Comprehensive Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement
TABLE OF CONTENTS- Introduction and Identification of Parties
- Acknowledgment of Inherent Risks
- ASSUMPTION OF RISK
- RELEASE AND WAIVER OF LIABILITY
- Covenant Not to Sue
- Indemnification and Hold Harmless Agreement
- Medical Treatment Authorization and Emergency Care
- Insurance and Financial Responsibility
- Participant Conduct and Rules Compliance
- Facility Use, Property Damage, and Equipment
- Photo, Video, and Media Release
- Transportation and Third-Party Activities
- Weather, Environmental, and Facility Conditions
- Cancellation, Refund, and Program Changes
- Facility and Field Rentals
- Force Majeure
- Severability
- Governing Law and Venue
- Binding Effect, Chargebacks, and Acknowledgment of Understanding
- Parent or Legal Guardian Consent (For Minors)
1. INTRODUCTION AND IDENTIFICATION OF PARTIESThis Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement ("Agreement") is entered into by the undersigned participant, or the parent/legal guardian of a minor participant ("Participant"), in favor of uScore Soccer, its owners, directors, officers, employees, contractors, volunteers, agents, affiliates, sponsors, landlords, and facility operators (collectively, "uScore Soccer"). This Agreement applies to all programs, activities, events, leagues, camps, clinics, tournaments, practices, training sessions, facility rentals, and any other services or activities provided, organized, hosted, or sanctioned by uScore Soccer (collectively, the "Activities"). 2. ACKNOWLEDGMENT OF INHERENT RISKSParticipant understands and acknowledges that participation in indoor and outdoor soccer and sports-related activities involves inherent and significant risks, regardless of whether Activities take place at facilities owned by uScore Soccer or at third-party or rented locations. Participant understands and acknowledges that participation in youth soccer and sports-related activities involves inherent and significant risks, including but not limited to: - Physical contact with other participants
- Slips, falls, collisions, and impacts
- Use of sports equipment and facilities
- Weather-related conditions
- Actions or inactions of other participants, spectators, or staff
- Facility conditions, including turf, goals, lighting, fencing, and common areas
Participant acknowledges that these risks may result in serious injury, permanent disability, paralysis, illness, communicable disease, or death, including but not limited to concussions, head injuries, cardiac events, heat-related illness, and orthopedic injuries. 3. ASSUMPTION OF RISKPARTICIPANT KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUMES ALL RISKS associated with participation in the Activities, whether occurring indoors or outdoors, on facilities owned, operated, leased, or rented by uScore Soccer, WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, including those arising from the ORDINARY NEGLIGENCE of uScore Soccer, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW. Participant knowingly, voluntarily, and expressly assumes all risks associated with participation in the Activities, whether occurring indoors or outdoors, on owned or rented premises, whether known or unknown, foreseeable or unforeseeable, including those arising from the ordinary negligence of uScore Soccer, to the fullest extent permitted by Texas law. Participant knowingly, voluntarily, and expressly assumes all risks associated with participation in the Activities, whether known or unknown, foreseeable or unforeseeable, including those arising from the negligence of uScore Soccer to the fullest extent permitted by law. 4. RELEASE AND WAIVER OF LIABILITYPARTICIPANT HEREBY RELEASES, WAIVES, AND FOREVER DISCHARGES uScore Soccer from ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, OR EXPENSES arising out of or related to participation in the Activities, WHETHER OCCURRING AT FACILITIES OWNED, OPERATED, LEASED, OR RENTED BY uScore Soccer, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF uScore Soccer, TO THE MAXIMUM EXTENT ALLOWED UNDER TEXAS LAW. Participant hereby releases, waives, and forever discharges uScore Soccer from any and all claims, demands, causes of action, damages, losses, costs, or expenses arising out of or related to participation in the Activities, whether occurring at facilities owned, operated, leased, or rented by uScore Soccer, including claims arising from the ordinary negligence of uScore Soccer, to the maximum extent allowed under applicable law. Participant hereby releases, waives, and forever discharges uScore Soccer from any and all claims, demands, causes of action, damages, losses, costs, or expenses arising out of or related to participation in the Activities, including but not limited to: - Personal injury, illness, or death
- Property damage or loss
- Emotional distress
- Economic or financial loss
This release applies to claims based on negligence, premises liability, equipment failure, supervision, instruction, or emergency response, to the maximum extent allowed under applicable law. 5. COVENANT NOT TO SUEParticipant agrees not to institute any lawsuit, claim, or legal proceeding against uScore Soccer related to any injury, loss, or damage arising from participation in the Activities. 6. INDEMNIFICATION AND HOLD HARMLESS AGREEMENTParticipant agrees to indemnify, defend, and hold harmless uScore Soccer from any claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from: - Participant’s actions or omissions
