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COLLEGE HILL YOUTH SPORTS
308 E College Street
Gunter, TX 75058
(903) 433-1600

TEAM RELEASE OF LIABILITY AND WAIVER FORM

I understand that exercise, training and using fitness equipment including that located on the premises of College Hill Youth Sports are potentially hazardous activities and that these activities involve risks of injury, aggravation of pre-existing conditions, and in the most severe and extreme cases, even death. Furthermore, I acknowledge that exercise on the body cannot be predicted with complete accuracy and that injuries may occur during or following exercise that could lead to these complications and adversely affect my health. These changes may include but are not limited to among other effects, high blood pressure, increased heart rate, altered heart function and in rare circumstances, cardiac complication. Accordingly, I acknowledge that I am voluntarily participating in these activities with full knowledge and understanding of the potential risks.  I am aware that a comprehensive medical examination is necessary before using the equipment and machinery and that a consultation with a physician is essential to determine which physical activities, exercises, training and programs, if any are recommended by my personal doctor.  I further acknowledge that I have either had a physical examination within the last month and learned of recommended activities, or that I voluntarily assume all responsibility and liability for using the facilities, equipment, machinery, and participating in all programs at the College Hill Youth Sports premises.  I also have read and been informed of the following warning and notification: “If you are currently under a physician’s care for injury, condition or illness, the representatives of College Hill Youth Sports strongly urge you to consult your physician before conducting any exercises, using any equipment, or participating in any program at the premises of College Hill Youth Sports.

Whether I have had an examination or voluntarily assume all liability, I further declare that I am physically fit, sound and suffering from no condition, impairment, disability, disease, infirmity, or illness that should prevent my participation in any program and the use of any exercise equipment or machinery.

In consideration of being allowed to use all facilities, equipment and programs, I personally assume all risks involved in all exercising, training, activities and programs at College Hill Youth Sports.  I also waive and release, now and forever, all claims and causes of action against College Hill Youth Sports, its officers, directors, employees, agents, volunteers, and all others directly or indirectly connected with College Hill Youth Sports from any and all personal injuries I sustain (including death), any medical condition of any kind which results, any aggravation of a pre-exiting medical condition that I aggravate, and any or all other damages or injuries which I sustain in any way from the direct or indirect result of my activities, exercise, training and participation with the use of the premises of College Hill Youth Sports.  I further hold College Hill Youth Sports harmless from any loss to personal property which is stolen or lost while I use, or are present at the premises of College Hill Youth Sports while, during, going to, going from the premises of College Hill Youth Sports.

Agreement to Participate in Arbitration.   Should a dispute arise between D4 Hilltop Properties, LLC, doing business as College Hill Youth Sports (referred to herein as “College Hill Youth Sports”) and the party signing this document (“Member”), the parties hereto agree that the speed and efficiency and cost effectiveness of the arbitration process, together with the mutual undertaking to engage in that process, constitute good and sufficient consideration for the acceptance and enforcement of this Agreement. The parties hereto voluntarily agree that any disputes covered by this Agreement that may arise between the parties shall be resolved exclusively by binding arbitration.  The relief available to the parties hereto shall not exceed that which otherwise would be available to them in a court action based on the same facts and legal theories under the applicable federal, state or local law. All limitations or other provisions regarding damages that exist under Texas law at the time of the request for arbitration are applicable to this agreement.

The recourse to a court of law shall be limited to an action to enforce a binding arbitration decision and/or settlement agreement entered in accordance with this Agreement or to vacate such a decision based upon the limited grounds set forth in the applicable governmental statute.

Conduct of Arbitration.   The arbitration shall be conducted by a panel of either one or three neutral arbitrators (“Panel”), said number being chose by the Member hereunder.  The member(s) of the Panel shall be chosen by the American Arbitration Association (“AAA”) or by mutual agreement between the parties hereto.  The Panel shall follow the current Commercial Arbitration Rules of the AAA.  The Panel shall have the authority to set a timetable for the arbitration and to direct discovery in all controversies.  The Panel shall obey the law.  The Panel shall have the authority to grant equitable relief that could be ordered by a court.  The Panel shall have the authority to award economic and non-economic damages (including damages for pain and suffering and mental anguish); but shall have no authority to award punitive or exemplary damages.  The Panel’s award may not exceed any award that could be granted by a court.  The decision of the Panel shall be final and binding upon the parties hereto, not subject to appeal, and any court having jurisdiction may enter a judgment on the award.

Costs and Fees.   The parties hereto shall equally bear the costs and expenses of any arbitration proceedings including all costs of administration, all expenses of the Panel, and all hearing cost. The parties hereto shall bear their own costs and attorney’s fees except in cases where an arbitrator awards a successful party such costs and fees under a provision of Texas law, if any expressly authorizes such an award. Where the Member supplies an affidavit that they do not have the means to pay their one half of the arbitration expenses, College Hill Youth Sports will also pay the Member’s share of the costs and expenses. Where College Hill Youth Sports also pays the Member’s share of the costs and expenses, then regardless of the above “Conduct of the Arbitration” paragraph, College Hill Youth Sports shall have the right to choose whether the Panel shall be one or three neutral arbitrators.

Governing Law.   Except as may be otherwise provided herein, this Agreement shall be governed by the terms of the Texas Arbitration Act. If for any reason there is a finding that Texas law cannot support the enforcement of this Agreement, then the parties hereto agree to resolve their disputes by arbitration pursuant to the Federal Arbitration Act and such Act shall apply to this Agreement and all arbitration proceedings arising out of this Agreement, including any action to compel, enforce, vacate or confirm any proceeding and award or order of an arbitrator. The arbitration location shall occur in the State of Texas.

