COPA Soccer Training Center Liability Waiver and Publicity and Media Release Form In exchange for my being allowed to use, and/or my guest being allowed to use, facilities operated by a RELEASEE (defined below) at 2640 Shadelands Drive, Walnut Creek, California (the “PROPERTY”), I agree to the following. I agree to be solely responsible for the safety and well-being of my guest(s) and myself and agree to comply with all rules imposed by RELEASEE regarding the use of RELEASEE’S facilities and equipment. I agree always to conduct myself in a controlled and reasonable manner, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. I understand and acknowledge that the use of exercise or training equipment involves risk of serious injury, including permanent disability and death. I understand and agree that RELEASEE is not responsible for property that is lost, stolen, or damaged while in, on, or about the PROPERTY. I agree to have a fingerprint or thumbprint used as an electronic membership identification method and to allow this to be used as a check-in and security mechanism at RELEASEE’s facility. I agree and authorize RELEASEE to photograph or video myself and/or my guest(s) during training activities and to use such photographs or videos in brochures, newspapers, or other media describing or depicting its soccer or strength training operations. AGREEMENT TO RELEASE, DEFEND AND INDEMNIFY RELEASEE (defined below) will have no liability or responsibility of any sort for any CLAIM (defined below). On behalf of each RELEASOR (defined below), I release each RELEASEE from all CLAIMS against RELEASEE which any RELEASOR presently has or may have in the future, including CLAIMS which the Releasor does not presently know or suspect to exist, and including all CLAIMS for any personal injury, death or property damage any RELEASOR may suffer before or after signing this agreement. If I or any other person, entity, business or group makes any CLAIM against a RELEASEE, I will defend and indemnify RELEASEE, with attorneys selected by RELEASEE, against that CLAIM, including the payment of all RELEASEE’s attorney’s fees, costs and expenses related to the CLAIM and payment of all judgments, awards and settlement amounts related to that CLAIM. The terms of this agreement apply even if the CLAIM is caused by RELEASEE’s active or passive negligence. I and each RELEASOR waive all rights under California Civil Code Section 1542, which reads: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” I and each RELEASOR understand the significance and consequences of this specific waiver of California Civil Code Section 1542. DEFINITIONS “PROPERTY” means that real property including all land, buildings and other improvements at the Property. “RELEASEE” means each of: COPA INNOVATIONS LABORATORIES, LLC, a California limited liability company (“CIL”); COPA SOCCER TRAINING CENTERS, LLC, a California limited liability company (“CSTC”); each subsidiary of either CIL or CTSC; and the respective insurers, employees, officers, members, managers, associates, and affiliates of each of the foregoing. “RELEASOR” means each of: myself; each person who enters the PROPERTY as my guest or at my request; and the respective heirs, executors, administrators, successors, assigns and insurers of each of the foregoing. “CLAIM” means any claim, demand, liability, obligation or responsibility for any injuries or damages of any sort (including, but not limited to, any injury to any person, death of any person, damage to any property or destruction of any property) suffered by me, or by any other RELEASOR, or by any other person, entity, business or group, provided in each case: i) any RELEASOR suffers, causes, permits or is alleged to be involved in any way in the occurrence of the injury or damage; and (ii) the CLAIM is in any way related to any alleged act or omission of any RELEASSEE at or respecting any of the PROPERTY. I represent that either I am at least eighteen (18) years of age or my guardian is signing this form with me. I HAVE READ THE FOREGOING AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT. PUBLICITY AND MEDIA RELEASE FORM For good and valuable consideration, the receipt of which I hereby acknowledge, I (the undersigned) hereby give COPA STC, and its affiliates, assigns, licensees and legal representatives the irrevocable and unrestricted right to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute my Content, the Recordings and my Image in any and all media now known or hereinafter created, my picture, portrait, photograph, video, likeness and other renderings or images of me, and all testimonials, quotes, or other statements provided by me or taken or developed by COPA STC (“Materials”) in all forms of media, including without limitation photographs, video, print advertisements, newsletters, brochures, websites and social media sites (collectively, “Media”) and in all manner, including electronic, Internet and online Media and/or composite representations, for advertising, promotion, trade, training or any other lawful purposes. I understand and agree that my Content and the Recordings, including any personal information, may be used in connection with any of COPA STC commercial or non-commercial purposes