WHEREAS, 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; WHEREAS, in these current times and going forward, it is possible that other infectious diseases, whether or not they are declared pandemics, will become a danger to the health and well-being of humankind, here in Florida, the United States, and abroad; and WHEREAS, Soccer Town, LLC and Soccer Town Pembroke Pines, LLC d/b/a Soccer Town (collectively, “Soccer Town”) have put in place preventative measures to reduce the spread of COVID-19 and other infectious diseases, however, Soccer Town cannot guarantee that you will not become infected with COVID-19 or other infectious diseases; NOW, THEREFORE, for good and valuable consideration, including, without limitation, being permitted to enter onto Soccer Town’s property and/or participate in activities on Soccer Town’s property, I, on behalf of myself and any personal representatives, heirs, and next of kin (collectively, the “Participant”), acknowledge and agree to the following: Participant will not enter onto Soccer Town’s property and/or participate in activities on Soccer Town’s property if Participant (a) is experiencing symptoms of COVID-19 or other infectious diseases, including, without limitation, fever, cough, or shortness of breath, or (b) has a suspected or diagnosed/confirmed case of COVID-19 or other infectious disease. Participant agrees to notify Soccer Town immediately if Participant believes that any of the foregoing might apply. Participant will strictly abide by any procedures or protocols implemented by Soccer Town to combat COVID-19 and other infectious diseases. Participant acknowledges the contagious nature of COVID-19 and other infectious diseases and the risk of becoming infected with them, and voluntarily assumes the risk that Participant may be exposed to or infected by COVID-19 or other infectious diseases by entering onto Soccer Town’s property, and/or participating in activities on Soccer Town’s property, and that such exposure or infection might result in personal injury, illness, disability, property damages, and/or death. Participant understands that the risk of such exposure or infection might result from the actions, omissions, or negligence of Participant and others, including, without limitation, Soccer Town and its members, managers, directors, officers, employees, representatives, agents, independent contractors, volunteers, coaches, assistants, trainers, event holders, event directors, event coordinators, event sponsors, event staff, event volunteers property owners, lessors, lessees, and/or other participants and their families. Waiver, Release, Indemnification, and Hold Harmless: The participant acknowledges that soccer is strenuous sport that carriers with it the potential for serious injury and even death. The risks include, but are not limited to those caused by terrain, facilities, temperature, weather, condition of athletes, health risks, overexertion, structures along or surrounding the field, equipment, actions of outside forces including but not limited to, participants, volunteers, spectators, coaches, trainers, lack of hydration, weather conditions, storms, lighting, and other factors. The Participant hereby waives, releases, and discharges from any and all liability, personal injury, paralysis, property damage, property theft or claims of any kind which may hereafter accrue to the Participant, and/or guests and/or invitees of Participant, including attorney’s fees, and litigation costs, the Company, its members, managers, directors, officers, employees, volunteers, representatives, agents, coaches, assistants, trainers, event holders, event directors, event coordinators, event sponsors, event staff, event volunteers property owners, lessors, or lessees. The Participant hereby agrees to indemnify and hold harmless the Company and entities or persons mentioned in the above paragraph from any and all liabilities or claims made in connection with participation or presence on, or en route to or from the premises, whether caused by negligence or otherwise. Assumption of Risks: The Participant further understands that soccer involves significant physical exertion and physical contact between players, that serious accidents occasionally occur during such sporting activities, and that participants in such sporting activities occasionally sustain serious personal injuries (including death) and/or property damage, as a consequence thereof. Knowing the risks associated with or related to soccer, the Participant nevertheless hereby agrees to assume those risks and hold harmless the Company. The Participant agrees to abide by all the rules and regulations as set forth by the Company and agrees to wear at all times proper soccer equipment to protect his/her safety. Medical Treatment: The Participant certifies that he/she is physically fit and has not been advised otherwise by a qualified medical person. In the event of an injury, accident and/or illness during