or fitness tests, conditioning, and soccer instruction. These activities involve vigorous physical activity and, like all physical activity, carry with them the inherent risk of injury. Some of those inherent risks are being hit in the head or face with a ball; collisions with other participants or stationary objects (such as the goals); goals overturning and striking a participant; over-exertion by a participant; heat-related illness; and unexpected extreme weather (such as lightning, tornado, high winds Some activities may include fun games and contests, competition between attendees, and activities with which the participant is unfamiliar - all of which have inherent risks. Participants can be over-enthusiastic and be injured while caught up in the spirit of the event and trip, fall, or suffer other mishaps. Other inherent risks in all NMU/SUF Activities include unexpected equipment failure; failure of safety equipment to protect; erratic or careless behavior of the participant; erratic or careless behavior of other participants; supervisory or judgment error by NMU/SUF staff, coach, instructor, referee (e.g., coach, instructor, or referee-misjudging the capacity of the participant to perform an action; failure of the instructor, coach, or referee to see or recognize dangerous actions or situations, failure to spot a hazard during facility inspection NMU/SUF feels that it is important that the MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S) (hereafter referred to as PARTICIPANT/PARENT) need to be aware that three types of injury can occur as a result of NMU/SUF/ Healthcare Services Activities. The most common are minor injuries, which include, but are not limited to, bruises, cuts, scratches, minor sprains, muscle pulls, muscle soreness, and headaches. Occasionally, a participant suffers a major injury, which includes, but is not limited to, eye injuries, broken bones, joint injuries (e.g., fractures; dislocations), internal organ injury, severe sprains, and concussions. And finally, While rare, there is the possibility of a catastrophic injury which includes, but is not limited to, spinal injuries, injuries resulting in permanent disability, paralysis, heart attack, stroke, brain injury, and death. Assumption of Inherent Risks: I, the PARTICIPANT/PARENT, have read the above paragraphs and know that NMU/SUF Activities contain inherent risks which are impossible to prevent. I understand the nature and demands of NMU/SUF/ Activities relative to my physical condition and skill level, and I appreciate the types of injuries that may occur as a result of NMU/ SUF Activities and their potential impact on my well-being and lifestyle. I hereby assert that my participation is voluntary and that knowingly assume all inherent risks. Waiver of Liability for Ordinary Negligence: In consideration of permission to participate in NMU/SUF Activities and services, today and on all future dates, I, the PARTICIPANTIPARENT, on behalf of myself, my spouse, my child, my heirs, personal representatives, and assigns [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue NMU/SUF or NMU/SUF owners, directors, officers, affiliates, employees, volunteers, coaches, instructors, referees, independent contractors, equipment providers, agents, and co-participants [hereafter referred to as Protected Parties] from liability from any and all claims arising from the ordinary negligence of NMU/SUF/ or the other Protected Parties. This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in NMU/SUF Activities (including, but not limited to, team tryouts, halftime activities at games, team promotional events, special events, soccer clinics, and soccer camps; this includes instruction or classes, observation, use of facilities or equipment, shower/locker room area, and all premises including the associated sidewalks and parking lots); and to 2) any and all claims resulting from the damage to, loss of, or theft of property. Indemnification Agreement: I, the PARTICIPANT/PARENT, also agree to hold harmless, defend, and indemnify NMU/SUF and Protected Parties (that is, defend and pay any judgments and costs, including investigation costs, attorney's fees, and related expenses) from any and all claims of referencing parties or others acting on my behalf, arising from my participation in NMU/SUF Activities (including those arising from the inherent risks ofthe activity or the ordinary negligence of Protected Parties I further agree to hold harmless, defend, and indemnify USL and Protected Parties against any and all claims of co-participants, rescuers, and others arising from my conduct while participating in NMU/SUF Activities or while I am on the premises used or controlled by NMU/SUF. Clarifying Clauses: I, the PARTICIPANT/PARENT 1) Affirm this is the entire agreement between me and NMU/SUFs; it can be changed only by written agreement by me and an authorized member of NMU/SUF2) I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of