including, without limitation, its sale to and/or use by COPA STC approved third parties, including COPA STC or approved third parties presentations, press conferences, printed publications, promotional materials, websites, testimonials about COPA STC or approved third parties’ products, and in the advertising of COPA STC or approved third parties’ and their respective affiliates’ goods or services, throughout the world. COPA STC takes steps to protect personal information that may be included in Content in accordance with applicable laws. All Materials submitted by me are original, not in the public domain, and do not infringe on any common law, statutory, or proprietary right of another or invade the privacy of any person. I waive any right to inspect or approve the finished product or versions of the Materials, including written copy that may be created in connection therewith. I hereby represent and warrant to COPA STC and its affiliates that: (a) I am at least eighteen (18) years of age or am represented by my legal guardian who is at least eighteen (18) years of age; (b) I have the right to provide the Content; (c) providing the Content does not violate any rights of any third party or policy, rule or confidentiality obligation of my employer or any other third party; (d) the Content is true, correct and complete and not deceptive or misleading; and (e) the Content is an accurate representation, and any testimonial provided as part of the Content reflects my honest opinions, findings, beliefs or experiences. The parties agree that: (1) nothing contained in this agreement shall be construed as making any party an agent or employee of the other; (2) COPA STC has no obligation to make use of any of the rights set forth herein; and (3) I am not owed any monetary or other consideration for use of the Content, Image or Recordings. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws provisions. In the event that a translation of this agreement is prepared and signed by the parties, this English language version shall be the official version and shall govern if there is a conflict between the two. I expressly release COPA STC, its affiliates, agents, employees, licensees and assigns from and against any and all claims which I have or may have for invasion of privacy, defamation, violation of any right to publicity, moral rights, or any other cause of action arising out of production, distribution, publication, broadcast or exhibition of COPA STC advertisements, promotions, content, programs and/or materials in which any portion of the Materials appear. This consent and release shall be binding upon my heirs, executors or assigns CORONAVIRUS/COVID-19 Assumption of Risk and Waiver of Liability 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. Order No. Ho-COVID19-09 issued by the Health Officer of Contra Costa County on April 29, 2020 has specifically authorized Childcare establishments, summer camps, and other educational or recreational institutions or programs providing care or supervision for children of all ages that enable owners, employees, volunteers, and contractors for Essential Businesses, Essential Governmental Functions, Outdoor Businesses, or Minimum Basic Operations of any business to work, subject to certain requirements. COPA Innovation laboratories, LLC a California limited liability company doing business as COPA Soccer Training Center (“COPA”) has taken steps to reduce the risk of spread of COVID-19; however, COPA cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending COPA could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK THAT MY CHILD(REN) AND I MAY BE EXPOSED TO OR INFECTED BY COVID-19 BY ATTENDING COPA AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH. I understand that the risk of becoming exposed to or infected by COVID-19 at COPA may result from the actions, omissions, or negligence of myself and others, including, but not limited to, COPA employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at COPA or participation in COPA programs (“Claims”). On my behalf, and on behalf of my children, I HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS COPA, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, OF AND FROM ALL 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 COPA, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any COPA program. I certify that I am an owner, employee, volunteer, contractor or work for a contractor/supplier for Essential Businesses, Essential Governmental Functions, Outdoor Businesses, or the Minimum Basic Operations of any business or organization, and that the enrollment of my child in the COPA program will help me to work. I expressly and knowingly waive all rights under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." I HAVE READ THIS RELEASE, AND AM FULLY FAMILIAR WITH AND AGREE TO ITS CONTENTS
Encore Gymnastics Part 1:
Release & Indemnification of All Claims & Covenant Not to Sue
This is a legally binding agreement. By signing this agreement, you waive your right to bring a court action to recover compensation or to obtain any other remedy for any injury to yourself or your property or for your death however caused arising out of your use of the facilities of Encore, Inc., now or in the future.
