Participant Release, Assumption of Risk, Waiver of Liability, and Indemnification Agreement (“Agreement”)This Agreement is dated as of the Effective Date, which is the last date identified below, and is entered into between West Invest LLC d/b/a Heartland Athletics, referred to in this Agreement as “Heartland Athletics,” and the undersigned parent or legal guardian (“Guardian”). If any minor child or children are named in the signature block below, the Guardian signs this Agreement on behalf of and as parent or legal guardian for such minor child or children, collectively referred to as the “Child Participant.” The Guardian and Child Participant are collectively referred to as the “Participant.” This Agreement is made to and for the benefit of Heartland Athletics and the Protected Parties as defined below. In consideration for entry onto any premises, facility, field, park, indoor training space, outdoor area, parking area, sidewalk, surrounding property, or other location where Heartland Athletics Activities occur, including any Activities that may occur at 2310 E 23rd Street, Fremont, Nebraska 68025, or at any other location wherever located, collectively referred to as the “Premises,” and in consideration for participation in the “Activities” defined below, the undersigned agrees as follows. For purposes of this Agreement, “Guests” means any individual, including but not limited to friends, family members, spectators, invitees, or other attendees, who enters the Premises, attends an event, or is present at a Heartland Athletics Activity but is not a Participant as defined above.
1. Nature of the ActivitiesWest Invest LLC d/b/a Heartland Athletics is a youth sports organization that allows Participants to participate in a variety of physical, recreational, developmental, competitive, instructional, and team-based Activities, including but not limited to tryouts, evaluations, practices, training sessions, camps, clinics, games, tournaments, team events, conditioning, skill development, indoor training, outdoor field activities, and other organized or spontaneous sports and games. These Activities and games can produce many benefits for the Participant, including enjoyment, improved physical fitness, increased skill development, confidence, teamwork, discipline, sportsmanship, increased energy, greater enjoyment of life, and various health benefits. However, Heartland Athletics feels it is essential that Participants understand these Activities are active and vigorous and, consequently, involve risks of injury inherent to the activity. Even though Heartland Athletics (a) may provide instruction in some Activities, (b) may provide general supervision of Activities, (c) has developed rules and policies that focus on safety, and (d) strives to provide a safe and positive environment, it is impossible to eliminate all risk and possibility of injury. While Heartland Athletics strives to provide a safe environment and enforce safety rules, no environment, field, facility, premises, or activity can be made completely risk-free, and Heartland Athletics cannot guarantee the prevention of all injuries or accidents. Baseball Activities: Baseball-related Activities may include, but are not limited to, throwing, catching, batting, bunting, pitching, catching drills, fielding, running, sliding, agility drills, conditioning, stretching, warmups, use of baseballs, bats, gloves, helmets, bases, tees, nets, batting cages, pitching machines, protective screens, training equipment, and other baseball-related equipment. 2. Types of RisksThe Activities available from Heartland Athletics include, but are not limited to, sports tryouts, evaluations, practices, training sessions, camps, clinics, games, tournaments, team events, conditioning, strength and agility work, indoor training, outdoor field activities, participation in other sports or games, and other Activities. Participation in these Activities involves certain inherent risks that cannot be eliminated, even with the exercise of reasonable care by Heartland Athletics. Inherent risks may be divided into two categories. The first category includes risks inherent in participation in any physical activity, such as over-exertion, loss of balance, slips, trips, falls, dehydration, heat-related illness, cold-weather exposure, weather-related conditions, improper movement, collisions, unexpected conduct by other Participants, or unexpected failure of equipment. The second category includes risks specific to the type of Activity being performed. For example, in sports and athletic training, Participants may be injured through contact with other Participants, contact with equipment, repetitive movement, improper form, changing field or facility conditions, or unexpected actions by other Participants or Guests. Other inherent risks include, but are not limited to, unpredictable or unsafe conduct by other Participants, unexpected equipment malfunction or breakage, errors in judgment or supervision by coaches, staff, or volunteers, weather conditions, field conditions, uneven surfaces, holes, wet grass, mud, dirt, turf, gravel, concrete, parking areas, sidewalks, fences, dugouts, and other conditions present at indoor or outdoor facilities. By participating in any Activity, the Participant acknowledges and assumes all such inherent risks, whether or not specifically described herein. Some areas or Activities may be unsupervised, minimally supervised, or only generally monitored. Participant acknowledges and assumes all risks associated with participation in any unsupervised or minimally supervised Activities or areas.
