In consideration of being allowed to use the facilities and participate in any way in the sports, recreation, art, photography or other activities or events (the “Activities”), or to observe same, of Solid Foundation Youth Outreach, Inc. (“Solid Foundation”) and any partner organization (each, a “Partner”), Participant (named below), and Participant’s parent(s) or legal guardian(s) (named below) if Participant is under 18 years of age, do hereby agree (for themselves and on behalf of their heirs, assigns, personal representatives and next of kin) to the fullest extent permitted by law, as follows: a) TO WAIVE ALL CLAIMS that they have or may have against Solid Foundation and/or the Partners, and/or their respective owners, administrators, officers, directors, officials, affiliates, volunteers, staff members, employees, agents and if applicable, owners or lessors of premises on which the Activities take place (each, a “Releasee” and collectively, the “Releasees”), arising out of the inherent risks of participating in or observing the Activities and/or use of the Solid Foundation’s or a Partner’s equipment (“Equipment”) (it being understood that such inherent risks include by way of example and not limitation falling or loss of balance; striking unpadded surfaces; being injured by Equipment; being injured by the actions or inactions of other participants and bystanders; collisions with other participants; falls due to slick or uneven surfaces; exposure to communicable disease, including but not limited to, coronavirus/COVID-19; physical injury or illness as a result of physical activity or being on the premises where the Activities take place, which could result in SERIOUS BODILY INJURY, INCLUDING permanent DISABILITY, paralysis AND death); I Agree and,
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN OR OBSERVING THE ACTIVITIES AND USING THE EQUIPMENT; I Agree and,
c) TO RELEASE the Releasees, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that Participant (or if applicable his/her parent(s) or legal guardian(s)) may suffer, arising out of the inherent risks of participating in or observing the Activities and/or use of the Equipment; I Agree and
d) TO INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from and against any litigation expenses, attorneys’ fees, losses, liabilities, damages, or costs a Releasee may incur if anyone makes a claim against any of the Releasees based upon Participant’s participation in or observance of the Activities and/or use of the Equipment. I Agree Photography/Video Release Participant (and if applicable his/her parent(s) or legal guardian(s) on Participant’s behalf) hereby grants to the Solid Foundation, its employees, volunteers, staff members and agents the right to take photographs/videos of Participant in connection with Participant’s participation in or observance of the Activities. Participant (and if applicable his/her parent(s) or legal guardian(s) on Participant’s behalf) hereby authorizes Solid Foundation to copyright, use, and publish the same in print and/or electronically and hereby agrees that Solid Foundation may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content. Personal Responsibility Participant (and if applicable his/her parent(s) or legal guardian(s)) certifies that Participant is in good health and has no physical or mental condition that precludes him/her from participating in or observing the Activities or using the Equipment and that he/she is not participating against medical advice. Participant (and if applicable his/her parent(s) or legal guardian(s)) understands that Participant’s participation in or observance of the Activities and use of the Equipment is voluntary and further understands that they have the opportunity to inspect the Equipment and facilities before any participation, observance or use. Participant (and if applicable his/her parent(s) or legal guardian(s)) understands that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and good judgment and by being aware of his/her surroundings. If, while participating in or observing the Activities and/or using the Equipment, Participant (or if applicable his/her parent(s) or legal guardian(s)) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant (and/or if applicable his/her parent(s) or legal guardian(s)) will remove Participant from participation in or observance of the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of Solid Foundation. Binding Arbitration Participant (and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor), hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Assumption of Risk, Release of Liability, Waiver of Claims, Indemnity & Binding Arbitration Agreement, (b) Participant's participation in or observance of the Activities or use of the Equipment, and/or (3) any other interaction between the Participant and Solid Foundation or any Partner, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the award may be entered in any court having jurisdiction over the parties and controversy. Participant (and if applicable Participant’s parent(s) or legal guardian(s)), and Solid Foundation specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT (and if applicable Participant’s parent(s) or legal guardian(s)): By signing this Agreement, you are giving up your right to commence litigation against Solid Foundation and any Releasee in a court of law, and you are giving up your right to a trial by jury. Coronavirus / COVID-19 Warning & Disclaimer The novel Coronavirus, COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in or observing the Activities or using the Equipment could increase the risk of contracting COVID-19. Neither Solid Foundation nor any Partner in any way warrants that COVID-19 infection will not occur through participating in or observing of the Activities, or using the Equipment. PARTICIPANT (AND if applicable Participant’s parent(s) or legal guardian(s)) UNDERSTANDS AND VOLUNTARILY ACCEPTS AND ASSUMES SOLE RESPONSIBILTY FOR ALL of the foregoing risks related to COVID-19. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UN- DERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. |