I hereby acknowledge and agree that the sports of gymnastics and rock climbing, and the art of dance, HAVE INHERENT RISKS. I have full knowledge of the nature and extent of all the risks inherent to gymnastics, dance, and rock climbing and to the use of the facilities of Encore, Inc., a California corporation (hereinafter referred to as the GYM), its climbing wall, its gymnastics equipment, its dance floor, and its other training facilities, including, but not limited to:
All manner of injury resulting from falling off of the climbing wall and hitting rock faces and projections, whether permanently or temporarily in place, or on the floor;
Rope abrasion, entanglement and other injuries resulting from other activities on or near the climbing wall such as, but not limited to, climbing, belaying, rappelling, lowering of the rope, rescue systems, and any other rope techniques;
Injuries resulting from falling climbers or gymnasts, or from dropped items, such as, but not limited to, bars, ropes or climbing hardware;
Failure of ropes, slings, harnesses, climbing hardware, climbing holds, anchor points, or any other part of climbing structures;
Failure of bars, balance beams, mats, floors, trampolines, rings, vaults, or any other gymnastics or dance equipment;
Injuries occasioned by the negligence of other users of the GYM, including belayers;
Cuts and abrasions resulting from skin contact with any surfaces;
Injuries resulting from landing or falling on any surfaces; and
Injuries to bones, joints, ligaments, tendons, or death.
I further acknowledge that the preceding list is not inclusive of all possible risks associated with the use of the GYM and that said list in no way limits the extent or reach of this release and covenant not to sue.
In consideration of my use of the GYM, I agree not to claim or sue for any injury or damages resulting from risks inherent in the climbing activity that I will pursue in the GYM, including, but not limited to, the risks that have been outlined above.
Release, Indemnification, Liquidation Damages and Agreement to Arbitrate
In consideration of my use of the GYM, I, the undersigned user, agree to release on behalf of myself, my heirs, representatives, successors, executors, administrators and assigns, and hereby DO RELEASE ENCORE, INC., a California corporation, its officers, agents, and employees from any cause of action, claims, or demands of any nature whatsoever, including, but not limited to, a claim of negligence, which I, my heirs, representatives, successors, executors, administrators, and assigns may now have, or may have in the future, against the GYM on account of personal injury, property damage, death, or accident of any kind, arising out of, or in any way related to my use of the GYM whether that use is supervised or unsupervised, however the injury or damage is caused, including, but not limited to, the negligence of Encore, Inc., its officers, agents, or employees.
In consideration of my use of the GYM, I, the undersigned user, agree to INDEMNIFY AND HOLD HARMLESS ENCORE, INC., its officers, agents, and employees from any and all causes of actions, claims, demands, losses, or costs of any nature whatsoever arising out of, or in any way relating to my use of the GYM.
I hereby certify the following:
That I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage that I may incur while participating in this event and to cover bodily injury or property damage caused to a third party as a result of my participation in this event. If I have no such insurance, I certify that I am personally capable of personally paying for any and all such expenses or liability.
Should it become necessary for the GYM to incur attorney’s fees and costs to enforce this agreement, or any portion thereof, I agree to pay all reasonable costs and attorneys’ fees thereby expended, or for which liability is incurred.
I, the undersigned, recognize the dangers inherent to gymnastics, dance, and/or climbing activities. I am assuming the hazard of this risk upon myself because I wish to participate in these activities. I realize that I am subject to injury from this activity and that no form of pre-planning can remove all of the danger to which I am exposing myself. I am aware that the use of a protective helmet could prevent permanent brain damage in the event of an accident. I agree to provide my own helmet if desired.
By signing this waiver, I agree that Encore, Inc. employees may photograph, film, or otherwise record me and my activities, and those of my children, while on premises. Any such photographs or recordings may be used by the management of Encore, Inc. for any use that they see fit, including, but not limited to: their own advertising, marketing, and publishing on the Internet.