- Breach of this Agreement
- Damage to facilities or equipment
- Claims brought by third parties related to Participant’s conduct
7. MEDICAL TREATMENT AUTHORIZATION AND EMERGENCY CAREParticipant authorizes uScore Soccer to obtain emergency medical treatment if deemed necessary, including emergency transportation. Participant understands that uScore Soccer does not assume responsibility for medical expenses incurred and that return-to-play decisions following injury or concussion are solely the responsibility of the Participant and/or parent or guardian. Participant authorizes uScore Soccer to obtain emergency medical treatment if deemed necessary. Participant understands that uScore Soccer does not assume responsibility for medical expenses incurred. Participant certifies that the Participant is physically able to participate and has no medical conditions that would prevent safe participation, except as disclosed in writing. 8. INSURANCE AND FINANCIAL RESPONSIBILITYParticipant understands that uScore Soccer does not provide medical, accident, or health insurance coverage for participants. Participant is solely responsible for any medical costs, insurance claims, deductibles, or uncovered expenses. 9. PARTICIPANT CONDUCT AND RULES COMPLIANCEParticipant agrees to comply with all rules, policies, codes of conduct, and instructions provided by uScore Soccer staff. uScore Soccer reserves the right to remove any participant or spectator for unsafe, disruptive, or inappropriate behavior without refund. 10. FACILITY USE, PROPERTY DAMAGE, AND EQUIPMENTParticipant agrees to be financially responsible for any damage caused to facilities, fields, equipment, or property due to negligent, reckless, or intentional acts by the Participant or accompanying family members or guests. 11. PHOTO, VIDEO, AND MEDIA RELEASEParticipant grants uScore Soccer permission to use photographs, videos, and recordings of the Participant for promotional, educational, safety, or marketing purposes without compensation, whether captured at indoor facilities, outdoor fields, or rented locations. Participant grants uScore Soccer permission to use photographs, videos, and recordings of the Participant for promotional, educational, or marketing purposes without compensation. 12. TRANSPORTATION AND THIRD-PARTY ACTIVITIESParticipant acknowledges that uScore Soccer is not responsible for transportation to or from Activities or for activities conducted at third-party or rented facilities, or by referees, trainers, medical providers, or other independent contractors not under the direct control of uScore Soccer. Participant acknowledges that uScore Soccer is not responsible for transportation to or from Activities or for activities conducted by third-party vendors, referees, or facilities. 13. WEATHER, ENVIRONMENTAL, AND FACILITY CONDITIONSParticipant acknowledges risks related to weather, heat, cold, lightning, air quality, field conditions, indoor surfaces, turf systems, boards, walls, goals, netting, lighting, and surrounding structures. These risks apply equally to facilities owned by uScore Soccer and to rented or third-party locations. uScore Soccer reserves the right to modify or cancel Activities due to safety concerns. Participant acknowledges risks related to weather, heat, cold, lightning, and environmental conditions. uScore Soccer reserves the right to modify or cancel Activities due to safety concerns. 14. CANCELLATION, REFUND, AND PROGRAM CHANGESParticipant acknowledges and agrees that all program fees, registration fees, and related charges are financial obligations of the Participant and/or parent or legal guardian. All refunds, if any, are issued solely at the discretion of uScore Soccer management. Participation withdrawal, non-attendance, dismissal for conduct, injury, scheduling conflicts, dissatisfaction with coaching, facilities, teammates, referees, or competition level do not guarantee a refund. Once a Participant has been registered for any program, league, camp, clinic, tournament, or event, refunds are not guaranteed under any circumstance. Activities may be delayed, modified, relocated, shortened, rescheduled, or cancelled due to weather conditions, field conditions, heat, lightning, air quality, or other safety-related concerns. Weather-related disruptions or cancellations do not entitle the Participant to a refund, credit, or make-up session unless expressly determined by uScore Soccer management at its sole discretion. Any approved refund is subject to a non-refundable transaction and administrative fee equal to five percent (5%) of the total program cost, which shall be deducted from the refunded amount. Processing fees charged by third-party registration or payment platforms may also be non-refundable. uScore Soccer reserves the right to modify schedules, locations, staffing, formats, or program details and such changes do not entitle the Participant to a refund. 