This waiver applies to every program, service, event, league, ladder, tournament, lesson, clinic, open play session, social gathering, trip, and related activity operated, organized, hosted, brokered, or administered by Onward Upward Sports & Events, LLC. By registering, I acknowledge and agree to the following.
ASSUMPTION OF RISK. I understand that participation in athletic, recreational, instructional, competitive, and social activities involves inherent risks that cannot be eliminated regardless of the care taken to avoid injury. These include, but are not limited to, slips, falls, rapid changes in direction, muscle strains, sprains, fractures, concussion, cardiac events, heat illness, dehydration, sun exposure, cold, water and surf conditions, collisions with other participants, contact with equipment, balls, boards, nets, or fixtures, court, floor, ice, turf, sand, or facility surface conditions, the acts or omissions of other participants, spectators, and third parties, consumption of food and beverages, allergic reactions, the effects of alcohol where served, travel to, from, and between venues, and other known or unforeseen incidents. I understand these risks may result in serious injury, permanent disability, or death. I voluntarily choose to participate and assume all such risks, known and unknown, arising from or connected with my participation, including risks caused by the ordinary negligence of the released parties.
MEDICAL FITNESS. I certify that I am physically able to participate and have no medical condition that would prevent safe participation, or that I have consulted a physician and accept all associated risks. I am responsible for my own health, hydration, personal equipment, protective gear, pacing, and safety, for monitoring my own condition, and for stopping participation if I feel unwell or unsafe. Onward Upward Sports & Events does not supervise participants for medical fitness and does not provide medical, accident, or health insurance of any kind.
RELEASE AND COVENANT NOT TO SUE. In consideration of being allowed to participate, I, for myself and my heirs, executors, administrators, personal representatives, and assigns, release, waive, discharge, and covenant not to sue Onward Upward Sports & Events, LLC, and its owners, officers, directors, members, managers, employees, staff, volunteers, independent contractors, coaches, instructors, officials, vendors, partners, sponsors, affiliates, agents, and representatives, together with every host venue, facility owner and operator, municipality, and property owner where any activity takes place, and their respective owners, officers, employees, and agents, from any and all claims, demands, liabilities, damages, losses, costs, and causes of action of any kind arising out of or related to my participation, including claims based on ordinary negligence and claims for personal injury, illness, death, or property damage, except in cases of gross negligence or willful misconduct, to the fullest extent permitted by law.
INDEMNIFICATION. I agree to indemnify, defend, and hold harmless the released parties from any claim, loss, or expense, including reasonable attorney fees, arising from my own conduct, my breach of this agreement, or any claim brought by or through me.
INDEPENDENT PROVIDERS. Coaches, instructors, officials, vendors, transportation carriers, caterers, and other service providers are independent contractors or third parties and are not employees of Onward Upward Sports & Events. Onward Upward Sports & Events does not control and is not responsible for their acts or omissions.
VENUES AND THIRD-PARTY FACILITIES. Activities take place at facilities that Onward Upward Sports & Events does not own or control. I agree to comply with all rules, policies, and safety guidelines of each host venue and to follow the instructions of venue staff and event staff. I understand that no representation is made that any venue, court, surface, or equipment is free of hazards.
CONDUCT. I agree to treat participants, staff, volunteers, venue personnel, and the public with respect. I am responsible for my own conduct at all times and for any damage I cause to a venue or to the property of others. Onward Upward Sports & Events may refuse participation to, or remove, any person for unsafe, disruptive, harassing, threatening, intoxicated, or unlawful behavior, without refund.
ALCOHOL. Where alcoholic beverages are available, I am solely responsible for my own consumption and for any consequences of it. I will not drive or operate a vehicle while impaired. Alcohol is sold and served by the venue or a licensed third party, never by Onward Upward Sports & Events.
