RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT:
THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS
IN CONSIDERATION of being permitted to participate in any way in the Indoor Sports Activities at SoccerHaus, I, for myself for personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of Indoor Sports 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.
2. FULLY UNDERSTAND THAT: (a) INDOOR SPORTS ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH; (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s 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 AND VOLUNTARILY ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
3. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE SOCCERHAUS, SOCCERHAUS MANAGEMENT CO., OR SOCCERHAUS MANAGEMENT COMPANY, INC., their respective administrators, directors, owners, principals, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and owner(s) and lessor(s) of premises on which the Activity takes place (hereinafter the “RELEASEES”). I HEREBY RELEASE RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, 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.
4. This RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT and the rights and obligations of Participant and RELEASEES hereunder shall be governed by the laws of the State of Colorado, the jurisdiction in which the Building is located. Participant and RELEASEES hereby acknowledge and affirm that venue is proper in El Paso County Colorado for all matters pertaining to this agreement.
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 AND INTEND IT 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 THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
5. AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF INDOOR SPORTS ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE RELEASEES, 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 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.
ALCOHOL WAIVER AND ACCEPTANCE OF RESPONSIBILITY
6. ALCOHOL WAIVER AND ACCEPTANCE OF RESPONSIBILITY: ALCOHOL WILL BE AVAILABLE ON THE SOCCERHAUS PREMISES. INDIVIDUALS UNDER THE AGE OF 21 ARE PROHIBITED FROM OBTAINING OR CONSUMING ANY ALCOHOL AT ANY POINT DURING THE EVENT. IDENTIFICATION WILL BE CHECKED AT THE PREMISES, AND I EXPRESSLY AFFIRM MY ACCEPTANCE OF FULL RESPONSIBILITY FOR COMPLYING WITH ALL APPLICABLE LAWS REGARDING CONSUMPTION OF ALCOHOL, AND IF CONSUMING ALCOHOL, MONITORING AND/OR LIMITING MY ALCOHOLIC BEVERAGE INTAKE. BY ACCEPTING ALCOHOL WHILE ON THE SOCCERHAUS PREMISES, I WARRANT THAT I AM AT LEAST 21 YEARS OF AGE. I HEREBY EXPRESSLY RELEASE RELEASEES FROM ANY LIABILITY FOR DAMAGES TO OR INCURRED BY ME OR ANY OTHER PERSON OR ENTITY CAUSED IN WHOLE OR IN PART BY MY CONSUMPTION OF ANY ITEM, INCLUDING WITHOUT LIMITATION, ALCOHOL.
Registration Agreement (Communicable Diseases and COVID-19 Disclosure/Disclaimer Clause)
7. In enrolling at Soccer Haus Management Co., participant understands that he/she attending the programs and using Soccer Haus Management Co. and the facilities does so at his/her own risk. Soccer Haus Management Co. and its owners, employees or agents, shall not be liable for any damage whatsoever arising from any personal injury or property loss sustained by participant with his/her family in or about any programs on the premises. I acknowledge that I am aware that there are risks to me and any participant of exposure to directly or indirectly arising out of, contributed to, by, or resulting from: An outbreak of any and all communicable disease, including but not limited to, the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof; Participants and parents assume full responsibility for all injuries and damages which occur in or about any programs on the premises, He/She does hereby fully and forever release discharged hold harmless Soccer Haus Management Co., all associated facilities and its owner, employees, and agents from any and all claims, demands, damages or rights of action, present or future resulting from any person’s participation in any programs or use of the facility. In addition, he/she agree(s) to follow the rules of conduct and play set by Soccer Haus Management Company. Failure to do so may result in suspension from participation. Consent: I the undersigned parent or guardian/participant do hereby grant authority to the staff at Soccer Haus Management Co. to render a judgment concerning medical assistance or hospital care in the event of an accident or illness during my absence. I do hereby authorize Soccer Haus Management Co. and its assigns to utilize any and all photographs, pictures or other likeness of me or anyone assigned guardianship to me, as they deem appropriate in its promotional materials or team films.
By registering, you also agree to receive emails from Soccer Haus Management Company.
Today's Date: August 10, 2020