Release of Liability and Assumption of Risk Agreement

“READ BEFORE SIGNING INCLUDES ARBITRATION PROVISION IN BOLD BELOW”

 

It is the purpose of this agreement (the “Agreement”) to exempt, waive and relieve Operators (as defined below) from all forms of liability as a result of participation in events sponsored by Operators for any and all reasons including without limitation for personal injury, property damage, and wrongful death, including without limitation if caused by negligence, including the negligence, if any, of Operators. The Operators include SuperSeriesAAA, LLC, as well as any other affiliate league, event, or tournament the Participant and/or Participant’s team participates in, and any of their respective affiliates, officers, directors, managers, members, agents and employees (all referred to together as the “Operators”).

 

For and in consideration of the undersigned Participant's registration with Operators, and being allowed to participate in Operators’ events and related activities, Participant (and the parent(s) or legal guardian(s) of Participant, if applicable) waive, release and relinquish any and all claims for liability and cause(s) of action, including, but not limited to, for personal injury, property damage or wrongful death occurring to Participant, arising out of participation in Operators’ events, the sport of ice hockey, and/or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that Participant (and Participant's parent(s) or legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and Participant (and parent(s)/guardian(s), if applicable) does(do) so on behalf of my/our and Participant's heirs, executors, administrators and assigns.

 

Participant (and Participant's parent(s)/guardian(s), if applicable) acknowledge, understand and assume all risks relating to ice hockey and understand that ice hockey activities involve risks to Participant's person including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that I/we have full knowledge of said risks. These risks and dangers may be caused by the negligence and/or willful misconduct of the Participant or the negligence and/or willful misconduct of others, including the Operators identified above. These risks and dangers include, but are not limited to, those arising from participating with bigger, faster and stronger participants, and these risks and dangers will increase if Participant participates in ice hockey activities in an age group above that which Participant would normally participate in. I/We further acknowledge that there may be risks and dangers not known to us or not reasonably foreseeable at this time. Participant (and Participant's parent(s)/guardian(s), if applicable) acknowledge, understand and agree that all of the risks and dangers described throughout this Agreement, including those caused by the negligence of Participant and/or others, are included within the waiver, release and relinquishment described in the preceding paragraph. I/We acknowledge that Participant is required to have and does have his/her own medical insurance coverage. I/We further agree and acknowledge that complete hockey equipment, including mandatory equipment required by both the Participant’s team’s home club, league’s and/or event’s governing body, or within the league’s and/or event’s rules and regulations is required to be worn during Operators’ events and it is understood by the team that any Participant who does not possess the required equipment shall not be permitted to participate in any of Operators’ activities.

 

Participant (and Participant's parent(s)/guardian(s), if applicable) acknowledge, understand and assume the risks, if any, arising from the conditions and use of ice hockey rinks and related premises and acknowledge and understand that included within the scope of this waiver and release is any cause of action (including any cause of action based on negligence and or willful misconduct) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of said areas and /or events and for the failure to warn of dangerous conditions existing at said rinks and/or events, for negligent selection of certain Operators, or negligent supervision or instruction by Operators. As further consideration for registration and participation in Operators’ events and activities, Participant (and the parent(s) or legal guardian(s) of Participant, if applicable), hereby (1) consents and agrees that Operators, its licensees and designees and affiliates may make video and/or audio recordings of and/or otherwise film, photograph or memorialize some or all of Participant's participation in such events and activities, and (2) grants to Operators, its licensees, designees and affiliates, successors and assigns, a worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable right and license to use, copy and disseminate Participant's image and personal attributes, and to modify and present same in any form, manner and media, now known or hereafter devised, for any purpose whatsoever.

 

I/We willingly (i) authorize the Operator, its licensees and designees and affiliates and their respective successors and assigns (collectively, the “Operator Parties”) to record and use the name, image, likeness, and voice of me and/or my child by photograph, audio and video tape recording or any other means now known or hereafter developed (the “Recordings”) in connection with my and/or my child’s attendance and participation in activities in the Arena for media coverage, public relations, or any other purpose and (ii) grant to the Operator Parties, a worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable right and license to use, reproduce, disseminate, broadcast, and publish the Recordings, whether through film, video, television, radio, satellite broadcast, print media, Internet/digital media, social media, or other means of promotion or distribution in all forms of media now known or hereafter developed. I/We also willingly authorize the Operator Parties to use, copy and disseminate, subject to applicable law, my and/or my child's name, image and personal attributes, personal data, height, weight, birthday, hometown, hockey statistics and any other relevant data and to modify and present same in any form, manner and media, now known or hereafter devised, for any purpose whatsoever, including but not limited to allowing leagues, events, tournaments and other providers to have access and use of all such information.