WEATHER, CANCELLATION, AND CHANGES. I understand that an activity may be delayed, shortened, relocated, modified, or cancelled for weather, surf or water conditions, facility availability, insufficient registration, public safety direction, or any other condition affecting participant safety or delivery, and that the decision rests with Onward Upward Sports & Events and the host venue. The refund, credit, and transfer terms stated at registration for that activity govern in that event.
REGISTRATIONS. Registrations are personal to the registrant and are not transferable to another person unless expressly permitted in writing. Participating under another person's registration voids this agreement as to that person and may result in removal without refund.
PERSONAL PROPERTY. I am responsible for my own personal items. Onward Upward Sports & Events is not responsible for lost, damaged, or stolen property.
MEDICAL RESPONSE. I authorize Onward Upward Sports & Events, its representatives, venue staff, and any emergency medical provider to render first aid or emergency medical care to me if needed. I understand that I am responsible for my own medical expenses, including transport and treatment, to the fullest extent permitted by law.
MEDIA. I grant Onward Upward Sports & Events permission to photograph and record me during activities and to use my name, image, likeness, and voice in those photographs and recordings for promotional, marketing, and informational purposes, in any medium, without compensation, notice, or further consent.
COMMUNICATIONS CONSENT. I agree that Onward Upward Sports & Events may contact me by email, text message, phone, or the registration platform regarding logistics, safety notices, schedule changes, updates, and follow-up related to my participation. Marketing communications are sent only where I opt in, and I may unsubscribe at any time using the link in any email or by writing to contact@onwardupwardsports.com.
PARTICIPANTS UNDER 18. If I am signing on behalf of a minor:
(a) Authority. I certify that I am the parent or legal guardian of each minor listed, that I have full legal authority to sign on the minor's behalf and on my own behalf, and that where custody is shared no court order prevents me from doing so.
(b) Risk and disclosure. I have explained the risks above to the minor, I allow the minor to participate, and I have disclosed every relevant medical condition, allergy, and medication in writing at registration.
(c) Supervision. Onward Upward Sports & Events provides program instruction and event administration, not childcare. Unless the activity description states otherwise, I or an adult I designate will remain present and responsible for the minor before, during, and after the activity, including drop-off and pick-up.
(d) Release and indemnity for the minor. The release above is given by me on my own behalf and on the minor's behalf to the fullest extent permitted by law. I personally agree to indemnify, defend, and hold harmless the released parties from any claim brought by or on behalf of the minor, including any claim the minor may bring after reaching the age of majority. This indemnification is a separate promise by me and applies even if the release is found unenforceable as to the minor.
(e) Emergency treatment. If I or my designated adult cannot be reached in an emergency, I authorize Onward Upward Sports & Events, its representatives, venue staff, and any emergency medical provider to render first aid, call emergency services, and obtain emergency treatment, transport, and hospitalization for the minor. I am responsible for the resulting medical expenses.
(f) Media for minors. I may withdraw media permission for the minor's future use by writing to contact@onwardupwardsports.com.
GOVERNING LAW AND VENUE. This agreement is governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law rules. Any dispute arising from this agreement or from participation shall be brought exclusively in the state or federal courts sitting in Chester County, Pennsylvania, and I consent to the jurisdiction of those courts.
SEVERABILITY AND ENTIRE AGREEMENT. If any portion of this agreement is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable portion is enforced to the maximum extent the law allows. This agreement is the entire agreement between me and Onward Upward Sports & Events regarding the matters it covers and may be modified only in a writing signed by Onward Upward Sports & Events.
ELECTRONIC AGREEMENT. I agree that my electronic signature below is valid and binding under the Pennsylvania Uniform Electronic Transactions Act and the federal E-SIGN Act, and that this agreement applies to every activity I or the minors listed register for unless replaced by a later version I accept. By signing, I confirm that I have read this agreement in full, that I understand it is a release of legal rights and a promise not to sue, that I have had the opportunity to ask questions and to consult counsel, and that I voluntarily agree to it as a condition of participation.