participation the Participant hereby consents to receive medical treatment which may be deemed advisable. Severability: The Participant further expressly agrees that the foregoing agreement is intended to be as broad and inclusive as is permitted by law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Participant voluntarily agrees to assume all of the foregoing risks and accept sole and complete responsibility for any injury to Participant (including, without limitation, personal injury, illness, disability, property damages, and/or death), damage, loss, claim, liability, or expense (including, without limitation, attorney’s fees or litigation costs), of any kind, that Participant might experience, suffer, or incur, whether known or unknown, or foreseeable or unforeseeable, in connection with Participant’s presence on Soccer Town’s property and/or participation in activities on Soccer Town’s property (collectively, the “Claims”). Participant hereby releases, covenants not to sue, waives any right to sue, discharges, and holds harmless Soccer Town and its members, managers, directors, officers, employees, representatives, agents, independent contractors, volunteers, coaches, assistants, trainers, event holders, event directors, event coordinators, event sponsors, event staff, event volunteers property owners, lessors, lessees, and/or other participants and their families (collectively, the “Released Parties”), of and from the Claims, including, without limitation, all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to the Claims, whether caused by negligence or otherwise. Participant understands and agrees that this release, covenant not to sue, waiver of rights, discharge, and hold harmless, includes any and all Claims based on the actions, omissions, or negligence of the Released Parties, whether COVID-19 or other infectious disease occurs before, during, or after Participant’s presence on Soccer Town’s property and/or participation in activities on Soccer Town’s property. Participant hereby agrees to indemnify and hold harmless the Released Parties, from any and all liabilities or claims made in connection with Participant’s presence on Soccer Town’s property and/or participation in activities on Soccer Town’s property, whether caused by negligence or otherwise, including, without limitation, the Claims. Participant understands and agrees that Soccer Town is not required to provide insurance to cover Participant in the event Participant suffers personal injury, illness, disability, property damages, and/or death upon or about the property of Soccer Town. Participant understands and agrees that this Agreement is governed by the laws of the state of Florida, notwithstanding its conflict of law principles, and is intended to be as broad and inclusive as is permitted by the laws of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Participant further agrees that venue for any dispute arising out of or relating to this Agreement shall be solely and exclusively in the state or federal courts located in Miami-Dade County, Florida. Moreover, Participant agrees to, consents to, and/or hereby waives any objection to, personal jurisdiction over Participant by the state and/or federal courts located the State of Florida, and waives any defense of improper venue, forum non convenient, and/or inconvenient venue. Participant represents that Participant has read this Agreement, has had the opportunity to seek independent counsel of Participant’s own choice, and completely understands the terms and conditions and effect of this Agreement. Participant is therefore fully aware of the terms and conditions contained in this Agreement and has voluntarily and without duress entered into this Agreement and the transactions contemplated thereby. This Agreement may be amended and/or modified only by an instrument in writing executed by Soccer Town and Participant. This Agreement shall be binding upon Participant’s respective successors and assigns, and inure to the benefit of Soccer Town and the Released Parties. This Agreement may be executed in counterparts and by facsimile or electronically, which when taken together shall constitute one Agreement. PARTICIPANT HAS CAREFULLY READ AND VOLUNTARILY SIGNED THIS AGREEMENT AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, UNDERSTANDINGS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE IN RELATION TO THE SUBJECT MATTER OF THIS AGREEMENT. PARTICIPANT IS AWARE THAT BY AGREEING TO THIS AGREEMENT PARTICIPANT IS GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO RECOVER DAMAGES FROM SOCCER TOWN AND THE RELEASED PARTIES IN CASE OF PERSONAL INJURY, ILLNESS, DISABILITY, PROPERTY DAMAGES, AND/OR DEATH, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 OR OTHER INFECTIOUS DISEASE AT OR ON SOCCER TOWN’S PROPERTY AND/OR PARTICIPATION IN ACTIVITIES ON SOCCER TOWN’S PROPERTY. PARTICIPANT UNDERSTANDS THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF ALL CLAIMS. |
