Waiver - ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT *
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY,AND INDEMNIFICATION AGREEMENT (the "AGREEMENT")FOR AND IN CONSIDERATION of the Participant identified at the bottom of this Agreement being permitted by Soccer For Life, Inc., a Non-Profit 501(c)(3) organization, doing business as Dutch Football Club (“Dutch FC”) to participate in any way in the activity of playing any sport ("Activity"), I, for myself, the Participant, and our personal representatives, administrators, spouse, assigns, heirs, and next of kin (collectively, “I”):Acknowledge, agree, and represent that I understand the nature of the Activity, which includes physical contact with other participants and vigorous cardiovascular exercise, and that the Participant is qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I or the Participant believes conditions to be unsafe in any way for me or any other participant in the Activity, the Participant will immediately discontinue further participation in the Activity.Fully understand that (a) sports activities involve risk and dangers including but not limited to sprains, fractures, concussions, serious bodily injury, permanent disability, paralysis, infection, and death (the “Risks”); (b) these Risks may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the Releasees, as that term is defined in Section 4 hereof; and (c) there may be other risk and social and economic losses either not known to me or not readily foreseeable at this time. THE PARTICIPANT AND I KNOW THE INHERENT RISKS OF THE ACTIVITY AND FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES THE PARTICIPANT OR I INCUR AS A RESULT OF THE PARTICIPANT’S PARTICIPATION TN THE ACTIVITY.Further acknowledge, agree, and represent that I understand the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in any Activity, or related event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself and/or those I may come into contact with. I understand that the risk of becoming exposed to or infected by COVID-19 at any Activity, or related event, may result from the actions, omissions, or negligence of myself or others, including, but not limited to, Dutch FC employees, volunteers, and program participants. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL THE FOREGOING RISKS RELATED TO COVID-19 AND ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY OR ILLNESS THAT MAY OCCUR. FURTHER, I UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF DUTCH FC, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING, OR AFTER PARTICIPATION IN ANY ACTIVITY, OR RELATED EVENT.HEREBY DISCHARGE, COVENANT NOT TO SUE, AND RELEASE DUTCH FC, AS WELL AS ANY OF DUTCH FC’S MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, SPONSORS, ADVERTISERS, VENDORS, LESSORS OR AFFILIATES (ALONG WITH OTHER PARTICIPANTS AND THE OWNERS AND LESSORS OF THE PREMISES ON WHICH THE ACTIVITY TAKES PLACE) (ALL ENTITIES AND PERSONS NAMED IN THIS SECTION SHALL BE CONSIDERED A "RELEASEE"), FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES OF ANY KIND ON THE PARTICIPANT’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE OMISSIONS, ACTIONS, OR CONDUCT, INCLUDING ANY NEGLIGENT OMISSION, ACTION, OR CONDUCT OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS.FURTHER AGREE THAT IF, DESPITE THIS AGREEMENT, THE PARTICIPANT, I, OR ANYONE ON OUR BEHALVES, MAKES ANY TYPE OF CLAIM OR INSTITUTES ANY TYPE OF PROCEEDING AGAINST ANY OF THE RELEASEES, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEYS’ FEES, COURT COSTS, LOSSES, LIABILITIES, DAMAGES, OR OTHER COSTS THAT A RELEASEE INCURS, HAS INCURRED OR WILL INCUR AS THE RESULT OF SUCH CLAIM.Acknowledge and agree that, if any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to receive from the nonprevailing party reasonable attorneys' fees, court costs, and necessary disbursements in addition to all other relief to which he or it may be entitled. This Agreement shall be interpreted in accordance with the laws of Texas and performable in Collin County, Texas.I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.IF I AM SIGNING THIS WAIVER ON BEHALF OF A MINOR PARTICIPANT, I WARRANT AND REPRESENT THAT (i) I AM THE MINOR’S PARENT OR LEGAL GUARDIAN, (ii) I UNDERSTAND THE NATURE OF THE ACTIVITY CONTEMPLATED HEREIN, AND (iii) I BELIEVE THE PARTICIPANT TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY.