Baseball-Specific Risks: In baseball Activities, Participants may be struck by a ball, bat, helmet, glove, base, or other equipment; collide with another Participant, coach, Guest, fence, wall, net, screen, dugout, base, or other object; fall while running, fielding, or sliding; sustain arm, shoulder, elbow, knee, ankle, joint, muscle, or head injuries; experience injury from batting, pitching, catching, fielding, throwing, sliding, conditioning, or repetitive athletic movement; or be injured through use or malfunction of batting cages, pitching machines, nets, screens, tees, protective equipment, or other training equipment.
3. Types of InjuriesParticipants acknowledge that several types of injuries can occur in connection with the Activities. Such injuries include, but are not limited to, the following: First is the common minor injury. This type includes muscle strains, sprains, bruises, cuts, scrapes, abrasions, and contusions. The second type of injury is a severe injury. Serious injuries include broken bones, ligament injuries, tendon injuries, joint injuries, concussions, eye injuries, facial injuries, dental injuries, heat exhaustion, dehydration, and other medical conditions. The third type of injury is a catastrophic injury. Some catastrophic injuries include traumatic brain injury, paralysis, cardiac events, permanent disability, and death. Even though the likelihood of such an injury is remote, Participants should know all possibilities and understand that sports, physical activity, contact, equipment use, athletic movement, and vigorous games may increase injury risk. 4. Assumption of RisksOn behalf of myself and as the parent or legal guardian of the Child Participant(s), I warrant I have read this Agreement in its entirety, acknowledge that the Activities contain inherent risks which vary depending upon the Activity, understand the demands of the Activities relative to Participant’s physical condition and skill level, appreciate the types of injuries that may occur as a result of the Activities and their potential impact on the safety, well-being, and lifestyle of the Participant, and assert that participation is voluntary and that all Participants knowingly assume all risks inherent with the Activities including sports, contact, vigorous games, athletic movement, equipment use, indoor training, outdoor field activities, and sport-specific instruction or competition.
5. Communicable DiseasesParticipant acknowledges the contagious nature of COVID-19 and other communicable diseases and voluntarily assumes the risk of exposure or infection. Participant agrees that the Protected Parties are not liable for any illness or injury arising from such exposure. Participant agrees that the Participant should not attend Heartland Athletics Activities while sick, contagious, feverish, or under medical instructions to avoid group activities.
The next section is a legal release of your right to sue. Please read it carefully
6. Release of ClaimsTO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT (AND ON BEHALF OF HIS OR HER HEIRS, EXECUTORS AND REPRESENTATIVES) HEREBY RELEASES AND AGREES NOT TO SUE WEST INVEST LLC D/B/A HEARTLAND ATHLETICS, RUFF HOUSE FAMILY ENTERTAINMENT CENTER, LANDLORDS, PROPERTY OWNERS, FACILITY OWNERS, FIELD OWNERS, MUNICIPALITIES, PARKS AND RECREATION DEPARTMENTS, SPONSORS, PARTNER ORGANIZATIONS, AND ANY OF THEIR AFFILIATES OR SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, SUCCESSORS, ASSIGNS, VOLUNTEERS, COACHES, ASSISTANT COACHES, INDEPENDENT CONTRACTORS, EQUIPMENT PROVIDERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, THE “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT