2. Acknowledgment and Acceptance of Risk
I recognize that participation in this program is voluntary and that there are certain inherent risks that participants, and their parents on their behalf, voluntarily assume. I agree that neither Yeshiva Wrestling Association (YWA), nor their Boards, directors, officers, agents, and employees (collectively, the “Institutions”) assume any responsibility for damages to or loss of my son’s property, his illness or injury, or death while he participates in the Program. By voluntarily participating in the Program, he and I freely assume any risk associated with or arising out of the Program.
3. Insurance
I agree that it is my responsibility to ascertain whether I have adequate health and accident coverage for my son and to procure any other insurance coverage as I may deem necessary.
4. Transportation
I agree that it is my responsibility to arrange for my son’s transportation to and from the Program. I agree that the Institutions are not responsible for transportation, and I agree to indemnify and hold the Institutions harmless from any claims relating to the transportation of my child to or from the Program.
5. Waiver, Release, Indemnification and Hold Harmless
I understand and agree that there are unavoidable risks in participation in the Program. In consideration of the Institutions’ making the Program available to my son, I do hereby forever and absolutely on behalf of my child and myself, waive and release any claims against the Institutions relating to my son’s participation in the Program, including, but not limited to, claims for any injury, loss, damage or accident, delay or expense resulting from the use of any vehicle, any strikes, war, acts of terrorism, weather, sickness, quarantine, government restrictions or regulations. I also agree to defend, indemnify and hold harmless, the Institutions from and against any and all liability, claims, lawsuits, judgments, losses, damages, and expenses, including reasonable attorneys’ fees, arising out of any financial obligations or liabilities that my son may personally incur or any damage or injury to his person or property or the person or property of others that he may cause, while participating in the Program.
6. In the Event of an Emergency
The program coaches or health care professionals participating in the Program have authorization to order medical or surgical treatment deemed necessary for my son. In the event that I am not available for consultation, and in the event the Program coaches or their designee determine that it is advisable to seek medical attention for my son, I give permission to an authorized representative of YWA to secure medical and/or surgical treatment for my son. I will hold the Institutions harmless from any liability, damages, costs, and expenses arising therefrom.
7. Consent to Photograph
In further consideration of the Program available to my son, I grant permission to the Institutions to take photographs, audio and/or videotapes or motion pictures (collectively “Photographs”) of my son, individually or with others at or in connection with the Program and to use and publish his name and Photographs for such purposes as the Institution may deem proper, including but not limited to publicity, promotional and educational purposes. In granting such permission without compensation or royalty, I hereby relinquish my right, title and interest in the Photographs.
8. Severability
I agree that, should any provision or aspect of this Agreement be found to be unenforceable, that all remaining provisions of the Agreement will remain in full force and effect.
9. Governing Law
I agree that if there is any dispute concerning my participation in the program or the interpretations of this Agreement, any such disagreement shall be determined in accordance with the laws of the State of New Jersey.
10. Entire Agreement and Modification
The terms and conditions of this Waiver and Release of Liability represent my complete understanding of the parties hereto with regard to my son’s participation in the Program and supersedes any previous or contemporaneous understandings I may have had with the Institutions on this subject, whether written or oral, and cannot be changed or amended in any way without the written concurrence of both the Institutions and me.
11. Assurances and Consent
I HEREBY GRANT PERMISSION TO MY SON TO ATTEND THE PROGRAM. I HAVE READ ALL OF THE ABOVE INFORMATION AND CONSENT TO ALL OF THE FOREGOING PROVISIONS.