RELEASE AND WAIVER OF LIABILITY,
INDEMNITY AND PARENTAL CONSENT AGREEMENT
IN CONSIDERATION of being permitted to participate in any way at Star Haven Associates, Inc. (D/B/A DIAMOND SPORTS CLUB) activity ("Activity") I, the signer below, for myself, for personal representatives, assigns, heirs, and next of kin now declare:
- ACKNOWLEDGE, agree, and state that I understand the nature of DIAMOND SPORTS CLUB Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
- FULLY UNDERSTAND THAT: (a) DIAMOND SPORTS CLUB ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I might incur as a result of my participation or that of the minor in the Activity.
- HEREBY RELEASE, DISCHARGE, AND AGREE AND PROMISE NOT TO SUE DIAMOND SPORTS CLUB, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT THAT ARE CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT MEDICAL ASSISTANCE RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without inducement or assurance of any nature. I intend this agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid or unenforceable the balance, notwithstanding, shall continue in full force and effect.
I acknowledge the contagious nature of communicable diseases, in particular the COVID 19 Coronavirus and that the United States Center for Disease Control (CDC) and many other public health authorities still recommend practicing social distancing.
I further understand that Diamond Sports Club has put in place recommended preventative measures that are intended to reduce the spread of communicable diseases including but not limited to COVID 19.
I further understand that Diamond Sports Club can not guarantee that I will not become infected with communicable diseases. I understand that the risk of becoming exposed to and/or infected by communicable diseases may result from the actions, inadvertence, omissions, or negligence of myself and others, including, but not limited to, staff, guests and other clients and their families.
I voluntarily seek services provided by Diamond Sports Club, acknowledge that I could be increasing my risk of exposure to communicable diseases including but not limited to COVID 19. I understand that I must comply with all required procedures that are intended to reduce the spread of diseases while I am attending Diamond Sports Club events.
I promise at all times that I am on the Diamond Sports Club facility premises, the following will be true:
- I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
- I have not traveled internationally within the last 20 days.
- I have not traveled to a highly impacted area within the United States of America in the last 14 days.
- I do not believe I have been exposed to someone with a suspected and/or confirmed case of any communicable diseases including but not limited to COVID 19.
- I have not been diagnosed with any communicable diseases, or I have been cleared as noncontagious by state or local public health authorities.
- I am following all Center for Disease Control recommended guidelines as much as possible pertaining to Coronavirus and I am limiting my exposure to communicable diseases, in particular but not limited to COVID 19.
I hereby release and agree to hold Diamond Sports Club harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of Diamond Sports Club or that may otherwise arise in any way in connection with any services received from Diamond Sports Club. I understand that this release discharges Diamond Sports Club from any liability or claim that I, my heirs, or any personal representatives may have against Diamond Sports Club with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Diamond Sports Club. This liability waiver and release extends to the facility together with all owners, partners, and employees.
And I, the minor's parent and/or legal guardian, understand the nature of Diamond Sports Club Activities and the Minor's experience and capabilities, and I believe the minor to be qualified, in good health, and in proper physical condition to participate in such acivity. I herby release, discharge, agree and promise not to sue, and agree to indemnify and save and hold harmless each of the releasees from all liability claims, demands, losses, or damages on the minor's account caused or alleged to be caused in whole or in part by the negligence of the "releasees" or otherwise, including negligent medical assistance or rescue operation and further agree that if, despite this release, I, the minor, or anyone on the minor's behalf makes a claim against any of the releasees named above, I will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.
RECOMMENDED CONCUSSION &
HEAD INJURY INFORMATION RELEASE
This form must be signed by all participants and parent/guardians before they participate in any activities at Diamond Sports Club.
A concussion is a brain injury and all brain injuries are serious. They are caused by a bump, blow, or jolt to the head, or by a blow to another part of the body with the force transmitted to the head. They can range from mild to severe and can disrupt the way the brain normally works. Even though most concussions are mild, all concussions are potentially serious and may result in complications including prolonged brain damage and death if not recognized and managed properly. In other words, even a “ding” or a bump on the head can be serious. You can’t see a concussion and most sports concussions occur without loss of consciousness. Signs and symptoms of concussion may show up right after the injury or can take hours or days to fully appear. If your child reports any symptoms of concussion, or if you notice the symptoms or signs of concussion yourself, seek medical attention right away.
Symptoms may include one or more of the following*
Headaches; “Pressure in head”; Nausea or vomiting; Neck pain; Balance problems or dizziness; Blurred, double, or fuzzy vision; Sensitivity to light or noise; Feeling sluggish or slowed down; Feeling foggy or groggy; Drowsiness; Change in sleep patterns; Amnesia; “Don’t feel right”; Fatigue or low energy; Sadness; Nervousness or anxiety; Irritability; More emotional; Confusion; Concentration or memory problems (forgetting game plays); Repeating the same question/comment
Signs observed by teammates, parents, and coaches include*
Appears dazed; Vacant facial expression; Confused about assignment; Forgets plays; Is unsure of game, score, or opponent; Moves clumsily or displays incoordination; Answers questions slowly; Slurred speech; Shows behavior or personality changes; Can’t recall events prior to hit; Can’t recall events after hit; Seizures or convulsions; Any change in typical behavior or personality; Loses consciousness
*(Adapted from the CDC and the 3rd International Conference in Sport)
If you think your child has suffered a concussion
Any athlete even suspected of suffering a concussion should be removed from the game or practice immediately. No athlete may return to activity after sustaining a concussion, regardless of how mild it seems or how quickly symptoms clear, without written medical clearance from a Medical Doctor (MD) or Doctor of Osteopathic Medicine (DO). Close observation of the athlete should continue for several hours. You should also inform your child’s coach if you think that your child may have a concussion Remember it is better to miss one game than miss the whole season. When in doubt, the athlete sits out!
For current and up-to-date information on concussions you can go to:
June 29, 2022