ASSUMPTION OF RISK, WAIVER, AND RELEASE OF CLAIMS
This Assumption of Risk, Waiver, and Release of Claims (“Assumption, Waiver & Release”) is binding on the participant in FCDY Programs and their parent(s) or legal guardian(s) in the event that the participant is a minor (collectively “Participant”). This Assumption, Waiver & Release is effective from the date of execution and will continue in full force and effect for so long as Participant is involved in any FCDY Programs or is present on any facility used by FCDY or operated by FCDY or any affiliate of FCDY, or until such time as Participant executes another Assumption, Waiver & Release covering the same matters. For the purposes of this Assumption, Release & Waiver, “Releasees” are FCD Youth, LLC and its parents, affiliates, subsidiaries, teams, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, designees, invitees, agents, contractors (and all employees of such contractors), and other personnel.
ASSUMPTION OF RISK
A. Participant expressly understands, confirms, and agrees that the sport of soccer presents risks to Participant, and therefore there are inherent risks that come with participating in FCDY Programs. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken. For example, FCDY programs may test Participant’s physical limits, which creates an inherent risk of physical injury. Other inherent risks include, but are not limited to, contact or collision with other persons or objects, head injury, spine injury, injury to the muscular or skeletal systems, injury to internal organs, scratches, bruises, contusions, strains, sprains, fractures, verbal abuse, loss and/or damage to sight, loss and/or damage to teeth, loss and/or damage to hearing, paralysis, inadequate or negligent first aid or emergency measures, weather-related hazards, and natural hazards. Participant understands and acknowledges that any of these risks, and others not specifically listed here, could cause injuries that may be minor (for example, scrapes, bruises, sprains, nausea, cuts), serious (for example, property loss or damage, broken bones, fractures), or catastrophic (for example, rare occurrences of permanent disabilities or death, and loss of income and/or career opportunities). Participant accepts that he or she has personal responsibility for any and all costs and expenses, damages, liability, and other losses that Participant, Participant’s Parent or Legal Guardian, Participant’s heirs, next of kin, personal representatives, successors, assigns, and other persons acting or purporting to act on Participant’s or the foregoing parties’ behalves (collectively “Releasors”) may incur in connection with the foregoing risks.
B. Without limiting the foregoing, Participant assumes the risk of all conditions and consequences, dangerous or otherwise, arising from Participant’s participation in FCDY Programs in any way relating to or associated with concussions, sub-concussive blows, or traumatic brain or head injuries, including, but not limited to, possible acute and long term neurocognitive and neurophysiological consequences as a result of Participant’s activities in connection with FCDY Programs such as, without limitation, brain damage, dementia, mood disorder, and/or cognitive impairment.
C. Participant understands that by participating in FCDY Programs, Participant may be exposed, or expose others, to contagious and potentially harmful or deadly diseases, including, but not limited to, influenza, common cold, chicken pox, meningitis, or measles. Participant may also be exposed to risks while traveling (such as in vehicles when traveling to and from competitions, social events, or the airport), exposure to large crowds (such as at a competition), and exposure to risks related to receipt of treatment for any physical or mental conditions. Participant voluntarily assumes all of these and other associated risks and accepts personal responsibility for any and all damages, liability, and other losses that he or she, or Parent or Legal Guardian, or any of his or her other Releasors may incur in connection with the foregoing risks.
D. Participant understands that: (1) all data, materials, and instances of personal information (including, but not limited to, the personal information of Participant registered in FCDY Programs database) provided to the Club by Participant or generated in connection with FCDY Programs (the “FCDY Materials”) shall remain property of FCDY and (2) precautions taken by Releasees cannot completely eliminate the risk of a data breach or other unauthorized or accidental or use, access, loss, alteration, disclosure, disposal, or other exploitation of FCDY Materials. Participant voluntarily assumes all of these and other associated risks and, to the maximum extent permitted by law, accepts personal responsibility for any and all damages, liability, and other losses that he or she, or Parent or Legal Guardian, or any of his or her other Releasors may incur in connection with the foregoing risks.
E. Participant acknowledges that Participant’s participation in FCDY Programs is without assumption of responsibility or risk of any kind by the Releasees, and the Releasees make no representations or warranties of any kind with respect to Participant’s participation.
