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Participant Waiver
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BE LIMITLESS FUTBOL SCHOOL, LLC and NON-PROFIT FOUNDATION (hereinafter referred to as "BLFS") is a soccer technique school with the purpose of training, and development of athletes that provides a wide variety of services and activities for participants of all ages. Some of the activities offered include, without limitation, instruction, leagues, tournaments, facility rental for team and individual sports, fitness activities, parent/child classes, summer camps, team building events. Courts, fields and facilities are also available for team or group rental. Some of the many benefits of BLFS Activities/Style include improved fitness, opportunity to compete and excel, improved self confidence, better health, increased sense of belonging, wholesome recreation, social interaction, improved self image, weight loss, and improved appearance. The physical exertion required ranges from mild to very strenuous, depending on the activity and the motivation of the participant; the skill level required ranges from beginner to highly advanced, depending on the activity and competition; and the competitiveness of the activity ranges from moderate to highly competitive. Therefore, the individual participant is able to select Style that fit his or her needs, abilities, and interests. While the many benefits of these Activities/Styles of soccer are apparent, BLFS and its staff regard participant safety as a top priority and feel it is important that the Participant/Parent [either an adult Participant OR a minor Participant and his/her parent(s)/guardian(s)] understand that there are risks inherent in all physical activity. BLFS takes great care to reduce the risks associated with the many physical activities offered at training locations. However, regardless of the care taken to avoid injuries, some risks are inherent in any physical activity and cannot be totally eliminated without changing the nature of the activity. A few examples of the many inherent risks include, but are not limited to, heat-related illness; over-exertion; imperfect playing surfaces; failure to adhere to posted rules or warnings (Note: coaches or supervisors may be present for certain activities, but the Participant/Parent should have no expectation of supervision over an area or activity unless expressly specified otherwise); collisions with objects or co-participants; falls to the playing surface; unexpected equipment failure or malfunction (e.g., obstacles, fitness equipment, pitching machines, etc.); careless or erratic acts by co-participants; errors in judgment/supervision of supervisors, other employees, or officials; and being struck by an object (e.g., ball, puck, bat, stick, etc.). There are also inherent risks that are specific to a sport or activity – such as being kicked by a co-participant in soccer; being hit by a ball in basketball or volleyball. There are even inherent risks in being a spectator of a sport (e.g., being hit by a ball or participant, falling down stairs, etc.) or in non-sports Activities (i.e., camps, or team-building activities) and injuries can occur due to the enthusiasm of participants, reckless conduct, or failure to follow posted rules. The undersigned acknowledges that the Participant should be evaluated by his/her physician prior to participating in the Activities.
BLFS believes that it is important that the Participant/Parent understand that these types of injuries can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, sprains/strains, abrasions, and bruises. Serious injuries are less common, but do occur occasionally. They include, but are not limited to, broken bones, concussions, torn ligaments or cartilage, eye injuries, cuts, and internal injuries. Catastrophic injuries are very rare, but BLFS believes that every Participant/Parent should be aware of the slight possibility. Catastrophic injuries may include permanent disability and/or disfigurement, brain injury, paralysis and even death. The undersigned Participant/Parent warrants and represents that he/she possesses the authority to execute this Waiver of Liability/Release of Claims on behalf of the above-named Participant. Participant/Parent acknowledges that Participant will be participating in and/or attending sporting and recreational activities ("Activities/Styles") while on the premises of training location/facility controlled and operated by BLFS.
ASSUMPTION OF RISKS: I, the undersigned Participant/Parent, understand that all Activities/Styles at BLFS inherently involve the risk of bodily injury, including death, regardless of the care taken by BLFS. By signing this waiver, Participant/Parent acknowledges that he/she has read and understood this Waiver of Liability and Release of Claims and that he/she knows, understands, and appreciates the risks and types of injuries inherent in the Activities. The Participant/Parent hereby acknowledges that participation in the Activities is voluntary and he/she knowingly assumes all inherent risks of the Activities, today and on all future dates. WAIVER OF LIABILITY FOR CONDUCT OF BLFS: In consideration of permission to use the property, facilities, equipment, and services of BLFS, today and on all future dates, I, the Participant/Parent, on behalf of myself, my spouse, heirs, executors, administrators, personal or legal representatives, and assigns (hereinafter collectively referred to as the "Releasing Parties") do hereby waive, release, discharge and covenant not to sue BLFS (including BE LIMITLESS FUTBOL SCHOOL, LLC, all owners, officers, directors, members, and partners. Employees, agents, volunteers, parent companies, subsidiaries, affiliates, representatives, independent contractors, and equipment suppliers thereof; hereinafter collectively referred to as the "Releasees") from liability for any and all claims, demands, actions, losses, damages, injuries, or liabilities of any kind or nature, to the fullest extent allowed under the law, which are sustained, suffered or incurred by the Participant as a result of his/her participation in the Activities or attendance at the Activities. I, the Participant/Parent, on behalf of the Releasing Parties, further expressly assume all risks associated with participation in or attendance at the Activities.
