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This release is executed on the acceptance of the electronic signature of the person(s), parent, or legal guardian whose name appears below in the City of Beavercreek, County of Greene, State of Ohio, referred to as releasor.

BY ACCEPTING THE TERMS AND CONDITIONS/TYPING YOUR NAME BELOW YOU ACKNOWLEDGE THIS AS A DIGITAL SIGNATURE, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING OUR PARTICIPATION IN THE ACTIVITIES, I AND EACH PARTICIPANT WILL BE FOUND BY A COURT OF LAW TO HAVE WAIVED OUR RIGHT TO MAINTAIN A LAWSUIT AGAINST RELEASEES ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED RELEASEES HEREIN. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I UNDERSTAND THIS AGREEMENT, AND I VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS, INTENDING TO BE LEGALLY BOUND HEREBY.

In consideration for gaining access to DFF Soccer LLC and Dayton Functional Fitness LLC while engaging athletic performance training, practicing, competition, or for any other use at the 820-822 Distribution Drive, Beavercreek, OH 45434, on behalf of myself, my spouse, my children, my legal wards, my parents, my heirs, assigns, personal representatives, estate, and insurers (collectively, including me, to the extent participating in or otherwise affected by the Activities, the “Participants”), I hereby release, indemnify, hold harmless, discharge and covenant not to sue DFF Soccer LLC and/or Dayton Functional Fitness LLC. The Sports Facility, LLC (the operator), Miami River Enterprise (the landowner), and their respective agents, owners, partners, officers, shareholders, directors, members, affiliates, volunteers, participants, independent subcontractors including coaches and soccer officials, employees, insurers and all other persons or entities acting in any capacity on their behalf (collectively referred to as “Releasees”), as follows:

1. I acknowledge that my participation and the participation of each of the other Participants participating in athletic training, practicing, competition, or for any other use at the Facility (collectively, “Activities”) entails known and unanticipated risks that could result in physical or emotional injury, including, but not limited to concussions, broken bones, sprained or torn ligaments, paralysis, death, or other bodily injury or property damage to myself, each Participant and/or third parties. Releasees’ employees are not infallible. For example, they may be distracted or may be unaware of a participant’s health or abilities. They may give incomplete instructions or warnings, and the equipment being used may malfunction. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities.

2. AFTER AN OPPORTUNITY TO FULLY EVALUATE AND UNDERSTAND THE ACTIVITIES AND THE RISKS INVOLVED, I KNOWINGLY AND FREELY PROMISE AND AGREE, ON BEHALF OF MYSELF AND ALL OTHER PARTICIPANTS, TO ASSUME ANY AND ALL RISKS ARISING OUT OF OR RELATED TO THE ACTIVITIES, INCLUDING, WITHOUT LIMITATION, THE RISKS OF PHYSICAL INJURY, EMOTIONAL INJURY, SICKNESS, DEATH, PROPERTY DAMAGE, FALLS, COLLISIONS, THE UNAVAILABILITY OF EMERGENCY MEDICAL CARE, AND/OR THE NEGLIGENCE AND/OR DELIBERATE ACT OF ANOTHER PERSON, IRRESPECTIVE OF ANY NEGLIGENCE ON THE PART OF RELEASEES. MY PARTICIPATION AND THE PARTICIPATION OF EACH OF THE OTHER PARTICIPANTS IS PURELY VOLUNTARY, AND I HAVE ELECTED ON OUR BEHALF TO PARTICIPATE IN THE ACTIVITIES IN SPITE OF THE RISKS.

3. If I and/or any other Participant are injured, I acknowledge that we may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense, or else I agree to bear the costs myself. I UNDERSTAND AND AGREE THAT RELEASEES WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I AND/OR ANY OTHER PARTICIPANT BECOMES INJURED.

