IT IS THE PURPOSE OF THIS AGREEMENT FOR THE PARTICIPANT (AND PARTICIPANT’S PARENT(S)/GUARDIAN(S), IF APPLICABLE) TO EXEMPT, WAIVE, RELEASE AND RELIEVE RELEASEES MGIHA AND ITS BOARD, MEMBERS AND VOLUNTEERS FROM LIABILITY FOR BODILY AND PERSONAL INJURY AND ILLNESS, INCLUDING WRONGFUL DEATH, PROPERTY DAMAGE, AND ANY OTHER LOSS SUFFERED BY PARTICIPANT CAUSED BY OR ARISING FROM
ANY NEGLIGENT ACT OR OMISSION, INCLUDNG THE NEGLIGENCE, IF ANY, OF ANY RELEASEES, WHILE PARTICIPATING IN ANY MGIHA ACTIVITY OR EVENT.
“Releasees” include MGIHA and Family Ice and their affiliate associations, local associations, member teams, event hosts, other participants, coaches, officials, sponsors, advertisers, and each of them, their officers, directors, agents and employees. By signing this Agreement, Participant acknowledges that Participant is of legal age and has read this entire Agreement and understands its contents, or, if under the age of 18, that Participant’s Parent(s)/ Guardian(s) has/have read this entire Agreement and understands its contents. For and in consideration of the undersigned Participant’s registration with MGIHA, its affiliates, local associations and member teams (collectively referred to herein AS MGIHA) and being allowed to participate in MGIHA events and member team activities, Participant
(and the parent(s)/guardian(s), if applicable) waives, releases, holds harmless, and relinquishes any and all claims and demands for liability and cause(s) of action, including for personal injury, illness, wrongful death, property damage, or any other losses incurred by Participant, arising out of participation in MGIHA events, member team activities, the sport of ice hockey, and/or activities incidental thereto, including the premises, services or facilities, whenever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that Participant (and parent(s)/guardian(s) if applicable) may have are hereby waived, released and relinquished, and Participant (and parent(s)/guardian(s) if applicable) does(do) so on behalf of my/our and Participant’s heirs, executors, administrators and assigns.
Participant (and parent(s)/guardian(s), if applicable) acknowledges, understands and agrees that the sport of ice hockey and MGIHA activities can be dangerous and involve inherent risks of injury, and assumes all risks relating to ice hockey and any member team activities, and understands that ice hockey and member team activities involve risks to Participant’s person including bodily injury, partial or total disability, illness, paralysis and death, and damages which may arise therefrom and that I/we have full knowledge of said risks. These risks and dangers may be caused by the negligence of the Participant or the negligence of others, including the “Releasees” identified above. These risks and dangers include, but are not limited to, those arising from falls, collisions, being struck by pucks, sticks or other objects, and body contact with the ice, boards and other participants, including the risks of participating with bigger, faster and stronger participants, and these risks and dangers will increase if Participant participates in ice hockey and member team activities in an age group above that in which Participant would normally participate. These risks and dangers further include risks of sickness arising from any and all communicable diseases, germs, bacteria, viruses or infections, including without limitation the virus responsible for COVID-19 and other similar viruses or infections like COVID-19 whether now known or later discovered.
Participant (and parent(s)/guardian(s), if applicable) further acknowledges that there may be risks and dangers not known or not reasonably foreseeable at this time.
Participant (and parent(s)/ guardian(s), if applicable) acknowledge, understand and agree that all of the risks and dangers described throughout this Agreement, including those caused by the negligence of Participant, a Releasee and/or others, are included within the waiver, release and relinquishment described herein.
Participant (and parent(s)/guardian(s), if applicable) acknowledges, understands and assumes the risks, if any, arising from the conditions and use of ice hockey rinks and related premises and acknowledges and understands that included within the scope of this release is any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform maintenance, inspection, cleaning, disinfecting, supervision or control of said areas and for the failure to warn of dangerous conditions existing at said rinks, for negligent selection of certain Releasees, or negligent supervision or instruction by any Releasee.
As a condition of registration and participation in MGIHA and member team activities, Participant (and parent(s)/guardian(s), if applicable) agrees to abide by and be bound under the playing rules and governing regulations of MGIHA, which adheres to the USA Hockey Bylaws and the mandatory dispute resolution and discipline provisions, as published in the current USA Hockey Annual Guide. Copies of the USA Hockey Bylaws, including the mandatory dispute resolution, discipline and arbitration provisions, are available from USA Hockey’s offices or may be found at usahockey.com/annualguide. Any dispute, claim or cause of action regarding the terms of this Agreement or its subject matter, or participation in MGIHA activities or events, shall be brought (i) individually, without resort to any form of class or collective action, and without joinder or consolidation of claims of third parties, and (ii) exclusively in the manner provided in the applicable rules of USA Hockey (including, without limitation USA Hockey Bylaw 10).
