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RELEASE OF LIABILITY AND WAIVER OF CLAIMS
For the consideration of participation in the Volitude Sports (Volitude Inc.), including all related leagues, tournaments, events, and activities (hereinafter the "Volitude"), I , the undersigned, for myself, my heirs, executors, successors, and administrators (hereinafter "Member"), hereby agree that Member will not make a claim against, sue, attack the property of, or prosecute the Volitude, including, but not limited to it's agents, subcontractors, employees, directors, officers, and affiliates (hereinafter "Releasees").
Member understands that sports involve physical contact between players, that serious accidents occasionally occur during such sporting activities, and that participants in such sporting activities occasionally sustain serious personal injuries and/or property damage. As a consequence thereof, knowing the risk of participation, Member hereby agrees to assume all such risks, both known and unknown, even if arising from the negligence of the Releasees and to assume full responsibility for Member's participation in the Volitude.
Member hereby fully releases and discharges the Releasees from any and all present or future claims and demands of whatever nature or in any way growing out of personal injuries, property damage, or other loss resulting from participation in the Volitude or any other group or organization affiliated with Volitude. Member acknowledges that the Releasees are not responsible for the condition of any playing field and or equipment and releases and waives all claims against the Releasees for any injury, damage, or loss that may arise there from.
Member's signature below certifies that Member understands, consents, and agrees to release, indemnify, and hold harmless the Releasees from any and all liabilities incident to Member's participating in the Volitude, even if arising from the negligence of the Volitude or other participants in the Volitude. Member agrees that it is Member's personal responsibility to adhere to all rules and regulations and accept them as a participant in the Volitude. Member's signature further certifies that to the best of Member's knowledge and belief, Member has no physical or mental restriction that would prohibit participation in the Volitude.
Member hereby gives consent to the photographing and video of Member and to the recording of Member's voice. Volitude is hereby authorized to use or cause to be used said still photographs or motion picture footage, recordings of Member's voice and name for advertising, publicity, commercial or other business purposes. Said photographs, video, and/or recordings may be used singularly or in conjunction with other photographs, video, and/or recordings.
Volitude has Member's authorization and Member gives the absolute right and permission to use, reproduce, or cause to be reproduced and used any such photographs, video, and voice recordings for any purpose. Member understands that the photographs, video, and voice recordings may be used in a publication, print ad, direct-mail piece, electronic media (e.9. video, CD-ROM, DVD, Internet, World Wide Web), or other form of promotion. The same may be exhibited in all domestic and foreign markets. Member understands that others may use and/or reproduce said photographs and/or recordings with or without Volitude 's consent.
Member hereby releases Volitude, the photographer, their offices, employees, and designees, and any of Volitude associated, affiliated, client, or contract companies, their directors, officers, agents, employees, customers and Volitude appointed advertising agencies, officers, directors, agents and employees, from all claims of any kind on account of such use, including but not limited to liability from any violation of personal or property right Member may have in connection of such use.
Participant Requirements & Waiver and Release of Liability Assumption of Risk Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact, including individuals without disease symptoms. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited or limited the congregation of groups of people.
VOLUNTARY PARTICIPATION: I, the undersigned, acknowledge that I have voluntarily enrolled my child, (herein after referred to as “the Player”) to participate in an athletic event in the sport of volleyball run by Volitiude (or the “Club”).
EXISTING RELEASE FORM VALIDITY: I acknowledge that previously signed Release of Liability and Waiver forms signed on my behalf and on behalf of the Player continue to hold their full force and effect. This Waiver and Release is specific to Covid-19 and its risks.
AGREEMENT TO ABIDE: All participants in sponsored activities at Artesia High School must agree to and abide by a set of specific conditions. I, the undersigned, and the Player acknowledge and agree to abide by conditions including, but not limited to the following:
- Participants must use hand sanitizer prior to gym entry and throughout. - No personal items in the gym except keys and water bottle. - Participants must wait outside the gym prior to the start of their event. - Bathrooms are off limits unless in an emergency. - Participants will assist in cleaning spaces personally utilized during event. - Parents are required to wear masks while in the gym. - Participants must submit to temperature testing prior to participation. Any temperature over 100 degrees will disallow participation.
The player has put in place numerous preventative measures and enhanced cleaning protocols to reduce the likelihood of spreading Covid-19 in our environment; however, the Club cannot guarantee that you, the Player, your other children, if applicable, or additional family members will not become infected with COVID-19. Further, attending sponsored activities at the Club could increase your risk and the risk of additional family members around you in contracting COVID-19. Participation conditions are subject to change.
COVID-19 CONTAGIOUS NATURE: I acknowledge the contagious nature of COVID-19 and voluntarily agree to the terms described above and assume the risk that the Player, my children, my family members, and I (hereafter my “Family”) may be exposed to or infected by COVID-19 by our participation and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
ASSUMPTION OF COVID-19 RISK: I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, the Player, and my Family (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or the Player or my Family may experience or incur in connection with my Player’s attendance at the Club or participation in Club programming (“Claims”).
REPORTING OF GOOD HEALTH: I warrant and represent that myself, the Player, and my Family are in good health and have no symptoms of sickness or illness, either which have been linked to or have not been linked to COVID-19, and that myself, the Player, and my Family are not aware of any exposure to other individuals who are confirmed or suspected to have COVID-19, have COVID-19 symptoms, or are awaiting test results for COVID-19. I acknowledge and agree to report any change in the good health status of myself, the Player, or my Family and that such reporting will terminate the ability of the Player to participate until the health status of myself, the Players, and my Family is determined again to be good.
HOLD HARMLESS: On my behalf, and on behalf of the Player and my Family, I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read this Agreement and fully understand its contents. I am aware that this is a release of liability between me, Volitude and/or its employees, volunteers, agents or contractors, any of its affiliate organizations, and any other contracted facilities it uses, and I acknowledge its contents and agree to the terms, conditions, and contents fully of my own free will.