RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND PARENTAL CONSENT AGREEMENT ("AGREEMENT")
This Waiver and Release of Liability and Claims waives and releases rights to recover damages in case of injury while on the uScore Soccer premises or while participating in a program operated by uScore Soccer or Baker United Sports, LLC. Before playing, practicing, and/or participating in - soccer games, soccer practices, flag or tackle football games or practices, basketball games or practices, baseball games or practices, lacrosse games or practices, rentals of any kind, parties of any kind, or any other activity not specified - at uScore Soccer at 19823 Stuebner Airline Rd, Spring TX, 77379 ("uScore Soccer”), I have inspected, and will continue to inspect, the soccer field playing surface, sideboards, backboards, goals, nets, benches and other practice or game areas, (the "facilities"). I have assured myself, and I will assure myself, that the facilities are properly designed, installed and maintained. I will not participate in any event at uScore Soccer until I am satisfied that the facilities are safe for participation. My signature below and my continued partipation at uScore Soccer, shall be my continuing agreement and continuing evidence that I have made all such inspections, and that all terms hereof continue in full force and effect with respect to all events, rentals, practices and each game designated on each such league schedule.
- A. I acknowledge that playing and/or practicing any sport at uScore Soccer can be dangerous, and, as in any sport, involves a risk of injury, including serious injury;
- B. I voluntarily assume all risks arising from playing/practicing soccer at uScore Soccer;
- C. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE and shall hold harmless and shall indemnify uScore Soccer and/or Baker United Sports, LLC, and any and all shareholders, directors, officers, employees, licensees, permittees, officials, referees, sponsors, promoters and agents, and each of them, (the "releasees"), from and against any loss, claim, demand, cost, expense, damage and/or injury arising from me playing and/or practicing soccer at uScore Soccer, whether caused by the negligence of any releasee or otherwise;
- D. I expressly agree that this Waiver and Release of Liability and Claims is intended to be as broad and inclusive as is permitted by Texas Laws and that if any portion is held invalid, the balance shall continue and survive in full force and effect;
- E. I acknowledge and agree that no verbal representations, statements, or inducements apart from this Waiver and Release of Liability and Claims has or have been made by any of the releasees or by anyone;
- F. I acknowledge that a copy of this Waiver and Release of Liability and Claims is available to me at uScore Soccer upon my request;
- G. I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND CLAIMS AND BY SIGNING BELOW, I VOLUNTARILY AGREE TO ALL OF ITS TERMS;
IN CONSIDERATION of being permitted to participate in any way in any athletic or other activity (the "Activities") inside or outside of the uScore Soccer building, or in any location using uScore Soccer property, or on any property where uScore Soccer is a host or a participant in an event of any kind, I, for myself, for personal representatives, assigned heirs, and next of kin:
ACKNOWLEDGE, agree, and represent that I understand the nature of the Activities and that myself as a "participant" and/or my child as a "participant" are 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 participation in the Activity.
FULLY UNDERSTAND THAT: (a)THE 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 the participants 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 AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I or the participant incurs as a result of participation in the Activity.
HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE USCORE SOCCER, USCORE INDOOR, BAKER UNITED SPORTS LLC, 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 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.
ACKNOWLEDGE, agree, and represent that I understand uScore Soccer, uScore Indoor, and Baker United Sports LLC, is not responsible for loss or damage to personal possessions and that my or my child's photograph or video may be used in future promotions via the website, social media, billboard, or other advertising media.
I CERTIFY THAT THE INFORMATION GIVEN ON THIS FORM IS ACCURATE AND I UNDERSTAND THAT FALSE INFORMATION PROVIDED ABOVE IS NOT THE FAULT OF USCORE SOCCER OR BAKER UNITED SPORTS, LLC. 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.
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE 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, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S 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.
PERSONAL INSURANCE COVERAGE
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THAT IT IS NOT THE RESPONSIBILITY OF USCORE SOCCER OR BAKER UNITED SPORTS, LLC TO COVER ANY OR ALL MEDICAL COSTS, FEES, OR COMPENSATIONS ASSOCIATED WITH INJURIES OR ILLNESSES SUSTAINED OR CONTRACTED WHILE PARTICIPATING IN ANY EVENT ON OR OFF OF THE USCORE SOCCER PREMISES. I FULLY UNDERSTAND THAT IT IS THE RESPONSIBILITY OF THE PARTICIPANT AND/OR THE PARTICIPANT'S PARENT OR GUARDIAN TO SECURE AND MAINTAIN APPLICABLE MEDICAL OR HEALTH INSURANCE COVERAGE. BY SIGNING THIS WAIVER, I AGREE THAT I WILL NOT SUE OR SEEK ANY MONETARY OR OTHER COMPENSATION FROM USCORE SOCCER, BAKER UNITED SPORTS, LLC, OR ANY EMPLOYEES, DIRECTORS, OWNERS OR OTHER INDIVIDUALS OR GROUPS ASSOCIATED WITH USCORE SOCCER OR BAKER UNITED SPORTS, LLC.
Today's Date: September 30, 2020