 

I/We willingly agree to comply with the stated and customary terms and conditions for participation in the Operators’ events. If, however, I/we observe any unusual significant hazard during my/our presence or participation, I/we will remove myself/ourselves from participation and bring such to the attention of the nearest official immediately.

 

Participant (and Participant's parent(s)/guardian(s), if applicable), agree if any third-party claim for Participant's personal injury or wrongful death is commenced against Operators, he/she shall defend, indemnify and save harmless Operators from any and all claims or causes of action by whomever or wherever made or presented for Participant's personal injuries, property damage or wrongful death.

 

Participant and Participant's parent(s)/guardian(s), if applicable), acknowledge that they have been provided and have read the above paragraphs and have not relied upon any representations of Operators, that they are fully advised of the potential dangers of ice hockey and understand these waivers and releases are necessary to allow amateur ice hockey to exist in its present form. Significant exclusions may apply to Operators’ insurance policies or governing bodies, when applicable, insurance policies, which could affect any coverage you may have. For example, there is no liability coverage for claims of one player against another player, and Participant and Participant's parent(s)/guardian(s) waive any rights to make a claim against the Operators for this or any other reason.

 

This Agreement will be governed by and construed under the laws of the State of Delaware (without reference to its choice of laws rules, as if to be entered into and performed wholly within the State of Delaware by residents of the State of Delaware). If any clause or provision of this Agreement is determined to be illegal, invalid, or unenforceable under present or future laws, the remainder of this Agreement shall not be affected by such determination, and in place of each clause or provision that is determined to be illegal, invalid or unenforceable, there shall be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable.

 

Subject to strict adherence with the terms and conditions of the Dispute Resolution mechanisms in this Agreement, ALL PARTIES TO THIS AGREEMENT HEREBY FREELY WAIVE ANY OF THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY, BASED UPON, RELATED IN ANY MANNER TO OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THEM RELATING TO THIS AGREEMENT OR THE

 

MANAGEMENT OR OPERATION OF THE COMPANY. The scope of this waiver is intended to be all-encompassing of any and all disputes filed in any court for any reason relating to this Agreement including, without limitation, contract, tort, breach of duty and all common law and statutory claims. All parties to this Agreement acknowledge that they have and are receiving the benefits of this Agreement, and that this waiver was and is a material inducement to enter into this Agreement, that each has already relied on the waiver in entering into this Agreement, and that each will continue to rely on the waiver in their related future dealings. Each party to this Agreement represents and warrants to the other parties to this Agreement that it will strictly comply with the terms and conditions of the Dispute Resolution section of this agreement and that each party has reviewed this waiver with its legal counsel, and that each knowingly and voluntarily waives its jury trial rights following consultation with legal counsel. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THE WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT.

 

Dispute Resolution: All Participants and parties to this Agreement agree and consent that any dispute, controversy, or claim arising under this Agreement shall be conducted in accordance with the Consumer Arbitration Minimum Standards of Judicial Arbitration & Mediation Services, Inc (JAMS) which rules are incorporated by reference into this section. No party to this Agreement shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. The provisions of this section shall survive the entry of any judgment, and will not merge, or be deemed to have merged, into any judgment.
 

This Agreement affects your legal rights, and you may wish to consult an attorney concerning this Agreement. Participant (and Participant's parent(s)/guardian(s)) hereto further warrant and represent that it has reviewed or had the opportunity to review this Agreement with its legal counsel and that it knowingly and voluntarily enters into this Agreement and waives any rights covered hereunder. If any part of this Agreement is determined to be void and unenforceable, the remainder shall remain in full force and effect.

 

I/We acknowledge that if an endemic or worldwide pandemic is declared by the World Health Organization that I/we assumes all risks and accepts sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that attendees may experience or incur in connection with attending the Operators’ event. I/We hereby release(s), covenants not to sue, discharges, and holds harmless the Operator, its employees, agents, and representatives, of and from any such claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. I/We acknowledge that any illness designated as an endemic or pandemic is extremely contagious and spreads from person-to-person. The Operators will put into place preventative measures, as specified by local, state, and federal authorities, to reduce the spread of communicable diseases; however, we cannot guarantee that you or your child(ren) will not become infected while attending the Operators’ events. In addition, I/we agree to comply, when applicable, with any preventative procedures implemented by the Operators during attendance and participation.

 

This Agreement may be executed by signatures transmitted via facsimile or electronic transmission, such as a “pdf” document transmitted through electronic mail or electronic agreement and acknowledgement on a website, which shall have the same force and effect as an original signature. If you have any questions, contact the Operator representative.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.