RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, PHOTOGRAHIC
RELEASE, AND INDEMNITY
AND PARENTAL CONSENT AGREEMENT
("AGREEMENT")
IN CONSIDERATION of
being permitted to participate in any way in any and all Fore Kicks Sport
Complexes, ("Fore Kicks") activities ("Activities") I,
for myself for personal representatives, assigns, heirs, dependants, and next
of kin:
- ACKNOWLEDGE, agree, and represent that I understand
the nature of Fore Kicks Activities and that I am qualified, in good
health, and in proper physical condition to participate in such
Activities. I further agree and warrant that if at any time I believe
conditions to be unsafe, I will immediately discontinue further
participation in the Activity.
- FULLY UNDERSTAND THAT: (a) FORE KICKS ACTIVITIES INVOLVE
RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT
DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks
and dangers may be caused by my own actions or inaction's, the actions
or inaction's of others participating in the Activity, the condition in
which the Activity takes place, or THE NEGLIGENCE OF THE
"RELEASEES" NAMED BELOW; (c) there may be OTHER RISK AND
SOCIAL AND ECONOMIC LOSSES either not known to me or not readily
foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS
AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a
result of my participation or that of the minor in the Activity.
- Communicable Diseases Waiver including COVID-19 &
Bacterial Infections: Participation includes possible exposure to and
illness from infectious diseases or bacterial infections including but
not limited to MRSA, Influenza and COVID-19. I KNOWINGLY and FREELY assume all such
risks, even if arising from the negligence of the Releasees or others, and
assume full responsibility for my participation; and I willingly agree
to comply with the stated and customary terms and conditions for
participation as regards to protection from infectious diseases
including but not limited to social distancing and face masks if
required, and follow all guidelines for the health and safety of staff
and other players. I further agree not to enter Fore Kicks facilities if
I have any reason to feel as if I may have any communicable diseases.
- Consent to Use Pictures or Recording of Participant and Release of
Liability with Respect Thereto: I hereby agree to allow Fore
Kicks the absolute and unconditional right to record and permission to
publish, or use at its discretion, photographic pictures or videos of
me, or in which I may be included in whole or in part and I authorize
Fore Kicks to use my photograph, video and or audio recording on its
Website and social media platforms as well as other official printed
publications for Fore Kicks benefits without further consideration. I
hereby waive any and all rights to inspect and /or approve the finished
product or the copy that may be used in connection therewith, or the use
of which it may be applied.
- Authorization for Emergency Medical Care: I hereby
consent to receive medical treatment on an emergency basis in the event
of injury, accident and/or illness during my participation in Activities
at Fore Kicks. I agree to hold the Releasees harmless for any claims
resulting from any medical treatment I receive. I certify that I
currently have medical/health insurance to cover any injuries that I may
sustain during my participation in Activities at Fore Kicks.
- HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE
FORE KICKS, their respective administrators, directors, agents,
officers, members, volunteers, and employees, other participants, any
sponsors, advertisers, and, if applicable, owner and lessors of premises
on which the Activity takes place, (each considered one of the
"RELEASES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS,
LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE
OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE,
INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if,
despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND
INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any
of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE
RELEASEES from any litigation expenses, attorney fees, loss, liability,
damage, or cost which may incur as the result of such claim.
I HAVE READ THIS
AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP
SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT
INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW
AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE
BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
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