F. Participant has read this Assumption, Waiver & Release and (1) understands the nature of FCDY Programs, (2) understand the demands of those activities relative to the physical condition and skill level of Participant, and (3) appreciates the types of injuries, illnesses, and risks related to Participant’s participation in FCDY Programs and the treatment for any physical or medical condition that may occur as a result of participation in FCDY Programs. Participant hereby asserts that participation in FCDY Programs and use of related facilities and services is voluntary and that Participant knowingly assumes all related risks.
G. PARTICIPANT UNDERSTANDS, INTENDS AND ACKNOWLEDGES THAT THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT HIS OR HER LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS, AND THAT BY SIGNING THIS AGREEMENT HE OR SHE IS RELINQUISHING SUBSTANTIAL LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO PURSUE CLAIMS OR FINANCIAL RECOVERY FOR, AMONG OTHER THINGS, ACUTE AND LONG-TERM INJURIES OR ILLNESS INCURRED BY PARTICIPANT WHILE PARTICIPATING IN FCDY PROGRAMS INCLUDING, BUT NOT LIMITED TO, BRAIN OR HEAD INJURIES SUCH AS THOSE THAT MAY BE ASSOCIATED WITH CONCUSSIONS AND SUBCONCUSSIVE BLOWS, REGARDLESS OF WHETHER SUCH INJURY OR ILLNESS RESULTS FROM THE INHERENT RISKS OF THE ACTIVITY OR FROM THE NEGLIGENCE OF THE RELEASEES. THIS ASSUMPTION OF RISK APPLIES TO ALL RISKS ARISING OUT OF, ASSOCIATED WITH, OR RESULTING DIRECTLY OR INDIRECTLY FROM PARTICIPANT’S PARTICIPATION IN FCDY PROGRAMS, INCLUDING, WITHOUT LIMITATION, THE RISKS LISTED ABOVE AS WELL AS THOSE DUE TO THE NEGLIGIENCE (BUT NOT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF THE RELEASEES (AS DEFINED HEREAFTER). PARTICIPANT FURTHER ACKNOWLWEDGES THAT HE OR SHE HAS BEEN FULLY WARNED AND AWARE OF, APPROVED, UNDERSTOOD, APPRECIATED, AND ASSUMED THE RISKS OF SOCCER, INCLUDING, WITHOUT LIMITATION, THE RISKS LISTED ABOVE, PRIOR TO THE DATE OF HIS OR HER FIRST PARTICIPATION IN ANY FCDY PROGRAMS ACTIVITY. PARTICIPANT REPRESENTS AND DECLARES THAT PARTICIPANT IS PHYSCIALLY, MENTALLY, EMOTIONALLY AND INTELLECTUALLY WILLING AND ABLE TO ACCEPT, AND DOES HEREBY CLEARLY, UNAMBIGUOSLY AND EXPLICITLY ACCEPT, ALL RISKS, FORESEEN AND UNFORESEEN, ASSOCIATED WITH PARTICIPANT’S PARTICIPATION IN FCDY PROGRAMS.
