Austin Crew of Everything Social ("ACES") and Project Serve Waiver I, the undersigned player, acknowledge, agree, and understand that: 1.) Voluntarily and of my own free will, I elect to participate on the sand volleyball courts. I understand that there are certain risks and hazards involved in participating in sand volleyball that may result in injury or death to me or other players, including, but not limited to those hazards associated with weather conditions, playing conditions, court design, court maintenance, court condition, equipment, or other participants. 2.) I understand that the very nature of the game of Sand Volleyball is hazardous and risky, including but not limited to, the acts of serving, setting, spiking, bumping, and receiving a Volleyball, falling, tripping, slipping, running, jumping, stretching, sliding, diving, and collisions with other players and with stationary objects, all of which can cause serious injury or death to me and to other players. Further, I undersigned player, agree that in consideration for the right to play on the courts arranged for by Project Serve and Austin Crew of Everything Social, LLC, I agree as follows: 1.) I acknowledge that I have a duty to inspect the conditions of the court and areas surrounding prior to each game and throughout the game. If I begin any game or part thereof, I waive any claim for any injury arising from a defective condition of the court or surrounding area. 2.) I voluntarily elect to accept and assume all risks of injury incurred or suffered by me (a) while practicing, or playing, as a member of the team so designated, (b) while serving in a non-playing capacity as a team member during practice or play by other teams, or by other players on my team, (c) while on, or upon the premises of any and all of the courts arranged for by my team or league (Austin Crew of Everything Social), and (d) for all risks of injury associated with any latent or patent defects of the court or the improvements surrounding the court. 3.) I release, discharge, and agree not to sue Austin Crew of Everything Social LLC ("ACES") and Project Serve. In consideration of being allowed to participate on behalf of Austin Crew of Everything Social and Project Serve and related events and activities, the undersigned acknowledges, appreciates, and agrees that: - Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
- I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Austin Crew of Everything Social, Project Serve, and their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
Austin Crew of Everything Social has my permission to use the photographs or other media images such as videos publicly to promote ACES Business Interest. I understand that the images and videos may be used in print publications, online publications, presentations, websites, and for social media purposes. I also understand and agree that no royalty, fee or other compensation shall become payable to me by reason of such use. This Release shall continue indefinitely. I hereby release rights to all claims, demands, and causes to action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf of my estate have or may have by reason of this authorization. RELEASE AND WAIVER: In consideration of my desire to use, today and on all future dates, the property, facilities, staff, equipment and services of Austin Crew of Everything Social ("ACES") and Project Serve, I, for myself, my heirs, personal representatives or assigns, do hereby forever release, waive, discharge, hold harmless, and covenant not to sue Austin Crew of Everything Social, Project Serve, their respective successors and assigns, and their respective, directors, officers, employees, contractors, and agents (“RELEASED PARTIES”) from any and all liability, claims and demands which I or my heirs, assigns, next of kin, or legal representatives may have or which may ever accrue with respect to any bodily injury, personal injury, illness, death or property damage which arise or may hereinafter arise from or is in any way related to Activities, (“Activities” is defined as participation in classes, on teams, activities with staff, observation, and use of the RELEASED PARTIES’ staff, facilities, premises and equipment), with any of the Released Parties, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, FAULT, OR OTHER MISCONDUCT, OTHER THAN INTENTIONAL OR GROSSLY NEGLIGENT CONDUCT, OF ANY OF THE RELEASED PARTIES. Assumption of Risks: I understand that this use of RELEASED PARTIES’ property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. RELEASED PARTIES have facilities for and provides for activities such as social events. community outreach, clinics, classes, camps, and day care. Some of these involve situations, environments, or activities that may lead to illness, physical injuries, and psychological stress or damage catastrophic injuries including paralysis and death. I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. December 20, 2024
|