1. I understand that all persons using the services, equipment and facilities at EVOLVE Project LA (“EVOLVE”) must complete and sign this Participant Agreement and Acknowledgement of Risk (“Participant Agreement”) and a current copy of this Participant Agreement must be on file at EVOLVE prior to my entering the field of play or otherwise using the services, equipment and facilities. Once I sign this Participant Agreement, I agree to be bound by all of its terms. If I am under the age of eighteen (18), my parent or legal guardian must also sign below.
2. At all times during which I am on the premises of EVOLVE (“Premises”), I agree to follow all of EVOLVE’s rules and regulations (“Rules”). I understand and agree that EVOLVE reserves the right to amend the Rules at any time and without notice to me. I understand that, among other things, the Rules are intended to ensure the safety of all people using the EVOLVE facilities, including myself, and EVOLVE reserves the right to require me to immediately leave the Premises or any particular area within the Premises, and deny access to the Premises, to any particular area within the Premises, or to any particular equipment within the Premises, in the event that I violate any of the Rules, or for any other reason in EVOLVE’s sole discretion. I understand and agree that employees of EVOLVE shall have the sole ability to determine whether I have violated any Rules or to otherwise restrict my access to the Premises or any particular area or particular equipment within the Premises, for any reason, or no reason at all.
3. I understand and agree that pricing and scheduling for use of the Premises and the services of EVOLVE are subject to change provided that EVOLVE will use good faith efforts to provide written notice of such changes through the e-mail address I provide below.
4. I understand that EVOLVE may operate security systems throughout the Premises. I understand that certain entrances and exits may not be opened or closed except by an employee of EVOLVE, or in the case of emergency. I also acknowledge and agree that EVOLVE’s security systems may include, without limitation, video and audio recording devices throughout the Premises.
5. EVOLVE, including any of its coaches, agents, representatives or volunteers, may also record me using still, motion picture or audio devices, while I am on the Premises. Such recordings may be made for any purpose allowed by law, including but not limited to training activities, assessment of the performance of myself and other participants, as well as for use in and in connection with publicizing, promoting and advertising EVOLVE.
6. In connection with any recordings described in this Participant Agreement (collectively the “Recordings”), I expressly acknowledge and agree that I will have no expectation of privacy while on the Premises except while using the bathroom, locker room and designated changing facilities. In connection with the foregoing, I expressly agree that EVOLVE may use name, voice and likeness contained in any such Recordings in any and all media (including but not limited to social media) now known or hereafter devised, in perpetuity for commercial purposes without compensation to me and without restriction as to frequency or duration. Without limiting the foregoing, I hereby waive any rights, claims or interest in any such Recordings made of me and I understand that there will be no financial or other remuneration.
7. By providing my e-mail address to EVOLVE I expressly agree to receive email announcements about new products, services, updates and schedules.
8. I understand and acknowledge that soccer and other activities I may participate in while on the Premises involve known and unanticipated risks that could result in physical or emotional injury, paralysis, death to myself and other participants, and/or loss of or damage to my personal property or to the property of third parties. I understand that such risk simply cannot be eliminated without jeopardizing the essential qualities of the activities taking place on the Premises. The risks include, among other things, broken bones, sprains, strains and other soft tissue injuries, bruises, abrasions, lacerations, dental injuries, concussions, spinal cord injuries and death.
9. I understand that wearing safety equipment can reduce the risk of injuries and I agree to wear my own safety equipment. EVOLVE is not responsible for providing any such equipment or instructing me in the use of such equipment. It is my sole responsibility to insure that I have all appropriate safety equipment and that I understand how to use such equipment properly when participating in any activities on the Premises. I understand that I am solely responsible for my personal health and safety and my personal property. I further agree that I will notify the EVOLVE immediately of any hazards that could potentially cause injury.
10. I hereby assume any and all risk existing in any activity involving the Premises, services, equipment or facilities of EVOLVE, including, by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them, or because of their possible liability without fault. My participation in any activity at EVOLVE is purely voluntary and I elect to participate in spite of the known and unknown risks for potential serious injury.
11. In consideration of my right to enter the Premises, and the services of EVOLVE, by signing this Participant Agreement, I, on behalf of myself, my executors, administrators, heirs, next of kin, successors, and assigns, agree to: a. WAIVE, RELEASE, AND DISCHARGE EVOLVE, its subsidiaries, agents, owners, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (collectively, the “Released Parties”) from any and all liability, claims, demands or causes of action, which are in any way connected to my participation in any of my activities or my use of EVOLVE’s Premises, services, equipment or facilities, including but not limited to, liability arising from the negligence or fault of the Released Parties, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from EVOLVE; and b. INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Parties from any and all liabilities or claims made as a result of my participation in any of my activities or my use of EVOLVE’s Premises, services, equipment or facilities, whether caused by negligence or otherwise.
12. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, and/or I agree to otherwise bear the cost of any harm to myself or to my property. I further certify that I am physically fit and have not been advised to restrict my physical activities in any manner by a qualified medical professional, and I have no medical or physical conditions which could interfere with my safety or preclude my participation in any of my activities on the Premises. If a pre-existing condition does exist, I agree to notify EVOLVE prior to playing and I will assume – and bear the cost of – all risk that may be created, directly or indirectly, by any such condition.
13. I understand that in the event I join any team or otherwise participate in any league in connection with my activities on the Premises or I connection with EVOLVE, I am committing to paying my share of the team league fees and must do so regardless of whether I continue playing for that team and/or league. If I refuse to pay my share for any reasons, EVOLVE may engage a collection agency to recover any amounts due to EVOLVE and in doing so I understand that this can affect my credit.
14. Should EVOLVE or anyone acting on their behalf be required to incur attorney’s fees and cost to enforce this Participant Agreement, I agree to indemnify and hold them harmless for all such fees and cost.
15. I understand and agree that this Participant Agreement is intended to be as broad and inclusive as permitted by the laws of the State of California and this Participant Agreement shall be governed by and construed in accordance with California law, without regard to its conflict of laws provisions. If any portion of this Participant Agreement is held invalid, I agree that the remaining terms shall continue to be in full force and effect. In the event of any claim arising hereunder I agree to first attempt to resolve the matter directly with EVOLVE through good faith discussions. If I am unable to resolve the matter directly with EVOLVE I agree that any such matter shall be submitted to final, binding arbitration conducted in Los Angeles County under the Expedited Arbitration Procedures Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) before a single, neutral arbitrator who is a former or retired California state or federal court judge with experience in action sports activities who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Los Angeles County, including an award of costs, fees and expenses incurred in enforcing the award.
16. I understand that this Participant Agreement is an important legal document and declare that I have read and considered it carefully. I fully understand its terms and agree that no oral representations, statements or other inducements to sign have been made apart from what is written on this form. By signing this document, I acknowledge that if I am injured or killed or my property is damaged or destroyed during my participation in any activity involving services provided by EVOLVE or EVOLVE’s Premises, equipment or facilities, I may be found by a court of law to have waived my right to maintain a lawsuit against EVOLVE on the basis of any claim that I have released by signing this Agreement.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT ON MY OWN FREE WILL.
Dated: January 15, 2019