15. FACILITY AND FIELD RENTALSThis section applies to all facility and field rentals conducted at indoor or outdoor facilities owned, operated, leased, or rented by uScore Soccer. For purposes of this Section, the User, Responsible Individual, Organization, Participant, and Parent or Legal Guardian SHALL BE JOINTLY AND SEVERALLY LIABLE for all obligations, damages, fees, and compliance requirements. a. Rental Parties and ScopeThis Facility Rental Agreement is entered into between uScore Soccer and the individual, organization, team, or entity reserving the facility (the “User”), including all User Participants. b. Electronic Signature and RecordsElectronic execution constitutes legal acceptance. Paper copies are available upon written request at no cost. c. Financial Responsibility for Damage and ChargesThe User assumes FULL FINANCIAL RESPONSIBILITY for all damage, misuse, cleaning, excessive wear, or destruction of property caused by User Participants. uScore Soccer is authorized to charge the credit card on file up to $250, which DOES NOT LIMIT the User’s total liability for damages. d. Deposits, Payments, and TransfersA 50% NON-REFUNDABLE DEPOSIT is required to secure a rental. The remaining balance is due prior to use. A $20 transfer fee applies. Notwithstanding Section 14, ALL RENTAL DEPOSITS ARE NON-REFUNDABLE unless expressly stated in writing by uScore Soccer. e. Eligibility and WaiversAll participants must have a signed uScore Soccer waiver. The Responsible Individual assumes liability for any participant without a signed waiver. f. Conduct, Rules, and CleanupViolations may result in immediate removal without refund. A $50 cleaning fee applies if areas are not left in good order. Prohibited conduct and equipment restrictions apply at all times. g. Rules, Risk, and Acceptance of ConditionsBy participating, the User affirms inspection and acceptance of all facilities and ASSUMES ALL RISK of injury, illness, dismemberment, or death. h. Field Capacity LimitsCapacity limits shall not be exceeded: - Big Field (7v7): 24 participants
- Medium Field (5v5): 20 participants
- Small Field (4v4): 16 participants
i. Rental-Specific IndemnificationThe User shall DEFEND, INDEMNIFY, AND HOLD HARMLESS uScore Soccer and Baker United Sports, LLC from claims arising from the acts or omissions of the User or User Participants, to the extent permitted by Texas law. 16. FORCE MAJEUREuScore Soccer shall not be liable for delays, cancellations, or disruptions caused by events beyond its reasonable control, including but not limited to acts of God, weather events, lightning, extreme heat, air quality issues, natural disasters, governmental actions, public health emergencies, pandemics, labor disputes, utility failures, or facility closures. Such events do not entitle the Participant to a refund unless expressly approved by uScore Soccer management. uScore Soccer shall not be liable for delays, cancellations, or disruptions caused by events beyond its reasonable control, including but not limited to acts of God, weather events, governmental actions, pandemics, or facility closures. 17. SEVERABILITYIf any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. 18. GOVERNING LAW AND VENUEThis Agreement shall be governed by the laws of the State of Texas. Any legal action shall be brought exclusively in a court of competent jurisdiction located in Texas. 19. BINDING EFFECT AND ACKNOWLEDGMENT OF UNDERSTANDINGParticipant acknowledges that this Agreement is intended to be as broad and inclusive as permitted by Texas law. Participant understands that this Agreement releases claims for ordinary negligence but does not release claims for gross negligence or willful misconduct where such release is prohibited by law. Participant agrees not to dispute, charge back, or reverse any payment made to uScore Soccer through any payment processor TO THE EXTENT PERMITTED BY LAW. Any improper chargeback shall render Participant responsible for all resulting costs, including fees and reasonable attorneys’ fees. Participant has read, understood, and voluntarily agreed to all terms herein, including electronic acceptance where applicable. Participant acknowledges that this Agreement is intended to be as broad and inclusive as permitted by Texas law. Participant understands that this Agreement releases claims for ordinary negligence but does not release claims for gross negligence or willful misconduct where such release is prohibited by law. Participant has read, understood, and voluntarily agreed to its terms, including electronic acceptance where applicable. Participant acknowledges that this Agreement is binding and that Participant has read, understood, and voluntarily agreed to its terms. 20. PARENT OR LEGAL GUARDIAN CONSENT (FOR MINORS)The undersigned parent or legal guardian acknowledges and agrees that this Agreement extends to the minor participant, the parent or guardian individually, and any accompanying family members or spectators. The parent or guardian accepts full financial responsibility for the minor’s participation, including medical expenses, property damage, and compliance with all rules and policies. If the Participant is under the age of 18, the undersigned parent or legal guardian certifies that they consent to the Participant’s participation and agree to all terms of this Agreement on behalf of themselves and the minor. *Disclaimer: This Agreement may be executed electronically and accepted through online registration, digital signature, or check-box acknowledgment, each of which shall be deemed legally binding. |