Assumption of Risk Waiver of Liability Indemnification Agreement
(READ BEFORE SIGNING)
The Long Island Rough Riders franchise provides extensive soccer education and training for youth (hereafter referred to as LIRR-YST). Some of the activities comprising LIRR-YST include soccer camps, soccer clinics, private instruction, team training, club training services for various communities, parties, game-day events and competition. LIRR-YST is comprised of several programs. Programs include, but are not limited to, Futsal Academy, Junior Rough Riders, and Winter and Summer Select. All LIRR programs develop skills required for soccer: balance, motor ability, agility and coordination, ball mastery, accurate passing and receiving of the ball, perception insight and awareness.
Youth in the LIRR-YST have top level instruction in all phases of soccer. They participate in training programs and camps both of which are aimed at developing skills in each athlete. The training, coupled with their opportunities to compete, help the athlete develop the physical skills, mental skills, and the maturity to succeed in soccer. Participants become physically fit, developing such attributes as endurance, strength, agility, quickness, balance, and coordination.
While the benefits of participation in LIRR-YST are obvious, LIRR-YST feels it is important that the LIRR-YST Participant & Parent/Guardian (hereafter referred to as YST Participant & Parent/Guardian) understand that there are inherent risks in learning, training for, and playing soccer which cant be eliminated regardless of the care taken by LIRR-YST.
The fact is that soccer is a violent contact sport that puts great stress on many parts of the body including the knees and ankles. It is impossible to list all of the inherent risks of soccer. The following list illustrates some, but not all, of the types of risks faced by the participant: weather-related risks (e.g., hot, humid weather; cold, inclement weather; lightning; high winds); activity risks (over-exertion; being struck in the head or face by the ball; being kicked; collisions with players, officials, sideline obstructions, goals, walls); equipment/facility-related risks (such as unexpected equipment failure, unknown playing surface, facility hazards or defects); disease-related risks (include possible exposure to and illness (including possible death) from infectious diseases such as influenza, herpes, and COVID-19); participant-related risks (such as participant failure to adhere to posted rules or warnings; careless, erratic, or negligent acts by participant or co-participants); personnel-related risks (such as errors in judgment by LIRR-YST personnel, coaches, game officials, or volunteers - including, but not limited to, misjudging participant ability or fitness level, misjudging weather conditions, failure to give adequate warnings or adequate instructions, and concentration lapses while supervising.
In the event of virtual training or workouts being deemed necessary, there are some other risks that may accompany the virtual setting. Some of these risks include 1) possible cramped or hazardous activity space; 2) possibility that there may be no one present to assist in the event of an injury or emergency 3) possibility that the participant will learn the activity incorrectly due to limited feedback; 4) possibility of injury caused by performing the activity incorrectly.
LIRR-YST feels that it is important that the YST 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 LIRR-YST feels that every YST Participant & Parent/Guardian should be aware of the possibility. These infrequent injuries include Rhabdomyolysis, permanent disability, brain injury, paralysis, blindness, heart attack, stroke, and even death.
Assumption of Inherent Risks: I, the YST Participant & Parent/Guardian assert that I have previously participated in soccer and/or I am familiar with the inherent risks of soccer (as well as the risks of virtual workouts); and I have been reminded of some of the minor and serious inherent risks by the preceding paragraphs. I understand that all activities of LIRR-YST include inherent risks that cannot be totally eliminated regardless of the care taken by LIRR-YST. I 1) know, 2) understand, and 3) appreciate the types of injuries inherent in LIRR-YST activities. I, the YST Participant & Parent/Guardian, hereby assert that participation is voluntary and the YST Participant & Parent/Guardian knowingly assume all inherent risks of the activity.
Waiver of Liability for Ordinary Negligence of LIRR-YST: In consideration of permission to participate in LIRR-YST activities, today and on all future dates, I, the YST 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 LIRR-YST [including Globall Soccer Consulting, Inc. dba the Long Island Rough Riders, 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 (including, but not limited to, contagious diseases such as COVID-19, influenza, and herpes) arising from participation in LIRR-YST activities including, but not limited to: league play, tournaments, camps, clinics, special events, recreational, practice, and training/conditioning activities. It applies also while I am an observer or spectator and during my 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 YST Participant & Parent/Guardian, also agree to hold harmless, defend, and indemnify LIRR-YST (that is, defend and pay any judgment and costs, including investigation costs, attorneys fees, and related expenses) from any and all claims of Releasing Parties or others acting on my behalf, arising from my participation in LIRR-YST Activities, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties).
I, the YST Participant & Parent/Guardian, further agree to hold harmless, defend, and indemnify LIRR-YST against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in LIRR-YST activities.
Clarifying Clauses: I, the YST Participant & Parent/Guardian confirm:
- This agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and LIRR-YST and that it cannot be modified or changed in any way by representations or statements by any agent or employee of LIRR-YST
- 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.
- 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.
- 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 LIRR-YST 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:
Health Status. The YST 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 LIRR-YST 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 YST Participant & Parent/Guardian affirms that he or she:
- Authorizes the use of first aid by LIRR-YST staff if LIRR-YST staff deems it is needed.
- Authorizes the use of CPR if LIRR-YST staff deems it is needed.
- Authorizes LIRR-YST to secure emergency medical care and transport if deemed necessary.
- Agrees to assume all cost of emergency care and transportation.
Rules and Safety. The YST Participant & Parent/Guardian agrees:
- To report all injuries (even minor injuries) so that LIRR-YST may make a record of the injury.
- To wear all recommended safety gear during participation.
- To follow all rules of the activity and of LIRR-YST.
- To inform LIRR-YST of any conduct or condition that creates a hazard for participants or others and will immediately discontinue further participation in said activity.
- That LIRR-YST has authority to halt my participation if it endangers the participant or others.
Acknowledgment of Understanding: I, the YST 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 YST 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.