Liability, Assumption of Risk, Media, Eligibility Waiver
PARTICIPANT AGREEMENT, INDEMNIFICATION, RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK. PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCEPTING THIS DOCUMENT AND CLICKING FORWARD, YOU ARE GIVING UP YOUR AND YOUR MINOR CHILD’S LEGAL RIGHTS.
I understand that Participation, which means activities in, on, around, in connection with or associated with the sport of soccer, and/or any other form of athletic training, the use of training equipment, and/or participating in any competitive game or scrimmage for the purpose of learning and/or participating in the Sport of Soccer (herein after called the “Activities”) and Elite Soccer PK, as well as its dba Elite Soccer Personal Training, (collectively “Elite Soccer PK”) are inherently dangerous activities, involving known and unknown risks of physical and/or mental injury and even death. If your child has any learning, physical, or mental, disability is the parent or legal guardian’s responsibility to disclose this information in advanced with us at the time of enrollment.
In consideration of Elite Soccer PK, permitting me and/or the child for whom I am a parent or legal guardian (my “child”) to participate in any such activities on the location of activities, I, on behalf of myself and on behalf of my child and further including my heirs, agents, assigns, family members, spouse, parents, children, estate and any other persons acting or purporting to act on my or my child’s behalf, do hereby expressly and voluntarily release, remise, discharge, defend and agree to full indemnify Elite Soccer PK and its direct and indirect owners, Christian Marin Diaz officers, directors, managers, coaches, employees, representatives, agents, parents, subsidiaries and other affiliates from any and all liability that may arise, as more specifically described as follows:
RELEASE OF LIABILITY:
I hereby release, remise, acquit, discharge, covenant not to sue, agree to defend, indemnify and hold harmless Elite Soccer PK from any and all liability, claims, demands, actions or causes of action, damages, suits, debts, sums of money, accounts, reckoning, bonds, bills, trespasses, damages, judgements, executions, claims and demands whatsoever in law or in equity, for, upon or by reason of any matter, cause or thing whatsoever, including but not limited to any physical or mental injuries or death suered by me or my child, incidental to, arising out of, or connected with my, or my child’s participation in the activities, including such injuries or death caused by or as a result of Elite Soccer PK negligence.
I agree to comply with the Terms and Conditions of Elite Soccer PK both written and verbal.
ASSUMPTION OF RISK AND RESPONSABILITIES:
Parents are responsible and accountable to be present during sessions at all times, to ensure their child is medical capable and clear from their doctor for physical activity, to have health insurance. I acknowledge that I, and/or my child, am/is freely and voluntarily participating in the activities, which inherently entail both known and unknown risks and that:
(a) such participation may lead to physical injury, mental injury, and/or death, including but not limited to, concussions, heart attacks, musculoskeletal injury, cardio-respiratory injuries, eye injuries, illness, soreness, rash and other diseases, injuries and/or detriments to my or my child’s physical condition; and
(b) that such injuries or death may result from, but not limited to, the activities and/or any type of equipment malfunction, poor lighting, lack of supervision or training, lack of instruction, lack of protective padding, lack of personal protective equipment such as but not limited to shin guards, and/or other safety equipment, slipping or falling on the ground, floor, or training equipment, collision with fixed objects or other persons, jumping, running, stretching, acrobatic maneuvers or stunts, multiple people simultaneously participating in the activities, the physical condition, tness and/or abilities of participants, weather and environmental conditions, actions, omissions, recklessness, negligence on the part of Elite Soccer PK myself and/or my child and any other lack of safety measure. I hereby expressly assume the risk of any such physical or mental injuries, death, medical expenses, or other loss that I, or my child might sustain as the result of participation in any activities. I further state that I have explained the aforementioned risks to my child. I certify that I have adequate health insurance to cover any injury I, or my Child may suer as a result of participation in the activities or that I agree to be personally and solely responsible for all medical costs and expenses arising from any such injury.