4. FOR MYSELF AND EACH PARTICIPANT, I HEREBY VOLUNTARILY AGREE TO RELEASE, INDEMNIFY, DEFEND (WITH COUNSEL ACCEPTABLE TO RELEASEES) AND HOLD RELEASEES, JOINTLY AND SEVERALLY, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, SUITS, CONTROVERSIES, JUDGMENTS, DEMANDS, INJURIES (INCLUDING DEATH), SICKNESS, DAMAGES (INCLUDING CONSEQUENTIAL DAMAGES), COSTS, EXPENSES, ATTORNEYS’ FEES, AND ANY OTHER LEGAL, EQUITABLE OR ADMINISTRATIVE ACTIONS OR PROCEEDINGS WHATSOEVER, ARISING OUT OF OR RELATED TO: (I) THE ACTIVITIES, (II) THE FACILITY, (III) THE ENTRY UPON AND USE OF THE FACILITY BY ME AND EACH PARTICIPANT, (IV) THE INVOLVEMENT OF ME AND EACH PARTICIPANT IN THE ACTIVITIES, (V) ANY ACTS OR OMISSIONS OF ME OR ANY OTHER PARTICIPANT (INCLUDING ANY PROPERTY DAMAGE AND/OR INJURY (INCLUDING DEATH) CAUSED BY ME OR ANY OTHER PARTICIPANT), (VI) ANY CHALLENGE BY ME OR ANY OTHER PARTICIPANT TO THIS AGREEMENT OR ANY PROVISION HEREOF, (VII) ANY SUIT, ACTION OR PROCEEDING BROUGHT BY ME, ANY OTHER PARTICIPANT AND/OR ANY THIRD PARTY IN VIOLATION OF THE TERMS OF THIS AGREEMENT, AND (VIII) ANY SUCH CLAIMS BASED UPON DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF RELEASEES.

5. Should Releasees or anyone acting on their behalf incur any attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs (including reasonable attorney’s fees).

6. I certify that I am and each other Participant is physically able to participate in all Activities without aid or assistance. I further certify that I am willing, on behalf of myself and each other Participant, to assume the risk of any medical or physical condition that we may have.

7. I acknowledge that I have been provided with a copy of, or otherwise shown, the rules (the “Rules”) promulgated by the Releasees which pertain to the Activities. I understand that the Rules have been implemented for the safety of all guests at the Facility, including myself and each other Participant. I acknowledge that failure to follow the rules could result in the expulsion of myself and each other Participant from the Facility.

8. This Agreement and all of its provisions shall continue and remain in effect during each and every visit to the Facility by me and each other Participant.

9. I agree that if any portion of this Agreement is found to be void or unenforceable by a court of competent jurisdiction, such portion shall be amended to the smallest degree necessary to render such clause valid and enforceable and the remaining portions shall remain in full force and effect.

10. IF THERE ARE ANY DISPUTES REGARDING THIS AGREEMENT, I ON BEHALF OF MYSELF AND EACH OTHER PARTICIPANT HEREBY WAIVE ANY RIGHT I AND EACH OTHER PARTICIPANT MAY HAVE TO A TRIAL BY JURY.

11. I further agree, on behalf of myself and each other Participant, that any litigation or other proceeding involving the Activities, the Facility or Releasees will take place solely in Greene County, Ohio and that the substantive law of Ohio shall apply.

12. I further grant Releasees the right, without reservation or limitation, the unrestricted right and copyright to photograph, videotape, and/or record me and each Participant and to use my and each Participant’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and all other promotional materials of any nature and kind. On behalf of myself and each other Participant, I hereby further expressly release and waive any demand, action, claim, license, royalty and any other right to any form of payment that I and each other Participant may have arising out of or relating to any use of our name, face, likeness, voice and/or appearance.

13. I would like to receive email promotions and discounts to the email address provided. I may unsubscribe from emails at any time.

14. I further grant Releasees the right, without reservation or limitation, to videotape, and/or record me and each Participant on closed circuit television, for monitoring and security purposes.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself or the Participant (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my family may experience or incur in connection with participating in Activities at the Facility (“Claims”). On my behalf, and on behalf of the Participant, I hereby release, covenant not to sue, discharge, and hold harmless the Releasees, their employees, agents, and representatives, of and 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 Releasees, their employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after my participating in Activities at the Facility.

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's 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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