Sparta In consideration of the acceptance of my/the minor’s participation in any activity ran by Sparta Tae kwon do LLC, I/the minor agree to assume the risk to such participation (which risk may include, among other things, muscle injuries, permanent disability, paralysis and even death) and on my own/the minor’s behalf and on behalf of my/the minor’s heirs, executors and administrators, release and forever discharge the released parties defined below, of and from all liabilities, claims, actions and damages, costs or expenses of any nature arising out of or in any way connected with my/the minor’s participation in such activity, and further agree to indemnify and hold each of the released parties harmless against any and all such liabilities, claims, actions, damages, costs and expenses, including but not limited to attorney’s fees and disbursements. The released parties are Sparta Tae kwon do LLC, and affiliated schools, and the owners, officers, directors, members, students, employees, agents, representatives, staff members, successors and assigns of each of the foregoing entities. I/the minor understand that this release and indemnity agreement includes any claims based on negligence, action or inaction of any of the above released parties and covers bodily injury (including death) and property damage, whether suffered by me or the minor, before, during or after such participation. I/the minor declare to be physically fit to participate in this program. I/the minor further authorize medical treatment for myself or the minor, at my/the minor cost, if the need arises. I/the minor further agree and warrant that if, at any time, I/the minor believe the conditions to be unsafe, I/the minor will immediately discontinue any further participation in the activity. This agreement shall be governed by the laws of the State of California, and any legal action relating to or arising out of this agreement shall be commenced exclusively in the Circuit Court of the Contra Costa County, California (or if such Circuit Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction). I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I/THE MINOR HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
Vibe Volleyball I/we hereby agree to indemnify and hold harmless the VB Vibe Volleyball Club, its officers, coaches, directors and volunteers from and against any and all liability for an injury which my daughter may suffer, connected with her participation in this program. In case of an emergency occurring during or in connection with any activity of the Club, I authorize any person in charge of the activity to allow medical and/or dental treatment for my daughter at my expense. I understand the VB Vibe Volleyball Club is not obligated to carry any insurance to cover these medical and/or dental expenses. Any dispute between the VB Vibe Volleyball Club and its players will be settled by independent arbitration.
Raga Yoga STUDENT WAIVER/RELEASE OF LIABILITY I, __________________, understand that yoga includes physical movements as well as an opportunity for relaxation, stress reeducation, and relief of muscular tension. Participation in yoga class includes, but is not limited to, participation in meditation techniques, yogic breathing techniques, and performing various yoga postures. Yoga postures, or asanas, are designed to exercise every part of the body―stretching and toning the muscles and joints, the spine, and the entire skeletal system. They also work on the internal organs, glands, and nerves. Yoga incorporates sustained stretching and strength-building movements to strengthen muscles and increase flexibility. Yoga postures may be experienced on the mat or on the Aerial hammock. Yoga is an individual experience. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. My signature acknowledges I understand that in yoga class I will progress at my own pace. If I experience any pain or discomfort, I will listen to my body, adjust the posture, and ask for support from the yoga teacher (the “Teacher”). I will continue to breathe smoothly. If at any point I feel overexertion or fatigue, I will respect my body’s limitations and I will rest before continuing yoga practice. Yoga is not a substitute for medical attention, examination, diagnosis, or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice yoga. By signing my name below, I acknowledge that participation in yoga classes, aerial classes, online classes, outdoor classes, workshops or special events with RagaYoga Inc, it’s teachers, guest teachers and facilitators exposes me to a possible risk of personal injury. I am fully aware of this risk. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any yoga class. I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows: I (a)irrevocably WAIVE, RELEASE AND DISCHARGE FROM ANY AND ALL LIABILITY for my death, disability, personal injury, property damage, property theft or actions of any kind which hereafter may occur to me, including my traveling to and from yoga classes, Teacher and Raga Yoga, Inc, who is hosting these classes and where sessions are being held, and each of their directors, officers, employees, volunteers, representatives, and agents; and (b) INDEMNIFY, HOLD HARMLESS AND AGREE NOT TO SUE the entities or persons mentioned in this paragraph as to any and all liabilities or claims made as a result of participation in the yoga classes, whether caused by the negligence of releasees or otherwise. I understand that upon entering any public building, there are risks, and I will not hold Raga Yoga liable for any harm or injury obtained to me in or around the perimeters by any type of scenario within or outside the class I am attending. I understand that Raga Yoga is a public facility in which airborne, droplet, or contact viruses may be present. I agree that I will not hold Raga Yoga liable for any illness which may be contracted by visiting it’s public facility, being in proximity with others, engaging in outdoor classes and for any allergic reactions to the cleaners used within the studio. I also understand I am responsible for the security of my belongings and should keep any valuables with me at all times or should not bring them into the studio. My signature further acknowledges that I shall not now or at any time in the future bring any legal action against Teacher and/or Raga Yoga, Inc; and that this waiver is binding on me, my heirs, my spouse, my children, my legal representatives, my successors, and my assigns. My signature verifies that I am physically fit to participate in yoga classes and a licensed medical doctor has verified my physical condition for participation in this type of class. If I am pregnant or become pregnant or am postnatal, my signature verifies that I am participating in yoga classes with my doctor’s full approval. I realize that I am participating in yoga classes at my own risk. The Student Waiver Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I acknowledge that this Student Waiver Agreement form will be used by the persons or entities being released in the yoga and aerial classes, workshops, and special events and that it will govern my actions and responsibilities in said classes/activities. I hereby certify that I have read this document; and, I understand its content. I am aware that this is a release of liability as well as a contract and I sign it of my own free will. I also understand at the yoga classes or related activities, I may be photographed. I agree to allow my photo, video or film likeness to be used for any legitimate purposes by the Teacher or Raga Yoga, Inc.
