ACADEMY TRY-OUT PARTICIPANT WAIVER AND RELEASE This waiver and release (the “Waiver and Release”) of the below named participant (the “Participant”) is for the benefit of, and enforceable by, SDFC Team, LLC, Major League Soccer, LLC, Soccer United Marketing, LLC, Pro Soccer Development, LP, Player Development, LLC, the owners, operators, lessees and/or managers of any facility where a Try-Out is held, and any and all of the foregoing parties’ related entities, subsidiaries, affiliates, insurers, attorneys, employees, officers, directors, members, shareholders, partners, representatives, administrators, volunteers, agents, commercial partners, sponsors, endorsers and supporters that currently exist or that may exist in the future (collectively, the “Released Parties”).
In consideration of permitting the Participant to participate in one (1) or more amateur soccer try-outs (each individually and collectively, the “Try-Out”), the Participant hereby unconditionally and irrevocably, represents, warrants, agrees and declares as follows:
1. I (a) am medically fit to participate in the Try-Out; (b) will fully comply at all times with all instructions and directions of any SDFC Team, LLC representative(s) (each a “Representative”); (c) understand that participating in the Try-Out may be cancelled at any time by any Representative; (d) will immediately advise a Representative if I feel anything to be unsafe about the Try-Out; (e) will not participate in the Try-Out if I am under the influence of intoxicating drugs or alcohol; and (f) have obtained adequate medical, disability and/or life insurance or other monies to cover losses to myself.
2. I hereby freely acknowledge, accept, and assume the risks that may arise from participating in the Try-Out. I hereby acknowledge that participating in the Try-Out is an inherently dangerous activity. I understand that such risks may result in a full range of injuries, from minor to severe, including the possibility that I might suffer serious permanent disability, paralysis, or death. This assumption of risk applies to all risks of personal injury, death, loss, or property damage that result from my own actions, inactions, active negligence or passive negligence, or the actions, inactions, active negligence or passive negligence of the Released Parties or others (which may include negligent rescue operations or any other negligent acts) the conditions of the premises and of any equipment used in connection with the Try-Out.
3. I understand that the Try-Out and/or my participation in the Try-Out may be photographed and/or recorded. I grant the Released Parties and their designees and licensees the absolute and irrevocable right to use, modify, publish, publicly display and copy my name, likeness, picture, voice, biographical information, written or oral statements and any photographs, video, or sound recordings taken of me without compensation, for illustration, trade, advertising, marketing, promotion and in any and all media now existing or hereafter developed, throughout the world, without restrictions or limitations. I hereby waive any right of approval or claim to compensation for such use.
4. I hereby irrevocably release, waive, discharge and promise not to sue the Released Parties for the following: (a) any and all claims, liability, injury, death, losses or damages to my person or property arising from, attributable to or in connection with me participating in the Try-Out, and (b) any and all claims and demands arising out of or in connection with any use, blurring, alteration, or use in composite form of my name, picture, likeness, voice, biographical information, written or oral statements or any photographs, video, or sound recordings taken of me, including, but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity.
5. I understand and agree that this Waiver and Release covers, without limitation: (a) all damages for personal injuries, mental distress, wrongful death, loss of consortium, loss of wages, loss of earning power or capacity, income or other pecuniary loss, medical and hospital bills, any other related expense or cost, and any and all property damages; (b) all such injuries and damages, even if caused by the fault or negligence, in whole or in part, of the Released Parties themselves, their employees, agents or representatives, or their contractors, subcontractors, or their agents, employees and representatives; and (c) all such injuries and damages, however caused, even if I claim or contend they were caused in whole or in part by a dangerous or defective condition of a Released Party’s property, facilities or equipment.
6. I also agree to indemnify, defend and hold harmless each Released Party from (a) any third party claims or threats of claims asserted arising from, related to or in connection with me participating in the Try-Out; and (b) any claims or proceedings for personal injury, death or property loss brought by me or any of my personal or legal representatives, executors, administrators, successors and heirs arising from, related to or in connection with me participating in the Try-Out. 7. I acknowledge that participating in the Try-Out does not guarantee in any way that I will be invited to join San Diego FC’s youth football academy, and that San Diego FC may decide in its sole and absolute discretion who is invited to join its youth football academy. 8. The Try-Out may take place over multiple days in multiple locations, and this Waiver and Release shall apply to my participation in any and all parts of the Try-Out.
9. This Waiver and Release is intended to be as broad and inclusive as permitted by law, and if any portion is held to be invalid, illegal, or unenforceable under applicable law, I agree that such provision shall be interpreted or amended to the limited extent necessary to make such provision enforceable and to give effect to the intent of the Released Parties. If no such interpretation or amendment is possible, then the unenforceable term shall be severed from this Waiver and Release and shall not affect the validity and enforceability of the remaining terms. In any action to enforce this Waiver and Release, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
10. This Waiver and Release is binding upon and enforceable against me as well as my estate, personal representatives, legal representatives, executors, guardians, conservators, heirs, executors, administrators, next of kin and assigns and shall inure to the benefit of the Released Parties.
11. This Waiver and Release and any dispute or claim arising out of or in connection with it (including, without limitation, any dispute or claim relating to non-contractual obligations) shall be governed by and construed in accordance with the laws of the State of California.
12. This Waiver and Release contains the entire agreement between the Participant and the Released Parties with respect to the subject matter hereof and may be modified or amended only by written agreement of the Participant and a representative of SDFC Team, LLC. * * * * * * * * *
PARENTAL CONSENT
If Participant is under 18 years of age, the undersigned hereby represents and warrants that he or she is the parent or legal guardian of the Participant and has the full right and authority to enter into this Waiver and Release on the Participant’s behalf, and, acting in such capacity, acknowledges and accepts the terms and conditions of this Waiver and Release in their entirety. The undersigned further agrees to indemnify, defend, and hold harmless each and all of the Released Parties from all liability, damages, claims, fees or costs whatsoever as may be imposed upon said Released Parties because of any defect in or lack of such capacity to so act.
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