IN CONSIDERATION of being permitted to participate in any way, in any kind of activity or activities, whether athletic in nature or not, at the Tuckahoe Sports, Inc. Facilities (“Activity”) I, for myself, the Minor (as defined below) and for personal representatives, assigns, heirs, and next of kin:
- ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in the 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.
- [APPLIES ONLY IF PARTICIPANT IS UNDER AGE 18] As the parent and/or legal guardian of the participant listed below (“minor”), I understand the nature of the activity 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 further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue the minor’s participation in the activity.
- FULLY UNDERSTAND THAT: (a) THE ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) the Risks may be caused by my own actions or inaction, the actions or inaction of the Minor, or the actions or inaction of others participating in the Activity, the condition in which the Activity takes place, including equipment failures of any kind; equipment misuse by myself or others; potential exposure to communicable disease (including but not limited to Covid-19/coronavirus, other viruses, bacteria, and all other infectious pathogens and disease vectors; physical injury or illness as a result of physical activity or being on the premises where the activities take place which risks may include serious injury, illness, emotional distress and death (collectively the Risks). I understand that the Risks may be caused or contributed to by my own actions or inactions, the actions or inactions of other participants, bystanders or staff, the conditions and settings in which activities take place, or the alleged or actual Negligence of the Releasees. I understand that the description and list of Risks in this agreement is not complete and that I may encounter Risk not described herein, known and unknown, inherent and otherwise, in connection with activities. I VOLUNTARILY AGREE TO ASSUME ALL INHERENT AND OTHER RISKS OF INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH AND ALL RESPONSIBILITY FOR LOSSES, COSTS. AND DAMAGES I incur as a result of, or in connection with, the activities. Or THE NEGLIGENCE OF THE RELEASEES NAMED BELOW;
- To use the Tuckahoe Sports, Inc. facilities, I (and the Minor, if applicable) must be covered by private medical insurance and I (and the Minor, if applicable) agree to recover all damages first from such insurance carrier for any and all injuries that occur at the Tuckahoe Sports, Inc. facilities. Furthermore, I (and the Minor, if applicable) agree to limit any excess damages not covered by such private insurance to the maximum limitation of liability insurance that Tuckahoe Sports, Inc., or its successors or assigns, has in effect. Furthermore, I (and the Minor, if applicable) agree that in no event shall I (or the Minor, if applicable) ever seek to recover a judgment in excess of Tuckahoe Sports, Inc.’s liability insurance; and I acknowledge that there may be OTHER RISKS 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 that I (and the Minor, if applicable) incur as a result of my participation and/or that of the Minor in the Activity.
- Hereby release, discharge, and covenant not to sue Tuckahoe Sports, Inc., their respective administrators, directors, agents, officers, members, volunteers, employees, other participants, sponsors, or advertisers, and, if applicable, owner and lessor of the premises on which the activity takes place, (each considered one of the “releasees” herein) from all liability, claims, demands, losses, or damages I (and the minor, if applicable) sustain or incur to the extent those damages are caused by my own negligence or willful misconduct (or that of the minor) 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 or on behalf of the minor, makes a claim against any of the releasees, I will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorneys’ fees, loss, liability, damage, or cost which may occur as the result of such claim.
- Agree as a guest or participant at Tuckahoe Sports, Inc., photos and/or video of you may be taken for use in Tuckahoe Sports marketing materials, and/or distribution to media outlets for promotion. When you visit, you thereby irrevocably grant to Tuckahoe Sports Inc., the photographer (his/her affiliates), licensees, agents and assigns, the unrestricted right to use your likeness (or the likeness of any minor in your care) in photographs and video, and to distribute such photographs and video for editorial, trade, advertising or other purposes in any manner or medium, whether now or hereafter devised, throughout the world in perpetuity.
I have read this agreement and fully understand its terms. I understand that I (and the minor, if applicable) have given up substantial rights by signing this agreement 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 allowable by law. If any provision(s) of this agreement is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall continue in full force and effect.
Today's Date: October 31, 2020