American Swim Academy In consideration of the acceptance of my application for entry into the above event/class, I hereby waive, release and discharge any and all claims for damages for death, personal injury or property damage which I have, or which hereafter accrue to me, against the American Swim Academy as a result of my participation in the event/class. This release is intended to discharge the American Swim Academy, its agents, and employees, and any other involved municipalities or public entitles from and against any and all liability arising out of or connected in any way with my participation in the event/class, even though that liability may arise out of negligence or carelessness on the part of persons or entitles mentioned above. I further understand that accidents and injuries can arise out of the event, knowing the risks, nevertheless, I hereby agree to assume those risks and to release and to hold harmless all the persons or entitles mentioned above who (though negligence or carelessness might otherwise be liable to me (or heirs or assigns) for damages. It is further understood and agreed that this waiver, release and assumption of risk is to be binding on my heirs and assigns.
Ultimate Fieldhouse Consent, Release and Waiver
I the undersigned, am the above named individual or legal guardian for the individual. As an inducement for and in consideration of the agreement by Ultimate Sports Association to allow the above named individual (“Participant”) to participate in the athletic activities at the Ultimate Fieldhouse (“Activities”), the undersigned parent or legal guardian of the Participant hereby acknowledges and agrees as follows:
1. I have considered, understand and appreciate that there is a risk of serious and possibly permanent injury, including brain damage or death, to me as a result of my participation in the Activities and, I KNOWINGLY AND FREELY ASSUME THOSE AND ALL OTHER RISKS, known and unknown, related to my engagement in the Activities, including but not limited to RISKS ARISING FROM THE NEGLIGENCE OF OTHERS.
2. I consent to the provision of medical care, evaluation and treatment onsite at the Ultimate Fieldhouse by Ultimate Sports Association and Muir Orthopedic Specialists, and their respective, officers, employees, agents and contractors (collectively, “Onsite Providers”). I also consent to the provision of medically necessary diagnostic and therapeutic care, evaluation and treatment, including imaging, anesthesia administration, and surgery, at inpatient and outpatient facilities, including acute care hospitals, in the case of a medical emergency, or if I am unable to provide consent or my duly authorized attorney-in-fact-is unable to respond in a timely manner. I also consent to disclosures of legally protected medical information about me between (a) Onsite Providers, (b) Onsite Providers and the head coach and other duly authorized representatives of my team, and (c) between Onsite Providers and third parties in connection with the delivery of medical care and treatment to me. I will be and remain legally responsible to pay the cost of medical and dental care, evaluation and treatment furnished to me, other than the care, evaluation and treatment furnished by the Onsite Providers at the Ultimate Fieldhouse.
3. I hereby RELEASE and AGREE TO HOLD HARMLESS the Onsite Providers, and each of them, from and against any and all claims, demands, damages, causes of action or other liability arising from any injury or other loss or damage to person or property, known and unknown, that I may suffer directly or indirectly as a result of my participation in the Activities, EVEN IF SUCH INJURY, LOSS OR DAMAGE ARISES FROM THE NEGLIGENCE OF THE ABOVE RELEASED PARTIES OR ANY OTHER PERSONS, to the fullest extent permitted by law.