OR OTHER COSTS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY BODILY INJURY TO OR DEATH OF PARTICIPANT OR DAMAGE TO OR LOSS OF PARTICIPANT’S PROPERTY: (a) DURING OR RELATING TO PARTICIPANT’S PARTICIPATION, WHETHER ACTIVELY OR PASSIVELY, IN ANY SPORTS, ATHLETIC, TRAINING, INSTRUCTIONAL, RECREATIONAL, COMPETITIVE, OR TEAM-RELATED ACTIVITIES, USE OF ANY EQUIPMENT, INSTRUCTION, TRAINING, COACHING, CLASSES, PRACTICES, TRYOUTS, EVALUATIONS, CAMPS, CLINICS, GAMES, TOURNAMENTS, OBSERVATION, USE OF ANY PORTION OF THE PREMISES, FIELDS, FACILITIES, INDOOR TRAINING SPACES, OUTDOOR AREAS, INCLUDING, BUT NOT LIMITED TO, ASSOCIATED SIDEWALKS AND PARKING LOTS, AND ANY COMPETITION, EVENT, OR PROGRAM SPONSORED BY OR AFFILIATED WITH THE PROTECTED PARTIES (COLLECTIVELY, “ACTIVITIES”); (b) OCCURRING IN AND/OR ABOUT THE PREMISES OR OTHER PREMISES, FIELDS, FACILITIES, PARKS, INDOOR TRAINING SPACES, OUTDOOR AREAS, PARKING LOTS, SIDEWALKS, OR SURROUNDING AREAS WHERE ANY OF THE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, OR IN TRANSPORTATION TO AND FROM ANY OF THE ACTIVITIES; (c) RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PERSONAL PROPERTY OF PARTICIPANT; OR (d) RELATING TO THE RIGHT TO SUE THE PROTECTED PARTIES FOR ANY LOSS SUFFERED BY PARTICIPANT, PARTICIPANT’S HEIRS, EXECUTORS, FAMILY, PARENTS, AND/OR GUARDIANS DUE TO THE ORDINARY NEGLIGENCE, FAULT, OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANTS. THE RELEASE CONTAINED IN THIS PARAGRAPH WILL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE, FAULT, OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANTS, TO THE FULLEST EXTENT PERMITTED BY LAW. THIS RELEASE DOES NOT APPLY TO CONDUCT THAT CANNOT LEGALLY BE WAIVED UNDER NEBRASKA LAW.
7. Indemnity. GUARDIAN (ON HIS/HER BEHALF, ON BEHALF OF THE CHILD PARTICIPANT(S), IF ANY, AND ON BEHALF OF EACH SUCH PARTICIPANT’S HEIRS, EXECUTORS AND REPRESENTATIVES) AGREES TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, SUITS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, LIENS, JUDGMENTS, SETTLEMENTS, PROCEEDINGS, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT OR OTHER COSTS) OF ANY NATURE WHATSOEVER FOR OR RELATING TO DEATH, BODILY INJURY OR PROPERTY LOSS OR DAMAGE RESULTING FROM, RELATING TO, OR CAUSED BY (WHETHER IN WHOLE OR IN PART) ANY OF THE FOLLOWING MATTERS (WHICH NECESSARILY INCLUDE ALL CLAIMS THAT DO OR MAY BELONG TO THE CHILD PARTICIPANT(S)): (a) PARTICIPANT’S ACTS, OMISSIONS OR PRESENCE ON OR ABOUT ANY PART OF THE PREMISES OR OTHER PREMISES, FIELDS, FACILITIES, INDOOR TRAINING SPACES, OUTDOOR AREAS, PARKING LOTS, SIDEWALKS, SURROUNDING AREAS, OR OTHER LOCATIONS WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE; (b) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN, OR OBSERVANCE OF, ANY OF THE ACTIVITIES; (c) ANY CLAIMS ARISING OUT OF THE NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, OR WILLFUL ACTS OR OMISSIONS OF PARTICIPANT OR ANY GUEST OR INVITEE OF HEARTLAND ATHLETICS; (d) PARTICIPANT’S USE OF ANY FIXTURES, EQUIPMENT, FIELDS, FACILITIES, PREMISES, OR PERSONAL PROPERTY IN, ON OR ABOUT PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE; (e) ANY CLAIM BROUGHT BY OR ON BEHALF OF THE CHILD PARTICIPANT; OR (f) ANY LACK OF AUTHORITY BY THE GUARDIAN TO SIGN THIS AGREEMENT ON BEHALF OF THE CHILD PARTICIPANT. THE INDEMNITY CONTAINED IN THIS PARAGRAPH WILL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE, FAULT, OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT, TO THE FULLEST EXTENT PERMITTED BY LAW, BUT WILL NOT APPLY TO THE EXTENT ANY SUCH INJURY OR DAMAGE IS CAUSED BY CONDUCT THAT CANNOT LEGALLY BE WAIVED UNDER NEBRASKA LAW.