I assume The risk to have direct or indirect contact with individuals who have been exposed to and/or diagnosed with one or more communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases, or maladies, and/or any mutation or variation thereof does exist and it is impossible to eliminate the risk that I could become infected through contact with or close proximity to an individual with a communicable disease; I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, 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. If, however, I observe any unusual, signicant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the nearest ocial immediately; and, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS ELITE SOCCER PK, CHRISTIAN MARIN DIAZ, RAW FUTBOL, GREG KAGANOVSKY its ocers, ocials, agents and/or employees, other participants, sponsoring agencies, directors, sponsors, advertisers, Coaches and, if applicable, owners and lessors of the premises used to conduct the event (collectively, the “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
MEDICAL ATTENTION:If Elite Soccer PK cannot reach me in the event of an emergency. I hereby authorize Elite Soccer PK and its agents, employees, and volunteers to consent to medical, surgical, or dental examination and/or treatment on behalf of my child, including but not limited to x-ray examination, anesthesia, injections, and hospitalization as deemed necessary.
PHOTO / VIDEO RELEASE:
On behalf of myself and my child, I hereby grant Elite Soccer PK an irrevocable, royalty free, perpetual and worldwide right to photograph and/or video or closed circuit television (CCTV) and/or audio record me and my child in connection with any activities and to use such photographs and/or recordings and derivatives thereof for any purpose whatsoever in any and all media now known or hereafter devised, including but not limited to social media, advertising, and promotion, except where indicated by law. I agree that I am granting Elite Soccer PK and all its subsidiary companies, the rights herein without being entitled to or seeking any compensation whatsoever. I agree that all photographs and recordings are the exclusive property of Elite Soccer PK and waive any right to approve or object to Elite Soccer PK’s use of any such photograph or recording.
I agree that any dispute or claim arising out of or related to this agreement or the activities, including any dispute arising as a result of any injury incurred as a result of my or my child’s participation in the activities, shall be resolved by arbitration before a single arbitrator selected in accordance with the commercial rules for arbitration of JAMS in eect at the time such arbitration is initiated and subject further to the provisions of the California Arbitration Act. THE PARTIES HEREBY EXPRESSLY WAIVE THEIR RIGHT TO A JURY TRAIL IN ANY SUCH DISPUTE. The question of whether this agreement is arbitrable shall be a question solely for the arbitrator. The hearing shall be conducted in Los Angeles County, CA unless BOTH parties’ consent to an alternate location. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES. The prevailing party to any such arbitration shall be entitled to an award of its reasonable attorney’s fees and costs incurred as a result of its participation in the arbitration.
I specifically and additionally, on behalf of myself, and my minor child, agree to indemnify and hold harmless Elite Soccer PK from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever, paid, incurred and/or suered by Elite Soccer PK, including but not limited to reasonable attorney’s fees, costs, damages and/or judgements incurred as a result of my, or my child causing any injury, damage or harm to Elite Soccer PK or any and all other persons.
I agree to indemnify and compensate Elite Soccer PK for any attorney’s fees and costs incurred in enforcing this agreement and/or as a result of any action or proceeding resulting from my or my child’s participation in the activities.
TERM OF AGREEMENT:
I agree that this document in its entirety shall extend in continuum, never-ending and will remain in full force and eect, each and every time I, and/or my minor child, visit, train, and/or participate in any of the activities of Elite Soccer PK or any of its other facilities or locations, now or in the future.
I agree that if any portion of this agreement is found to be unenforceable, or voidable for any reason, the remaining portions shall stay in full force and effect
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS.
I acknowledge that, by signing it, electronically or in person, I have voluntarily given up substantial rights, including but not limited to any right to file a lawsuit against Elite Soccer PK, or Christian Marin Diaz, I have assumed substantial risk. I intend this agreement to be a complete and unconditional release of Elite Soccer PK to the fullest extent of the law. I have had reasonable and sucient time to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
READ ENTIRE DOCUMENT BEFORE ELECTRONIC SIGNING OR SELECTING THE PROMPT FORWARD IN AGREEMENT
Below must be acknowledged by client or a parent/legal guardian of any participant under 18 years of age.
By prompting forward, I agree that all terms of this waiver are binding with regard to me, my child/children listed above or by me, the guest/client/participant in question and that with regard to the child/children listed above, I have full legal authority as parent or legal guardian to bind the child/participant to this agreement. As stated in greater detail above, I agree that if the child-participate is a minor, as determined by the California State law, this Release of Liability and Assumption of Risk Agreement is made on behalf of that minor participant and the releases, waivers and promises herein are binding on the minor participant and that I have full authority as parent or legal guardian to bind the minor participant to this agreement without limitation.