WAIVER AND RELEASE OF LIABILITY
READ BEFORE SIGNING
In consideration of being allowed to enter and use the sports facility operated by Hudson Sports LLC at 122 State School Road, Warwick, New York 10990 (the "Facility"), and for activities including playing on a sports fields, related events and activities, the undersigned acknowledges, understands, and agrees that:
1. The risk of injury from the activities involved in athletic activities is significant, and while rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; the risks may include, but are not limited to, those caused by terrain, facilities, temperature, condition of participants, my physical condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and lack of hydration; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below) or others, including any risks that may arise from negligence or carelessness on the part of the RELEASEES, from dangerous or defective equipment or property owned, maintained or controlled by them, or because of their possible liability without fault, and assume full responsibility for my participation; and,
3. I certify that I am physically fit and have not been advised to not engage in any sports or activities by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in sporting and/or athletic activities. I acknowledge that this Accident Waiver and Release of Liability Form will be used by owners and operators of the Facility and that it will govern my actions and responsibilities at the Facility; and,
4. I willingly agree to comply with the stated and customary terms and conditions for participation and the Rules and Regulations of the Facility, as they may change from time to time. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest employee of the Facility immediately; and,
5. I consent and agree that the Facility may take photographs or digital recordings of me as a participant and use these in any and all media for training or promotional purposes. I further consent that my identity may be revealed therein or by description text or commentary. I waive any rights, claims or interest and I understand that there will be no financial or other remuneration.
6. Hudson Sports LLC, d/b/a Hudson Sports Complex reserves for itself and its affiliates, members, managers, officers, officials, agents, and/or employees, the right to address any actions that compromise the well-being of the Facility and the people who use it, such as harassment, violence, damage, harm to self/others, and/or distribution or abuse of illegal or intoxicating substances, on a case by case basis as deemed appropriate/necessary in their sole and absolute discretion. I understand that if I engage in any such actions, I may be commanded to leave the Facility immediately by any such representative of Hudson Sports Complex without compensation or refund of any fees/costs/expenses paid or incurred in relation to my use of, or participation at, the Facility.
7. ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS (COVID-19): I, the undersigned, acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending activities at Hudson Sports LLC and that such exposure of infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Hudson Sports LLC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Hudson Sports LLC's employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that may experience or incur in connection with my attendance at Hudson Sports LLC or participation the Hudson Sports LLC's programming ("Claims"). On my behalf, and/or on the behalf of any child or family member registered, I hereby release, covenant not to sue, discharge, and hold harmless Hudson Sports LLC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Hudson Sports LLC, its employees, agents, representatives, whether a COVID-19 infection occurs before, during, or after participation in any Hudson Sports LLC program. I understand that, during my visit at Hudson Sports Complex as program participant, coach, player, parent, volunteers or guardian, I am required to keep a 6ft distance at all times, wether indoors or outdoors, unless safety or core activity (eg practicing, playing) requires a shorter distance. If a shorter distance is required, individuals must wer face coverings, unless player are unable to tolerate such a covering for physical activity (practicing, playing); provided, however, that coaches, trainer, and/or individuals who are not direectly engaged in the activity are required to wear face coverings at all times.
I attest that:
- I am not experiencing any symptom 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 14 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 the Coronavirus/COVID-19.
- I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
- I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
8. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin:
(A) HEREBY WAIVE, RELEASE AND DISCHARGE Hudson Sports LLC, doing business as Hudson Sports Complex, its managers, members, officers, officials, agents, and/or employees, other participants, sponsors of the Facility, advertisers, and the owners and lessors of the Facility and the Town of Warwick, as the owner of Wickham Lake, (collectively, the “RELEASEES”), from any and all liability, including but not limited to, liability arising from the negligence or fault of the RELEASEES, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me while at the Facility, including my traveling to and from this Facility;
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the RELEASEES from any and all liabilities or claims made as a result of participation in sports and activities at the Facility, whether caused by negligence or otherwise.
This Accident Waiver and Release of Liability and included image release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY IN- DUCEMENT.
Today's Date: April 1, 2023