8. Guardian Responsibility, Supervision, Pick-Up, and Participant ConductI Agree Guardians acknowledge that youth sports Activities may involve practices, tryouts, evaluations, games, tournaments, camps, clinics, and team events where Participants are commonly dropped off or released to the care and direction of coaches, staff, volunteers, or representatives for the duration of the scheduled Activity. Guardians agree that: (a) the Guardian is responsible for determining whether the Child Participant is physically, emotionally, and behaviorally able to participate in the scheduled Activity; (b) the Guardian must provide accurate contact information and remain reachable by phone during the Activity; (c) the Guardian is responsible for timely pick-up of the Child Participant at the end of the scheduled Activity; (d) the Guardian is responsible for the Child Participant before the scheduled Activity begins and after the scheduled Activity ends; (e) Heartland Athletics provides supervision, coaching, instruction, evaluation, programming, and general safety and rule enforcement only during the scheduled Activity time unless otherwise expressly agreed in writing; and (f) if the Child Participant needs individualized supervision, medical support, behavior support, or assistance beyond ordinary coaching and general supervision, the Guardian is responsible for making appropriate arrangements and notifying Heartland Athletics in advance. Participants and Guests must comply with all rules and instructions, remain in designated areas, and demonstrate respectful behavior toward coaches, staff, volunteers, officials, facility representatives, other Participants, and Guests.
Heartland Athletics reserves the right to address any unsafe, disrespectful, aggressive, or disruptive behavior. Consequences for such behavior may include, but are not limited to: (a) sitting out of play or Activities; (b) being removed from a drill, practice, tryout, camp, clinic, game, tournament, or team event; (c) being asked to leave for the day; (d) requiring a Guardian or responsible adult to remain present during future Activities; or (e) temporary or permanent loss of participation privileges. Unsafe, disrespectful, aggressive, or disruptive behavior includes, but is not limited to: (a) ignoring coach instructions; (b) leaving the designated practice, field, facility, dugout, team area, or Activity area without permission; (c) throwing equipment; (d) swinging bats or using equipment outside designated areas; (e) horseplay; (f) bullying, teasing, harassment, fighting, or threatening behavior; (g) unsportsmanlike conduct; (h) disrespect toward coaches, players, families, umpires, officials, staff, volunteers, facility representatives, or spectators; or (i) use or possession of tobacco, vaping products, alcohol, marijuana, illegal drugs, or prohibited substances.
Timely Pick-Up Requirement:
Parents and guardians agree to pick up their child(ren) no later than the designated end time of the scheduled Activity, session, practice, camp, clinic, game, tournament, or event. If a parent or guardian fails to pick up their child(ren) on time, Heartland Athletics reserves the right to take appropriate action, including contacting emergency contacts or local authorities if necessary. Repeated late pick-ups may result in requiring a Guardian or responsible adult to remain present during future Activities, suspension from Activities, or loss of participation privileges.
9. Medical Fitness, Emergency Aid, and Consent to Medical TreatmentMedical Fitness:Participant (or parent/guardian) affirms that the Participant(s) has no health problems, injuries, restrictions, or medical conditions that would prevent safe participation in the Activities. Participant also agrees to attempt only Activities they believe they can perform safely and to stay in areas that will not endanger the Participant or others. Medical Clearance:Heartland Athletics recommends that all Participants receive medical clearance from their physician before participating in the Activities. Responsibility to Disclose and Cease Participation:The Participant or Guardian must inform Heartland Athletics of any medical condition, allergy, medication need, injury, restriction, disability, or special concern that may affect the Participant’s ability to safely participate. The Participant must inform Heartland Athletics and cease participation in the Activities if they experience any unusual discomfort, including but not limited to faintness, shortness of breath, high anxiety, chest pains, dizziness, unusual pain, injury, illness, or any condition that may affect safe participation.
