1. Defined terms under this agreement:
“Agreement” shall mean this Release, Waiver of Liability, Assumption of Risks and Indemnity/Hold Harmless Agreement.
“Released Parties” shall mean Harvest8 Sports Group Inc and all of its past, present, and future affiliated subsidiaries and entities, representatives, owners, shareholders, officers, directors, trustees, attorneys, agents, servants, employees, volunteers, contractors, parents, subsidiaries, affiliates, and insurers.
“Activities” shall include all activities at the JC Sports facilities, all training and instruction given by the Released Parties to the Participant (as defined below) at any location, as well as the use of all equipment, personal property, and real property owned, leased, rented or provided by the Released Parties at any location.
“Participant” shall mean the Participant executing this Agreement, his or her minor children participating in Activities, and any other persons for which the Participant is executing this Agreement on behalf of.
2. In consideration for being allowed to participate in Activities, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Participant is entering into this Agreement.
3. PARTICIPANT AGREES TO FOREVER RELEASE, ACQUIT, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER, AT COMMON LAW, STATUTORY, OR OTHERWISE, THAT PARTICIPANT HAS NOW OR MIGHT HAVE IN THE FUTURE, RELATED IN ANY WAY TO THE ACTIVITIES. FURTHER, PARTICIPANT HEREBY AGREES TO DEFEND (IMMEDIATELY UPON DEMAND) AND INDEMNIFY THE RELEASED PARTIES FROM ANY AND ALL CLAIMS MADE BY OR THROUGH PARTICIPANT AND/OR ANY PERSONS RELATED TO PARTICIPANT BY BLOOD, MARRIAGE OR ADOPTION IN THE PAST, PRESENT, AND FUTURE, AS WELL AS CLAIMS MADE BY PARTICIPANT’S PAST PRESENT AND FUTURE AGENTS, EMPLOYEES, CONTRACTORS, INSURERS, HEIRS, BENEFICIARIES AND ENTITIES FOR WHICH HE OR SHE HAS OWNERSHIP. THIS RELEASE OF CLAIMS AND CAUSES OF ACTION, AND THE INDEMNITY OWED PURSUANT TO THIS AGREEMENT, ARE SPECIFICALLY INTENDED TO INCLUDE CLAIMS AND CAUSES OF ACTION CAUSED, OR ALLEGED TO
HAVE BEEN CAUSED, IN WHOLE OR IN PART, BY THE RELEASED PARTIES’ OWN NEGLIGENCE AND/OR GROSS NEGLIGENCE.
4. The Participant expressly warrants and represents that no promise, inducement, pledge, or agreement which is not herein expressed has been made to him or her prior to executing this Agreement, and that Participant is not relying upon any statement or representation, oral or written, of the Released Parties, or any agent of the Released Parties, in deciding to enter into this Agreement. Further, Participant is specifically waiving any fraudulent-inducement claims and/or claims of reliance.
5. This Agreement shall be governed and construed according to the Laws of the State of Texas and venue for any legal action involving such disputes shall lie exclusively in State District Courts of Harris County, Texas. If, for any reason, any portion of this Agreement is found to be unlawful, in violation of public policy, or invalid, such portion shall be stricken and severed from the terms of this Agreement so as to give effect to the remainder of this Agreement.
6. This Agreement may only be modified by a writing agreed to and signed by both parties.
7. This Agreement shall be effective as of the date it is signed by Participant.
By executing this Agreement and enrolling my child on this online system, I am acknowledging that I have fully read and understand its terms. If a Participant is a minor child this may ONLY be executed by a parent or legal guardian on behalf of the minor.
Photograph, Video, and Audio Release Agreement
In consideration of participating in activities at and/or with the Harvest8 Sports Group Inc , the undersigned, on behalf of myself and any of my minor children (as applicable), hereby grant permission toHarvest8 Sports Group Inc (and any of its employees, contractors, and hired independent contractors) the right to photograph and or record, using still photography cameras, audio and/or video equipment, our image, likeness and voice. I understand that that the image, likeness and voice may be edited, copied, exhibited, published or distributed for any purposes (commercial, educational or otherwise) and I waive the right to inspect or approve its use. Additionally, I and on behalf of my children, waive any right to royalties or other compensation arising or related to the use of the image, likeness or voice. There is no time limit on the validity of this Release, nor is there any geographic limitation on where these materials may be distributed or used. By executing this Agreement and enrolling my child in this online system, I am acknowledging that I have fully read and understand its terms. If a Participant is a minor child, this may ONLY be executed by a parent or legal guardian on behalf of the minor.