This Waiver of Liability & Release of Claims applies to: (1) personal injury (including death) from incidents or illnesses arising from participation in BLFS Activities/Styles including, but not limited to, recreational, practice, or competitive Activities; events; organized or individual training and conditioning Activities; individual or group instruction; as an observer or spectator; and individual use of all facilities or equipment. This applies to all facilities, fields, equipment, and all other premises including the associated sidewalks and parking lots and to (2) any and all claims resulting from damage to, loss of, or theft of property. INDEMNIFICATION: I, the undersigned Participant/Parent acknowledge and agree that I shall be solely liable for any and all injuries or damages of any kind or nature, sustained, suffered or incurred by any other participant or other person as a result of the Participant's participation in and/or attendance at the Activities or the Participant's conduct or actions before, during, and after the Activities, whether intentional or otherwise, or whether resulting in part from the negligence of any Releasee or, to the extent permitted by law, any other acts of any Releasee. I, on behalf of myself and all other Releasing Parties, agree to and shall indemnify, defend, reimburse and hold harmless all Releasees from and against any and all claims, damages, liabilities, injuries, losses, costs, expenses (including reasonable attorney's fees and costs), actions and causes of action (including, without limitation, personal injuries and property damage) suffered or incurred by Releasees or others as a result or arising out of or in connection with Participant's participation in and/or attendance at the Activities and/or Participant's conduct or actions before, during, and after the Activities, including the negligence of Releasees, whether active or passive, except if such claims, damages, liabilities, injuries, losses, costs, expenses, actions and causes of action are ultimately found to have been caused by the Releasees' sole negligence or willful misconduct.
RIGHT OF PUBLICITY/PRIVACY: Participant/Parent acknowledges and understands that photography and/or audio-visual recording of BLFS Activities can and does occur and, in consideration for the use of BLFS’s facilities and participation in and/or attendance at the Activities, Participant/Parent hereby unconditionally and irrevocably agrees to allow BLFS to photograph and/or record Participant and/or Parent and to use any such photographs or recordings or Participant/Parent's name, likeness, voice, or other personal characteristics in any print, internet, radio television, billboard, social media, or multimedia advertising or marketing or for any commercially reasonable use whatsoever. Participant/Parent, on behalf of himself/herself and all Releasing Parties, hereby releases the Releasees from any and all claims and demands that may arise out of or in connection with the use of the photographs, recordings, or Participant/Parent's name, likeness, voice, or other personal characteristics, including without limitation any and all claims for libel or violation of any right of publicity or privacy.
REPORTING OF HARASSMENT, ABUSE & NEGLECT: Participant/Parent further agrees that upon observing or experiencing any harassment, abuse, or neglect, whether it be physical, sexual, emotional, or psychological in nature, he/she shall immediately report such harassment, abuse, or neglect: (1) to the BLFS supervisor on duty or, (2) if such supervisor participated or was involved in the harassment, abuse, or, neglect, to BLFS Director, whose contact information is posted and/or is available at the School website.
ACKNOWLEDGMENTS TO PROMOTE PARTICIPANT SAFETY: These affirmations aid BLFS in providing for participant health and safety. Health Status. The Participant/Parent affirms that the Participant:
Possesses no health problems or physical disabilities that would make participation unwise, or risk injury.
Will cease activity and inform BLFS of any health problem that arises during participation. Possesses sufficient skills, coordination, and physical fitness to safely participate. Medical Care. The Participant/Parent affirms that he or she:
Authorizes BLFS to secure emergency medical care & transport if deemed necessary; BLFS does not staff medical personnel.
Agrees to assume all cost of the care and transportation listed above. Rules and Safety. The Participant/Parent affirms that he or she agrees: To report all injuries (even minor injuries) so that BLFS may make a record of the injury. To wear all recommended safety gear during participation. LEGAL:10501-0001/5240748.1
To follow all rules of the Activities at BLFS.
To inform BLFS of any conduct or condition that creates a hazard for participants or others – and will immediately discontinue further participation in Activities until the hazardous conduct or condition is remedied or abated and no longer presents a hazard.
That BLFS has authority to halt my participation if it endangers the Participant or others.
I, the PARTICIPANT/PARENT agree to the statements below. 1) This agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and BLFS and that it cannot be modified or changed in any way by representations or statements by any agent or employee of BLFS. 2) The foregoing Waiver of Liability and Release of Claims Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding.
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate in training programming, (collectively “Training Activities”) related to the Be Limitless Futbol School (BLFS) and affiliate members (“RELEASEES”), the undersigned acknowledges, appreciates, and agrees that:
• Participation in Training Activities inherently includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular safety procedures and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
• I KNOWINGLY AND FREELY ASSUME ALL SUCH INHERENT RISKS, both known and unknown, EVEN IF ARISING FROM THE ACTIVE OR PASSIVE 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 in such Training Activities as regards to protection against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
• I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Releasees their officers, directors, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the Sanctioned Activities , WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby agree to defend and indemnify RELEASEES for all such claims, causes of actions, allegations or matters arising out of, relating to, based upon or in any way connected to my participation in such Training Activities.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR BLFS PARTICIPANTS OF UNDER AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)
This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I, for myself, my spouse, and child/ward, do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.
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