Emergency Aid and Medical Care:Heartland Athletics may, but is not required to, administer emergency aid, CPR, and use an AED when deemed necessary. Heartland Athletics may, but is not required to, secure emergency medical care or transportation, including EMS, when deemed necessary. If staff, coaches, volunteers, or representatives determine that the Participant is incapable of safely participating in the Activities, they may terminate the Participant’s participation. Consent to Medical Treatment:Participant (or parent/guardian) hereby authorizes Heartland Athletics staff, coaches, volunteers, representatives, emergency medical personnel, physicians, hospitals, or other medical providers to obtain or provide emergency medical care, including hospital transport, as deemed necessary, and accepts financial responsibility for any associated costs. Participant acknowledges that Heartland Athletics is not required to provide such care or assistance and shall not be liable for any damages caused or resulting from the administration, provision, or non-provision of such procedures or care.
10. Smoking/Drug/Alcohol PolicyThe use, possession, or distribution of vaping products, e-cigarettes, marijuana, including medical marijuana, CBD, hemp products, illegal drugs, or alcohol is strictly prohibited by Participants at all Heartland Athletics Activities, fields, facilities, indoor and outdoor spaces, parking lots, and surrounding property where Heartland Athletics Activities are taking place. Smoking products, vaping products, tobacco-related products, alcohol, marijuana, illegal drugs, and prohibited substances are not permitted inside Ruff House Family Entertainment Center, any indoor training facility, or any indoor space used by Heartland Athletics. Adults attending or assisting with Heartland Athletics Activities are expected to act responsibly and use appropriate discretion around youth athletes, families, coaches, officials, facility representatives, and the public. Heartland Athletics reserves the right to address any concern involving smoking products, tobacco-related products, vaping products, alcohol, drugs, or other substances if the conduct creates a safety concern, disruption, facility violation, legal concern, negative public issue, or repeated concern involving Participants, families, staff, coaches, volunteers, officials, facility representatives, or the public. Any Participant found to be in violation of this policy may be directed to cease such activity and may be asked to leave the Premises, field, facility, event, or Activity. If staff, coaches, volunteers, or representatives observe the use or possession of a substance that is possibly illegal, or if a Participant or Guest is belligerent, unsafe, or disruptive, law enforcement may be notified at the sole discretion of Heartland Athletics.
11. Dispute ResolutionA. Arbitration: If a dispute arises under this Agreement or from the Participant’s use of the Premises, fields, facilities, equipment, or participation in the Activities, the Participant shall engage in reasonable faith efforts to mediate a settlement before filing a demand for arbitration. Should the dispute not be resolved by mediation, West Invest LLC d/b/a Heartland Athletics and the Participant agree that instead of resolving the dispute by a judge or jury in a court of law, any dispute or claim arising out of or relating to this Agreement, the breach thereof, the Premises, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (“Dispute”) shall be brought by the parties in their capacity and not as a plaintiff or class member in any purported class or representative capacity, and shall be settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (“AAA”) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court with jurisdiction. No award shall exceed either party's claim amount, and the arbitrator shall have no authority to award punitive or exemplary damages. If the AAA cannot hear the Dispute for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. The arbitration shall be subject to the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the Nebraska Uniform Arbitration Act (Chapter 25, Article 26 of the Nebraska Statutes). If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph.
B. Waiver of Jury Trial:GUARDIAN ON BEHALF OF THEMSELF AND THE CHILD PARTICIPANT AND WEST INVEST LLC D/B/A HEARTLAND ATHLETICS KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AGREES TO WAIVE ALL RIGHT TO A BENCH TRIAL AND A TRIAL BY JURY OF ANY CLAIMS ARISING FROM USE OF THE PREMISES, FIELDS, FACILITIES, EQUIPMENT, OR PARTICIPATION IN THE ACTIVITIES. 12. AuthorityAs the parent or legal guardian of the Child Participant(s), the undersigned represents to the Protected Parties that they have the legal capacity and authority to act for and on behalf of the Child Participant(s) and agrees to INDEMNIFY, DEFEND AND HOLD HARMLESS the Protected Parties from and against all claims or liabilities resulting from or relating to any insufficiency of the undersigned's legal capacity or authority to act for or on behalf of the Child Participant(s) in the execution of this Agreement.