WAIVER AND RELEASE OF CLAIMS
A. IN CONSIDERATION OF PARTICIPANT BEING ABLE TO PARTICIPATE IN FCDY PROGRAMS, PARTICIPANT DOES HEREBY KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY, IRREVOCABLY, AND FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DEMANDS, DAMAGES, LOSSES, JUDGMENTS, DEBTS, DUES, PAYMENTS, SUMS OF MONEY, LIENS, EXECUTIONS, RESPONSIBILITIES AND ACCOUNTS, COSTS, OR EXPENSES, OF ANY NATURE WHATSOEVER, INCLUDING IN LAW OR EQUITY, CONTINGENT OR NON-CONTINGENT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED, ACCRUED OR UNACCRUED, ASSERTED OR UNASSERTED, LIQUIDATED OR UNLIQUIDATED, WHETHER PAST, PRESENT, OR FUTURE, IN ANY WAY RELATING TO OR ARISING FROM PARTICIPANT’S ENROLLMENT IN OR PARTICIPATION WITH FCDY PROGRAMS (“CLAIMS”), EVEN IF THE RISKS AND LIABILITIES THAT PARTICIPANT IS RELEASING BY THIS AGREEMENT ARISE (A) OUT OF THE ORDINARY NEGLIGENCE OR CARELESSNESS, WHETHER ACTIVE OR PASSIVE, OF ONE OR MORE OF THE RELEASEES, OR (B) FROM ANY HIDDEN, LATENT, OR OBVIOUS DEFECTS IN ANY OF THE FACILITIES OR EQUIPMENT USED, OF ONE OR MORE OF THE RELEASEES, WHICH PARTICIPANT HAS, OWNS, OR HOLDS, EITHER NOW OR AT ANY TIME, AGAINST THE RELEASEES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THIS WAIVER AND RELEASE INCLUDES, BUT IS NOT LIMITED TO, (1) CLAIMS RELATING TO PERSONAL INJURY, ILLNESS, OR DEATH; (2) DAMAGE TO, OR LOSS OR THEFT OF, PROPERTY (INCLUDING, BUT NOT LIMITED TO, PERSONAL ITEMS, CARS, AND MONEY); (3) THE RECEIPT OF MEDICAL CARE OR TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION (WHICH SHALL BE AT PARTICIPANT’S SOLE COST); (4) USE OF FACILITIES, SERVICES, PREMISES, AND EQUIPMENT; (5) EXPOSURE TO INCLEMENT WEATHER; AND (6) INVOLVEMENT IN ACCIDENTS OF ANY KIND. PARTICIPANT FURTHER COVENANTS, PROMISES AND AGREES NOT NOW OR AT ANY TIME IN THE FUTURE, DIRECTLY OR INDIRECTLY, TO SUE OR BRING ANY ACTION AGAINST THE RELEASEES FOR ANY CLAIMS THAT ARE COVERED BY THE WAIVER AND RELEASE SET FORTH IN THIS PARAGRAPH, INCLUDING WITHOUT LIMITATION ALL CLAIMS ARISING UNDER THE TORT LAWS OF ANY STATE AND EXTENDS TO ALL DAMAGES (INCLUDING WITHOUT LIMITATION SHORT AND/OR LONG-TERM EFFECTS OF SUCH INJURY AND DEATH) WHENEVER ARISING, BUT IT SHALL NOT APPLY TO CLAIMS ARISING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF RELEASEES OR ANY RELEASEE.
B. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT MAY LATER DISCOVER CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH THE PARTICIPANT NOW KNOWS OR BELIEVES TO EXIST WITH REGARDS TO THE SUBJECT MATTER OF THIS AGREEMENT, AND WHICH, IF KNOWN OR SUSPECTED AT THE TIME OF EXECUTING THIS AGREEMENT, MAY HAVE MATERIALLY AFFECTED ITS TERMS. NEVERTHELESS, PARTICIPANT WAIVES ANY AND ALL CLAIMS THAT MIGHT ARISE AS A RESULT OF SUCH DIFFERENT OR ADDITIONAL CLAIMS OR FACTS.
C. PARTICIPANT ACKNOWLEDGES AND UNDERSTANDS THAT THE WAIVER IN THIS SECTION IS BINDING ON ALL RELEASORS.
PARTICIPANT ACKNOWLEDGMENTS
Participant acknowledges that the following statements are true and accurate and that no Releasees can be held responsible in any way if they are not: (i) Participant has consulted with Participant’s own doctor to ensure that Participant’s participation in FCDY Programs will not pose any unusual risks to Participant’s health and well-being; and (ii) Participant is in good condition physically and has not been advised or cautioned against participation in FCDY Programs by Participant’s doctor or any other medical practitioner. Participant authorizes the Releasors to secure emergency medical care or transportation (e.g., EMS) for Participant when deemed necessary by the Releasors at the sole cost of Participant.
INDEMNIFICATION
Participant, Participant’s parents and/or legal Guardian agree to indemnify and hold the Releasees harmless from any liability, claims, demands, costs, expenses, and attorneys’ fees incurred by any of the Releasees as a result of (a) Participant, or any person on Participant’s behalf, including the Releasors, asserting any claims arising from, relating to, or in connection with activities for which Participant has acknowledged and assumed risk under Section 5 and/or which is covered by the waiver and release set forth herein; and (b) all claims and amounts related to legal and other actions brought against any of the Releasees, to the extent such claims are attributable to the gross negligence or willful misconduct of Participant or a violation or breach of this Agreement.
