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, 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 suffered 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.

ELIGIBILITY: I agree to comply with the Terms and Conditions of Elite Soccer PK both written and verbal.

ASSUMPTION OF RISK: 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, fitness 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 suffer 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.

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 it’s 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.

ARBITRATION: 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 effect 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.

INDEMNIFICATION: 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 suffered 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.

ATTORNEY’S FEES: 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 effect, 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.

SEVERABILITY: 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 its dba Elite Soccer Personal Training, 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 sufficient 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 ELECTONIC 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.

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, 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 suffered 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.

ELIGIBILITY: I agree to comply with the Terms and Conditions of Elite Soccer PK both written and verbal.

ASSUMPTION OF RISK: 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, fitness 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 suffer 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.

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 it’s 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.

ARBITRATION: 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 effect 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.

INDEMNIFICATION: 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 suffered 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.

ATTORNEY’S FEES: 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 effect, 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.

SEVERABILITY: 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 its dba Elite Soccer Personal Training, 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 sufficient 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 ELECTONIC 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.

Terms and Conditions

CODES OF CONDUCT

In order to ensure that the principles of sportsmanship, fair play, and mutual respect among players, coaches, officials, and spectators characterize all competition sponsored by Elite Soccer PK, the following Code of Conduct has been established. It is the obligation of all program administrators, coaches, parents, and players to create an environment that promotes this objective. Those who willfully violate this code jeopardize their participation in the Elite Soccer PK soccer program. Players Every player is expected to:

1. Know and respect the rules of soccer and Elite Soccer PK and abide by them at all times.
2. Show respect and courtesy to officials and coaches by following their instructions and directions.
3. Respect the game officials and refrain from addressing them or commenting on their decisions during or after the game.
4. Maintain control of his/her emotions, avoiding the use of abusive or profane language, taunting, bullying, humiliating remarks, and/or gestures and physical assault upon another player at any time.
5. Respect the coaches and players of the opposing team and display sportsmanship at the conclusion of a game and be humble and generous in victory and proud and courteous in defeat.
6. Follow all Elite Soccer PK rules, respecting at all times the property of others. Remember that soccer is a game and treat players and coaches on other teams as opponents, not enemies.

Parents and Spectators The parents’ role is one of support to the players and coaches. Parents should not engage in “coaching” from the sidelines, criticizing players, coaches or game officials, or trying to influence the makeup of the team at any time. Every parent and spectator are expected to:

1. Learn and respect the rules of soccer and the rules of the Elite Soccer PK.
2. Show respect and courtesy to game officials, coaches and players at all times.
3. Respect the game officials and refrain from questioning their decisions or from addressing them in a loud, disrespectful or abusive manner.
4. Cheer for your child’s team in a positive manner, refraining at all times from making negative or abusive remarks about the opposing team. Maintain control of your emotions and avoid actions, language and/or gestures that may be interpreted as hostile and humiliating.
5. Ensure that your child is at all games and practices at the required time or provide the coach with an appropriate excuse beforehand.
6. Do not leave your child alone at practices. If you cannot stay at a practice, permission must be given by the coach to leave your child there only during scheduled practice times. You must be on time to pick your child up after practice. Failure to do so will result in an extra fee or even your child being released from the program with no refunds.
7. Demonstrate appropriate gestures of sportsmanship at the conclusion of a game, win or lose.
8. Teach and practice good sportsmanship and fair play by personally demonstrating commitment to these virtues.
9. Promote the concept that soccer is merely a game, and that players and coaches on other teams are opponents, not enemies.

I have read, understood and agree to abide by the Codes of Conduct as indicated above.

PAYMENT

I represent and warrant that if I am purchasing something or paying for a service from this facility or from other merchants through this facility that (i) any credit card or bank account draft (ACH Draft) information I supply is true and complete, (ii) charges incurred by me will be honored by my credit card company or financial institution, and (iii) I will pay the charges incurred by me at the posted prices, including any applicable taxes, fees, and penalties. I hereby authorize (if online payment is made or auto-pay information is provided) this facility to charge my ACH draft, or credit card account. I understand that I am responsible for payment whether or not my child/student attends training sessions and/or games. I understand that there will be no refunds. Should I dispute a charge through my financial institution this will constitute a breach of contract possibly resulting in, but not limited to, penalties, additional fees, collection, legal action, and/or termination of the child/student from the program and/or all future services. 1 on 1 Privates sessions: Once you become a client and purchase a package, you will receive a “Practice Reminder” text message for our records from Coach Christian the day of practice that you will have to confirm. Is your responsibility to text Coach Christian back if any day you can't make it and would like to reschedule or cancel a practice. You have to let us know 72 hours in advance so you do not lose that session (see Cancelation Policy for more info). Except the first one, every package must be renewal the last day of the current package (by session 4 of 4). If you decide not to renew the package for any reason, you must let us know at least 2 practices in advanced (by session 3 of 4, so we have time to schedule another client to fill the spot). I understand (the client) that Payment for this program must be done in full and in advanced and there will be no refunds.   Clinics, Camps and Team Practices: I understand (the client) that any Clinics, Camps, Team Practices/Clinics or any organized group program or activity held or run by Elite Soccer PK that I am enrolled, that I am responsible for payment whether or not my child/student attends training sessions and/or games. I understand that Payment for these programs must be done in full and in advanced and there will be no refunds.  

CANCELATION  POLICY

1 on 1 Privates sessions: We understand things can happen and we are open to reschedule any booked sessions for any unexpected emergency within an 8 weeks gap. Heavy rain and extreme will cancel the practice unless the client wish to practice (light rain or under 110 degrees whether are not reasons for cancelation in the SFV). However, cancelation must be done:

1. At least 72 hours in advanced in order for us to reschedule it using the same credit.
2. If canceled before 48 hours prior practice a $40 FEE will be applied.
3. Please note that the FULL AMOUNT will be charged for cancelations within 24 hours prior practice (No Exceptions).* If wish not to continue with practices, Coach Christian must be informed before session 3 of 4 (so we have time to find another kid to fill the spot)

  Clinics, Camps and Team Practices: I understand (the client) that any Clinics, Camps, Team Practices/Clinics or any organized group program or activity held or run by Elite Soccer PK that I am enrolled, that I am responsible for payment whether or not my child/student attends training sessions and/or games. I understand that Payment for these programs must be done in full and in advanced and there will be no refunds.