Assumption of Risk – Waiver of Liability – Indemnification Agreement
(READ BEFORE SIGNING)
Globall Sports Centers, (hereafter referred to as GSC) -- a division of Globall Soccer Consulting, Inc. -- provide both youth and adults the opportunity for sports participation in soccer and lacrosse as well a number of other sports. League participation as well as instruction through camps, clinics, and other means are available. In addition, GSC holds corporate events, rents fields to groups, and plans/oversees parties of all sorts. Parties include, but are not limited to, events such as soccer, flag football, touch football, kickball, European handball, and dodgeball.
Participants in GSC activities have an opportunity to participate in wholesome recreational activities that develop sportsmanship, physical fitness, a better body image, and teamwork. At the same time, they have fun and improve their health and body weight. The required physical exertion ranges from mild to very strenuous, depending upon the activity and the motivation of the participant; the required skill level ranges from beginner to highly skilled, depending upon the activity; and the competitiveness of the activity ranges from moderate to highly competitive. Most fitness, skill, and competition levels can be accommodated.
While the many benefits of these activities are apparent, GSC and its staff regard participant safety as a top priority and feel it is important that the ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) understand that there are inherent risks in all physical activity. GSC takes great care to reduce the risks associated with the many physical activities offered at the facility.
Nevertheless, regardless of the care taken to provide safe activities and to avoid injuries, all inherent risks can never be totally eliminated without changing the nature of the activity. It is impossible to list all of the inherent risks of a single sport, let alone all the risks in the several sports offered at GSC. All the same, a number of common inherent risks (but by no means, all) that might be present in one or more of the sports offered are listed below. A few examples of the many inherent risks are heat related illnesses; cold weather related illnesses, over-exertion; and imperfect playing surfaces. A few examples of sport related inherent risks are being struck by a ball (e.g., soccer, lacrosse, kickball, football, handball); being struck by an implement (lacrosse stick, bat), being kicked in soccer, collisions (e.g., with other players, officials, with stationary objects such as goal posts, trees, sideline obstacles, walls), and falls. Other inherent risks include participant-related inherent risks (e.g., participant failure to adhere to posted rules or warnings; careless, erratic, or negligent acts by co-participants, partying children running into others, swinging objects carelessly, playing in a reckless manner); facility/equipment-related inherent risks (e.g., unexpected equipment failure; unknown facility hazards or defects); personnel-related inherent risks (e.g., errors in judgment by GSC personnel, game officials, or volunteers -- including, but not limited to, misjudging participant ability or fitness level, misjudging weather conditions, failure to give adequate warnings or instructions, and concentration lapses while supervising).
GSC feels that it is important that the ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) understand that three types of injuries can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, sprains, abrasions, cuts, black eyes, blisters, and bruises. Serious injuries are less common, but can occur occasionally. They include, but are not limited to, broken bones, concussions, torn ligaments or cartilage, eye injuries, cuts, broken teeth, frostbite, hypothermia, and internal injuries. Catastrophic injuries are very rare; but GSC feels that every ADULT PARTICIPANT OR MINOR PARTICIPANT & PARENT/GUARDIAN should be aware of the slight possibility. These infrequent injuries include Rhabdomyolysis, permanent disability, brain injury, paralysis, blindness, heart attack, stroke, and even death.
Assumption of Inherent Risks: I, the ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) assert that I have previously participated in the sport(s) for which I have registered to participate; I am familiar with the inherent risks associated with the sport(s); and I have been reminded of some of the minor and serious inherent risks by the preceding paragraphs. I, the ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) , understand that all activities of GSC include inherent risks that cannot be totally eliminated regardless of the care taken by GSC. I, the ADULT PARTICIPANT or MINOR PARTICIPANT & PARENT/GUARDIAN, 1) know, 2) understand, and 3) and appreciate the types of injuries inherent in GSC activities. I, the ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) , hereby assert that participation is voluntary and the ADULT PARTICIPANT or MINOR PARTICIPANT & PARENT/GUARDIANknowingly assume all inherent risks of the activity.
Waiver of Liability for Ordinary Negligence of GSC: In consideration of permission to participate in GSC activities, today and on all future dates, I, the ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) , on behalf of myself, my spouse, heirs, executors, administrators, personal or legal representatives, and assigns (hereafter referred to as the Releasing Parties) do hereby waive, release, covenant not to sue and discharge GSC [including Globall Soccer Consulting, Inc., all corporate partners and owners, directors, board members, officers, employees, volunteers, independent contractors, agents, equipment suppliers, and owners/operators of all venues] (hereafter referred to as the Protected Parties) from liability from any and all claims, demands, and actions of every name and nature including those arising from the ordinary negligence (including negligent rescue operations) of the Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in GSC activities including, but not limited to: league play, tournaments, camps, clinics, parties, rentals, special events, recreational, practice, or individual training and conditioning activities; while as an observer or spectator; and individual use of all facilities. This applies to all facilities, fields, equipment, and all other venues or premises including the associated sidewalks and parking lots and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
Indemnification:I, the ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN), also agree to hold harmless, defend, and indemnify GSC (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties or others acting on my behalf, arising from participation in GSC Activities, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties).
I, the ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) further agree to hold harmless, defend, and indemnify GSC against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in GSC activities.
Clarifying Clauses: I, the ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) confirm:
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 GSC and that it cannot be modified or changed in any way by representations or statements by any agent or employee of GSC.
2)The foregoing Assumption of Risk, Waiver of Liability, Indemnification Agreement, and Covenant Not to Sue is intended to be as broad and inclusive as is permitted by the laws of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
3)If legal action is brought, either the state court serving Nassau County, New York, or the United States District Court for the Eastern District of New York has the sole and exclusive jurisdiction and that only the substantive laws of the State of New York shall apply.
4)I will engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of participation in GSC shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.
Acknowledgements to Promote Participant Safety: These affirmations aid GSC in providing for the health and safety of the participant.
Health Status. The ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) affirms that he or she:
- Possesses no health problems or physical disabilities that would make participation unwise or risk injury.
- Understands that GSC advises all participants to seek medical clearance prior to participation.
- Understands that it is his or her duty to inform staff and cease exercise immediately if there is any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation.
- Possesses sufficient skills, experience in the activity, coordination, and fitness to safely participate.
Medical Care. The ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) affirms that he or she:
- Authorizes the use of first aid by GSC if GSC staff deems it is needed.
- Authorizes the use of CPR and/or an AED if available and GSC staff deems it is needed.
- Authorizes GSC to secure emergency medical care and transport if deemed necessary.
- Agrees to assume all cost of emergency care and transportation.
Rules and Safety. The ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN) agrees:
- To report all injuries (even minor injuries) so that GSC may make a record of the injury.
- To wear all recommended safety gear during participation.
- To follow all rules of the activity and of GSC.
- To inform GSC of any conduct or condition that creates a hazard for participants or others – and will immediately discontinue further participation in said activity.
- That GSC has authority to halt my participation if it endangers the participant or others.
Acknowledgment of Understanding:I, the ADULT PARTICIPANT or MINOR PARTICIPANT (& PARENT/GUARDIAN), have read and understand this Agreement. I understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT (& PARENT/GUARDIAN), acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks or ordinary negligence by the Protected Parties, to the greatest extent allowed by law of the State of New York. Further, I, the Parent/Guardian, assert that I have explained the risks of the activity to my minor son or daughter and that he or she understands this Agreement.