Severability.   If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable in whole or in part the remainder of this Agreement, including all valid and enforceable parts of the provision in questions, shall remain valid, enforceable, and binding on the Parties.

THE PARTIES UNDERSTAND, ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THIS AGREEMENT THEY ARE FORFEITING THEIR CONSTITUTIONAL RIGHT TO HAVE THEIR DISPUTES DECIDED BY A COURT OF LAW OR TO APPEAL ANY DECISION OR REWARD OF DAMAGES RESULTING FROM THE ARBITRATION PROCESS EXCEPT AS PROVIDED HEREIN.  THIS AGREEMENT GOVERNS IMPORTANT LEGAL RIGHTS, YOUR SIGNATURE BELOW INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO THE TERMS SET FORTH ABOVE. PLEASE READ IT COMPLETELY, THOROUGHLY AND CAREFULLY BEFORE SIGNING.

For purposes herein, D4 Hilltop Properties, LLC, doing business as College Hill Youth Sports shall be referred to as “College Hill Youth Sports”.

July 25, 2021

 

ASSUMPTION OF THE RISK and WAIVER of LIABILITY RELATING to CORONAVIRUS/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

College Hill Youth Sports (CHYS) has put in place preventative measures to reduce the spread of COVID-19; however,  CHYS cannot guarantee that you or your child will not become infected with COVID-19. Further, attending the game(s) and/or practice(s) could increase your risk or your child’s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that myself or my child may be exposed to or infected by COVID-19 by attending a CHYS event and that such exposure or 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 an event may result from the actions, omissions, or negligence of umpires, coaches and others, including, but not limited to, CHYS employees, volunteers, and program participants and their families. I understand that myself or my child may be affected by attending or participating in the League games.

I voluntarily agree to assume all of the foregone risks and accept sole responsibility for any injury to myself or my child (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that myself or my child may experience or incur in connection with myself or my child attendance or participation at the League events.  On my behalf, or on behalf of my child, I hereby release, covenant not to sue, discharge, and hold harmless College Hill Youth Sports, its employees, agents, and representatives 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 the League, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any league event.

THE PARTIES UNDERSTAND, ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THIS AGREEMENT THEY ARE FORFEITING THEIR CONSTITUTIONAL RIGHT TO HAVE THEIR DISPUTES DECIDED BY A COURT OF LAW OR TO APPEAL ANY DECISION OR REWARD OF DAMAGES RESULTING FROM THE ARBITRATION PROCESS EXCEPT AS PROVIDED HEREIN.  THIS AGREEMENT GOVERNS IMPORTANT LEGAL RIGHTS, YOUR SIGNATURE BELOW INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO THE TERMS SET FORTH ABOVE. PLEASE READ IT COMPLETELY, THOROUGHLY AND CAREFULLY BEFORE SIGNING.

For purposes herein, D4 Hilltop Properties, LLC, doing business as College Hill Youth Sports shall be referred to as “College Hill Youth Sports”.

July 25, 2021

First Coach Name

First Name*

Last Name*

Phone*
First Coach Date of Birth*
I certify that I am 18 years of age or older
First Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
First Coach Signature*
Second Coach Name

First Name*

Last Name*
Second Coach Date of Birth*
Second Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
Third Coach Name

First Name*

Last Name*
Third Coach Date of Birth*
Third Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
Fourth Coach Name

First Name*

Last Name*
Fourth Coach Date of Birth*
Fourth Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
Fifth Coach Name

First Name*

Last Name*
Fifth Coach Date of Birth*
Fifth Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
Sixth Coach Name

First Name*

Last Name*
Sixth Coach Date of Birth*
Sixth Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
Seventh Coach Name

First Name*

Last Name*
Seventh Coach Date of Birth*
Seventh Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
Eighth Coach Name

First Name*

Last Name*
Eighth Coach Date of Birth*
Eighth Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
Ninth Coach Name

First Name*

Last Name*
Ninth Coach Date of Birth*
Ninth Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
Tenth Coach Name

First Name*

Last Name*
Tenth Coach Date of Birth*
Tenth Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Team Coach Email Address

Email*

Confirm Email*
Check to receive news about upcoming events.
Insurance

Insurance Carrier*

Insurance Policy Number*
TEAM ROSTER

Please list all players. 

Include jersey #, first and last name.

Example:
#1 Ozzie Smith
#2 Derek Jeter
#3 Babe Ruth
#4 Lou Gehrig
.....
As the parent or legal guardian of the minor child Participant named above, I hereby make and enter into each and every agreement, representation, waiver and release described above on behalf of myself, Participant, and any other parent or legal guardian of the Participant, intending that they be binding on me, the Participant, and our respective heirs, executors, personal representatives, administrators and assigns. By affixing my signature below I represent that I intend to five up my right, the right of Participant, and the right of any other parent or guardian or person to maintain any claim or suit against College Hill arising out of Participant’s participation in any Activities or related in any way to the Associated Activities. I further agree to hold harmless, defend, and indemnify College Hill from any claims from third parties arising form or related to the minor child Participant’s participation in any Activities or Associated Activities.
Team Coach Name

First Name*

Last Name*

Phone*
Team Coach Date of Birth*
I certify that I am 18 years of age or older
Team Coach Information
Interested in:
Cage Rental
Camp
Field Rental
Lesson
Personal Training
Strength & Conditioning
Team Activities
Volleyball

Team Name: *

Team Age and Classification: *
Team Coach Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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