KatyISC Waiver
AGG SPORTS MANAGEMENT LLC DBA KATY INTERNACIONAL SPORTS COMPLEX
WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY.
BY SIGNING IT, YOU ARE GIVING UP LEGAL RIGHTS
In consideration for being allowed the revocable entry into and participation in activities, including participation in soccer games as a player or as a coach in said soccer games, soccer matches, soccer training camps, practices, scrimmages, and other activities that may be conducted within AGG Sports Management LLC dba Katy Internacional Sports Complex premises (the “Activities”), the undersigned hereby voluntarily enter into this WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT (this “Agreement”) as of the date set forth below with AGG Sports Management LLC dba Katy Internacional Sports Complex, its parent, subsidiaries, affiliates, other related entities, successors, owners, managers, members, directors, officers, shareholders, agents, employees, servants, assigns, investors, legal representatives and all individuals and entities involved in the operation of the Katy International Sports Complex, hereinafter collectively referred to as the “Released Parties”,
1. ACKNOWLEDGMENT OF RISKS:
1.The undersigned recognizes and understands that there are risks associated with their participation in the Activities including, but not limited to, bodily injury or death to persons and damage to property. The undersigned further acknowledges and understands that they will be held liable and responsible for any and all damage to persons, vehicles, property and/or improvements to property that is caused by them and/or any persons (including, but not limited to, minors) under their care and control, and that rise out of, or are related to, the undersigned’s entry into and participation in the Activities.
2. APPLICABILITY AND SCOPE OF RELEASES AND INDEMNITIES:
2.For purposes of this Agreement, “Claims” shall mean any past, present and future claims, losses, costs, expenses, liabilities, demands, or causes of action, and costs of defense or settlement (including, without limitation, attorney’s fees and court costs). The releases, waivers and indemnities contained in this Agreement expressly shall apply regardless of whether the Claims to be released, waived or indemnified against arise, or are alleged to rise, from (i) NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), GROSS NEGLIGENCE, NEGLIGENCE PER SE, and/or STRICT LIABILITY, of the “Released Parties”; (ii) personal injury death or property damage; (iii) acts of any other persons or guests; (iv) theft, burglary, assault, or other crimes; (v) fire, water, wind, rain and/or smoke and/or (vi) any other risks and hazards associated with the undersigned’s entry into and participation in the Activities.
3. RELEASE FROM LIABILITY:
3.The undersigned hereby RELEASES, ACQUITS AND FOREVER DISCHARGES, and WAIVES any and all Claims against any of the Released Parties that arise from or relate to their entry and participation in the Activities –including, but not limited to, the types of claims enumerated in Paragraph 2 – and agree not to sue any of the Released Parties for such Claims. Without limiting the foregoing, the undersigned agrees that the Released Parties shall not be liable to them, their family, or their guests, for personal injury, property damage, or any other Claims arising from or related to the undersigned’s entry into and participation in the Activities.
4. AGREEMENT TO INDEMNIFY AND HOLD HARMLESS:
4.The undersigned agrees to INDEMNIFY AND HOLD HARMLESS the Released Parties against any and all Claims arising from or related to the undersigned’s entry and participation in the Activities –including, but not limited to, the types of Claims enumerated in Paragraph 2. In addition, and without limiting the foregoing, the undersigned agrees to IDEMNIFY the Released Parties for any Claims for injuries to any minors under their care and control and/or his or her parents/guardian, and for any Claims asserted by, through or under the undersigned, arising from or related to the undersigned’s entry into and participation in the Activities—including, but not limited to, the types of Claims enumerated in Paragraph 2. As used herein, “INDEMNIFY” means to agree to assume the Released Parties’ liability in a situation, thereby relieving them of responsibility, and/or reimbursing the Released Parties for Claims asserted against them.
5. VIDEO/PHOTOGRAPH/INTERVIEW RELEASE AND INDEMNITY AGREEMENT:
5.The undersigned GRANTS PERMISSION to be RECORDED, VIDEOGRAPHED, PHOTOGRAPHED and/or INTERVIEWED in connection with the Activities. The undersigned understands that any such videos, photographs, recordings or interviews may be used by the Released Parties for television, film, video, visual, graphic or printed media and for publicity, promotion and sale to participating teams and individuals, without compensation to the undersigned. Furthermore, such videos, photographs or interviews may be published through our website, social media pages, news bulletins, billboards, and ads. The undersigned waives the right to approve the final product. The undersigned agrees that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of AGG Sports Management LLC dba Katy Internacional Sports Complex The undersigned agrees to RELEASE, INDEMNIFY, ACQUIT and FOREVER DISCHARGE the Released Parties with respect to any Claims related to the usage of such videos, photographs or recordings by the Released Parties or any media –including, but not limited to, any claims for invasion of privacy, appropriation of likeness or defamation as well as the types of Claims enumerated in Paragraph 2.
As further inducement to AGG Sports Management LLC dba Katy Internacional Sports Complexto permit the undersigned’s entry into and participation in the Activities, the undersigned represents that they thoroughly and completely understand that this is a complete and final release and indemnity agreement, that they are freely and voluntarily entering into this Agreement, and that no representations, promises or statements made by any Released Party, or any agent, attorney or other representative of any ReleasedParty has influenced the undersigned in causing them to sign this Agreement.
The undersigned understands that this agreement shall be binding on their heirs, executors, successors and assigns that the Agreement will be governed by the laws of Texas, and that jurisdiction and venue for resolution of any dispute regarding this Agreement shall lie in a Texas State Court in Fort Bend County, Texas. If any part of this Agreement is determined to be invalid or unenforceable, it does not affect the validity of the remainder of this Agreement. The undersigned agrees to the terms and conditions above, and acknowledges receipt of this Agreement.