As further consideration for registration and participation in MGIHA events and member team activities, Participant (and parent(s)/guardian(s), if applicable), hereby (1) consents and agrees that MGIHA, its licensees and designees may make video and/or audio recordings of and/or otherwise film, photograph or memorialize some or all of Participant’s participation in such events and activities, and (2) grants to MGIHA, its licensees, designees, successors and assigns, a worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicenseable right and license to use, copy and disseminate Participant’s image and personal attributes, and to modify and present same in any form, manner and media, now known or hereafter devised, for any purpose whatsoever. If the law in any controlling jurisdiction renders any part of this Agreement unenforceable, the remainder of this Agreement shall nevertheless remain enforceable to the full extent, if any, allowed by controlling law. This Agreement affects your legal rights, and you may wish to consult an attorney concerning this Agreement.
Participant (and parent(s)/guardian(s), if applicable) agree if any claim for Participant’s personal injury or illness or wrongful death or property damage is commenced against any Releasee, he/she shall defend, indemnify and save harmless Releasees from any and all claims or causes of action by whomever or wherever made or presented for Participant’s personal injuries or illness, property damage or wrongful death.
Participant (and parent(s)/guardian(s), if applicable) acknowledge that they have been provided and read the above paragraphs and have not relied upon any representations of Releasees, that they are fully advised of the potential dangers of ice hockey, agrees that no oral representations, statements or inducements apart from this Agreement have been made, that they agree to and sign this document voluntarily, understanding that these waivers and releases are necessary to allow amateur ice hockey to exist in its present form. Significant exclusions may apply to MGIHA’s insurance policies, which could affect any coverage. For example, there is no liability coverage for claims of one player against another player.
MGIHA Hockey Concussion Information and Acknowledgment
All sports and free play are associated with risk for a concussion, including playing, officiating or participating in ice hockey. It is important that all participants and parents learn about concussion prevention, recognition, treatment and return to play. A concussion is a type of traumatic brain injury — or TBI — caused by a bump or blow to the head or by a hit to the body that causes the head and brain to move quickly back and forth. Bouncing or twisting of the brain in the skull can cause chemical changes and sometimes stretching of the brain cells. A concussion disrupts the way the brain normally works. Most concussions are mild, but all concussions should be taken seriously because permanent brain damage and death can occur from another injury. A concussion may be difficult to recognize. A person does not have to be “knocked-out” to have a concussion. Less than 10% of persons concussed actually lose consciousness. Signs and symptoms may show up right after the injury or can take hours or days to fully appear.
If a person reports one or more symptoms or demonstrates any signs of concussion after a blow to the head or body, s/he should be kept out of practice, play or training immediately and referred to a health care professional with experience in concussion management. A concussed brain needs time to heal and the person is much more likely to have another concussion if they return to soon. Repeat concussions are usually more severe and take longer to heal. Return to play or officiating is allowed only after the individual is without symptoms, has progressed through the MGIHA concussion protocol and is cleared by the health care professional.
MGIHA provides all participants with information and educational materials about concussions, including the risk of sustaining a concussion, how to minimize these risks, concussion signs and symptoms, and MGIHA’s program for returning to play following a concussion. MGIHA’S Concussion Management Program is similar to and can be found at the USA Hockey website at: usahockey.com/safety-concussions. By checking the box and placing my initials in the box below, participant, and participant’s parent(s) or legal guardian(s) if participant is a minor, hereby acknowledges (1) that I have had the opportunity to review information on concussions provided by USA Hockey, including the signs and symptoms of a concussion, (2) that participating in the sport of ice hockey involves the risk of sustaining a concussion and that I knowingly, freely and fully assume all such risks, (3) that any participant suspected of possibly sustaining a concussion will be removed from practice or competition (and that I will remove myself from practice or competition) and not return to practice or competition until cleared in writing by a licensed health care provider trained in the evaluation and management of concussions, and (4) that I shall follow USA Hockey’s Post-Concussion Return to Play Protocol and any applicable state law prior to returning to play. And (5) that I have read and understood MGIHA’s Waiver of Liability, Release, Assumption of Risk & Indemnity Agreement below. If you have any questions regarding this, email info@mgiha.org but do not sign up until those questions have been resolved.