Storm and Lighting Policy
Children safety is Harvest8 Sports Group Inc number one priority. It is for that reason that we have implemented the following Storm and Lighting policy.
Some facts about storms and lighting:
Each year, about 400 children and adults in the U.S. are struck by lightning while working outside, at sports events, or during other outdoor activities.
· All thunderstorms produce lightning and are dangerous. Lightning kills more people each year than tornadoes.
· Lightning often strikes as far as 10 miles away from any rainfall. Many deaths from lightning occur ahead of the storm because people try and wait to the last minute before seeking shelter.
· You are in danger from lightning if you can hear thunder. If you can hear thunder, lightning is close enough that it could strike your location at any moment.
· Lightning injuries can lead to permanent disabilities or death. On average, 20% of strike victims die; 70% of survivors suffer serious long term effects.
· Blue Skies and Lightning. Lightning can travel sideways for up to 10 miles. Even when the sky looks blue and clear, be cautious. If you hear thunder, take cover. At least 10% of lightning occurs without visible clouds in the sky.
Policy:
*We recognized that Lightning is a threat
*We Apply the 30-30 rule (When you see lightning, count the time until you hear thunder. If this time is 30 seconds or less, seek proper shelter. If you can't see the lightning, just hearing the thunder is a good back-up rule. Wait 30 minutes or more after hearing the last thunder before leaving shelter. )
Harvest8 Sports Group Inc may postpone activities promptly or cancel activities all together at any time and send children Home due to Storm or lighting in the surrounding areas. Harvest8 Sports Group Inc will not wait for rain. Many people take shelter from the rain, but most people struck by lightning are not in the rain! It is a fact that lighting can travel sideways up to 10 miles. If activities are cancel, a make up session may be scheduled at any time unless maximum make up for the season have been already provided. No refunds for cancel training sessions or cancel games. Parents responsibility
If session is cancel due to storm or lighting, parents must do the following: *Leave the field, facility and find shelter immediately, do not delay.
*Seek proper shelter (1) No place outside is safe near thunderstorms (2) The best shelter is a large, fully enclosed, substantially constructed building. A vehicle with a solid metal roof and metal sides is a reasonable second choice.
* If you can't get to a shelter, stay away from trees. If there is no shelter, crouch in the open, keeping twice as far away from a tree as it is tall.
Concussion Policy
Harvest8 Sports Group Inc recognizes the potential danger and long-term health consequences of this often difficult to diagnose form of traumatic brain injury. The Policy is intended to provide easy-to-understand guidelines related to players who have been diagnosed with or are suspected of having a concussion.
• When, during a session, a Player becomes unconscious or suspected of having a concussion the Coach will remove the Player from the activity for the remainder of the session. The Coach will keep the Player out even if the player insists “I’m OK now, Coach”.
• The Coach will inform the Player’s Parent or guardian of the Player’s symptoms as soon as possible. Ideally, the Parent will be notified immediately.
• When the Player returns for a future session if, based on the Coach’s understanding of concussion symptoms, the Coach suspects the player is still exhibiting symptoms, the Coach will keep the player from the activity.
Parent’s Responsibility:
*If my child is diagnosed with a concussion during aHarvest8 Sports Group Inc activity or during ANY OTHER ACTIVITY including those outside Harvest8 Sports Group Inc or if my player has a prior head injury, I will inform my child’s Coach of such diagnosis prior to the start of the season or before my child returns to play.”
*I understand that Harvest8 Sports Group Inc has the right to refuse service and refuse to accept the return of my child to the scheduled and paid activities at any time.
*Harvest8 Sports Group Inc May ask that my child be evaluated it by a physician or a professional or to provide written doctor’s approval in order for my child to return to the scheduled and paid activities.
*There are NO REFUNDS for refusal of services and for not accepting that your child return to scheduled and paid activities if the child is believed to have concussion symptoms.