4. I grant full consent and permission for Ultimate Sports Association, Ultimate Fieldhouse, John Muir Health, Muir Orthopedic Specialists, each of their affiliates and sponsors, and each of their respective officers, partners, managers, employees, and agents, to use, for any purpose whatsoever, including, without limitation, commercial purposes, the name, likeness, image, and voice of the Participant, as well as any photographs or recordings of any type of the Participant taken or made before, during or after the Activities.
5. I hereby irrevocably consent to and authorize the use by The Ultimate Fieldhouse and/or Ultimate Sports Association, John Muir Health and each organization’s respective sponsors of any and all photographs, video, voice recordings, or other media taken of me including derivative works thereof (collectively, the “Images”), and any reproduction of them in any form in any media whatsoever, whether now known or hereafter created, throughout the world in perpetuity. I also consent to the use of my name or likeness, or an assigned fictitious name, in connection with the exhibition, distribution, merchandising, advertising, exploiting and/or publicizing of Images or The Ultimate Fieldhouse and/or Ultimate Sports Association and each organization’s respective sponsors. I hereby release and discharge The Ultimate Fieldhouse and/or Ultimate Sports Association, each organization’s respective sponsors, and their respective trustees, officers, employees, licensees, and affiliates from any and all claims, actions, suits or demands of any kind or nature whatsoever, in connection with the use of Images and the reproduction thereof as aforesaid. I understand and agree that The Ultimate Fieldhouse and/or Ultimate Sports Association will be the exclusive owner of all rights, including, but not limited to, all copyrights, in and to the Images in whole or part, throughout the universe, in perpetuity, in any medium now known or hereafter developed, and to license others to so use them in any manner The Ultimate Fieldhouse and/or Ultimate Sports Association may determine in its sole discretion, without any obligation to me. I hereby waive any right that I may have to inspect and/or approve the use of the Images or any reproductions thereof, by The Ultimate Fieldhouse and/or Ultimate Sports Association and each organization’s respective sponsors. I hereby release and discharge The Ultimate Fieldhouse and/or Ultimate Sports Association and each organization’s respective sponsors.
COVID Release, Waiver
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.
The Ultimate Sports Association, a non profit 501C3 company that manages and operates out of the Ultimate Fieldhouse and its affiliate partners of Excel California, LLC, ASA Basketball, Flight Elite and Firehawks Basketball, (herin refered to as "Operators") have taken steps to reduce the risk of spread of COVID-19; however, Operators cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Operator's activites could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK THAT MY CHILD(REN) AND I MAY BE EXPOSED TO OR INFECTED BY COVID-19 BY ATTENDING OPERATOR'S EVENTS AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH. I understand that the risk of becoming exposed to or infected by COVID-19 at Operator's events may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Operator's employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren)’s attendance at Operator's events or participation in Operators programs (“Claims”). On my behalf, and on behalf of my children, I HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS USA, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, OF AND FROM ALL 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 USA, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Operators' program.
I expressly and knowingly waive all rights under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
I HAVE READ THIS CONSENT AND PERMISSION, RELEASE AND WAIVER. I UNDERSTAND THE TERMS OF THIS CONSENT, RELEASE AND WAIVER AND SIGN IT FREELY AND VOLUNTARILY.
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COIVID Self-Screening Commitment
If, within 24 hours prior to attendance of any activity at the Fieldhouse or hosted by the Ultimate Sports Association, its Onsite Providers or Operators, I am able to answer yes to any of the questions below for myself or participant (if you are completing this for a minor), I agree that I will withhold the effected individual from entering the Fieldhouse for a period of 10 days or as otherwise required by State and County protocols.
- Has participant/employee had a fever of 100.4 °F or greater in the past 10 days?
- Has the participant/employee exhibited any of these symptoms in the past 10 days including cough, shortness of breath, diarrhea, fatigue, headache, muscle aches, nausea, loss of taste or smell, sore throat, vomiting, etc
- Has participant/employee traveled nationally or internationally the past 10 days?
- Has participant/employee been in close contact with a person who has been diagnosed with, tested for, or quarantined as a result of COVID-19 the past 10 days?
By typing my name below and checking the box to the left, I agree to screen myself and/or participant prior to entering the Fieldhouse to abide by the conditions noted above.
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