13. Misc. Terms
Capitalized terms shall have the meaning set forth herein. This Agreement constitutes the entire agreement between the Protected Parties and the Participant, supersedes any previous oral or written promises or agreements, and may only be modified in writing.
The Participant further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of Nebraska. If any portion or provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, it is agreed that such invalidity or unenforceability shall not affect any other provision, and the balance of this Agreement shall continue in full legal force and effect.
Venue for any arbitration or other allowable action brought hereunder or as a result of Participant’s use of the Premises, fields, facilities, equipment, or participation in the Activities shall lie in Dodge County, Nebraska, and only the substantive laws of Nebraska shall apply.
Wherever any words are used herein in the masculine or feminine gender, they shall be construed as though they were also used in another gender in all cases where they would so apply.
Personal Property:West Invest LLC d/b/a Heartland Athletics and the Protected Parties are not responsible for lost, stolen, or damaged personal property belonging to any Participant or Guest. Loaned Equipment:Participant and/or Guardian agrees to return any equipment loaned by Heartland Athletics upon request or at the conclusion of the Activity and understands they may be financially responsible for equipment that is intentionally damaged, lost, or not returned. Rules and Policies:Participant acknowledges that rules, guidelines, schedules, team expectations, and policies are subject to change at any time at the sole discretion of Heartland Athletics, and agrees to comply with the most current version as posted, distributed, or communicated by coaches, staff, volunteers, or facility representatives. Parents, guardians, family members, spectators, Guests, and invitees are expected to behave respectfully toward players, coaches, staff, volunteers, officials, umpires, facility representatives, and other families. Heartland Athletics may ask any parent, guardian, spectator, Guest, or attendee to leave an Activity, field, facility, or event for unsafe, disrespectful, disruptive, aggressive, or inappropriate behavior. Guardian understands that parent, guardian, Guest, or spectator conduct may affect a Participant’s ability to participate in future Heartland Athletics Activities. Surveillance:Participant acknowledges that the Premises, fields, facilities, indoor training spaces, or other locations where Activities occur may be monitored for safety, security, and training purposes, including the use of video and audio recording devices in public or common areas. Training purposes may include, but are not limited to, staff development, coaching feedback, quality assurance, service evaluation, player development review, safety review, and incident review. Recordings may be reviewed by authorized personnel to improve coaching techniques, enhance staff or volunteer performance, and ensure compliance with organizational standards. Audio recording may occur at any time and may be captured by staff, coaches, volunteers, or surveillance equipment, as permitted by law and company policy. Audio and video recording are prohibited in restrooms, changing rooms, private offices, or other areas where a reasonable expectation of privacy exists. Participants and Guests may take photographs or videos for personal, noncommercial use while at Heartland Athletics Activities unless restricted by Heartland Athletics, a facility, event organizer, or applicable policy. Participant understands and agrees that they may be incidentally photographed or recorded by other Guests, Participants, spectators, staff, coaches, volunteers, facilities, or media, and waives any expectation of privacy or claims arising from such incidental inclusion. Weather/Emergency Closures: In the event of severe weather, emergency, unsafe field conditions, facility issues, air quality concerns, or other unforeseen circumstances, Heartland Athletics may close, delay, modify, relocate, reschedule, shorten, evacuate, or cancel Activities at its discretion. No refunds or credits will be issued for closures, delays, changes, or cancellations due to weather, emergencies, field conditions, facility issues, or other circumstances outside Heartland Athletics’ control unless otherwise stated in a separate written policy.
14. Communication TermsBy signing below, the Participant authorizes West Invest LLC and its current and future brands, programs, and affiliated operations (including, but not limited to, Ruff House Family Entertainment Center and Heartland Athletics) to communicate with the Participant via email, phone, text message (including recurring text messages; Msg & data rates may apply), and other communication methods regarding programs, events, memberships, registrations, tryouts, team placement, schedules, payments, promotions, updates, account information, safety notifications, surveys, and related services. The Participant understands that consent to receive marketing communications is voluntary and may be withdrawn at any time by unsubscribing from emails or opting out of text messages. Consent to receive non-marketing communications, including account, registration, safety, scheduling, team, or operational notices, may still be required to participate in programs or receive services. 15. Duration of Agreement This waiver shall remain in full force and effect from the date of signature for all entry to the Premises, fields, facilities, indoor training spaces, or other locations where Activities occur and for all participation in Heartland Athletics Activities, unless and until expressly revoked in writing by the Participant (or parent/guardian, if applicable). The waiver remains effective and enforceable regardless of any administrative expiration, renewal requests, or updates required by West Invest LLC d/b/a Heartland Athletics. Heartland Athletics may require updated waivers or information for continued participation, but any previously signed waiver remains in effect unless revoked in writing. Participant understands that revocation of this Agreement may result in Participant being unable to participate in Heartland Athletics Activities.
16. Acknowledgment & UnderstandingParticipant represents to the Protected Parties that they thoroughly understand this is a complete and final release and indemnity agreement, they are voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties have influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein and that they are not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant acknowledges that they have read this Agreement in its entirety, fully understands its terms, and understands that they are giving up substantial rights herein, including their right to sue. Participant acknowledges that they are signing this Agreement freely and voluntarily and intends, by Participant’s signature, to completely and unconditionally release the Protected Parties from all liability due to ordinary negligence and the inherent risks of the Activities to the greatest extent permitted by the laws of Nebraska. 17. LicenseFor good and valuable consideration, the receipt of which is at this moment acknowledged, Guardian, on behalf of themself and the Child Participant, irrevocably grants West Invest LLC d/b/a Heartland Athletics, Ruff House Family Entertainment Center, and related brands, programs, affiliates, assigns, licensees, and successors the right to use all or a portion of Participant’s image, likeness, voice, statements, athletic participation, team involvement, and name in all forms and media including composite or modified representations for all purposes, including advertising, trade, promotional use, community updates, team communication, internal training, coaching feedback, quality assurance, or any commercial or business purpose throughout the world and in perpetuity. GUARDIAN, ON BEHALF OF THEMSELF AND THE CHILD PARTICIPANT, WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES, VIDEOS, RECORDINGS, OR WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES, VIDEOS, RECORDINGS, OR OTHER CONTENT. GUARDIAN, ON BEHALF OF THEMSELF AND THE CHILD PARTICIPANT, RELEASES WEST INVEST LLC D/B/A HEARTLAND ATHLETICS AND ITS ASSIGNS, LICENSEES, AND SUCCESSORS FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, IMAGES, LIKENESS, VOICE, NAME, OR CONTENT, INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY OR COPYRIGHT. Heartland Athletics is permitted, although not obligated, to include Participant’s name as a credit in connection with the image, video, recording, or content. Heartland Athletics is not obligated to utilize any of the rights granted in this Agreement.
This license remains in effect unless Participant or Guardian submits a written withdrawal to West Invest LLC d/b/a Heartland Athletics. Written withdrawal must be submitted by email or another written format accepted by Heartland Athletics. Participant understands that withdrawal applies only to future use after the written withdrawal is received and processed and does not require Heartland Athletics to remove, recall, delete, or stop using materials already created, published, printed, posted, shared, distributed, or used before the withdrawal was received.
IF I AM SIGNING THIS DOCUMENT ON BEHALF OF MY SPOUSE, CHILD, FAMILY MEMBER, FRIEND, MINOR CHILD, OR OTHER PERSON, I EXPRESSLY WARRANT AND REPRESENT TO WEST INVEST LLC D/B/A HEARTLAND ATHLETICS THAT I HAVE SUCH PERSON’S ACTUAL AND IMPLIED AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION CLAUSE, WAIVER AND RELEASE, INDEMNITY AGREEMENT, MEDICAL AUTHORIZATION, COMMUNICATION TERMS, AND LICENSE.
I REPRESENT THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT(S) NAMED IN THIS WAIVER, OR I OBTAINED PERMISSION FROM THE PARENT/LEGAL GUARDIAN OF THE PARTICIPANT(S) NAMED IN THIS WAIVER TO EXECUTE THIS AGREEMENT ON THEIR BEHALF.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT. ACCORDINGLY, I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS. |
