PHOENIX VOLLEYBALL CLUB INC.
ASSUMPTION OF RISKS, WAIVER OF CLAIMS & INDEMNITY,
RELEASE OF LIABILITY, INFORMED CONSENT AGREEMENT
1. DEFINITIONS
1.1. PHOENIX VOLLEYBALL CLUB is HEREIN referred also as “ORGANIZER” or “ORGANIZATION”.
1.2. THE FOLLOWING PRODUCTS OR SERVICES, whether in-person or virtual, including but not limited to: training camp, competition, practice, tournament, game, session, lesson, class, clinic, orientation, instruction, training, personal training, strength and/or weight training, aerobic and/or anaerobic conditioning, and nutrition and/or dietary education are HEREIN referred also as “EVENT” or “ACTIVITY” or “ACTIVITIES”.
1.3. ANY ADULT of the legal age of majority OR ANY CHILD under the legal age of majority AND THEIR PARENT/GUARDIAN GIVING CONSENT to engage or participate in activities are HEREIN referred also as “PARTICIPANT” or “PARTICIPANTS”.
2. ASSUMPTION OF RISKS
2.1. I AM AWARE THAT PARTICIPATION IN ACTIVITIES, without limitation, offered by or associated with the ORGANIZATION and affiliated ACTIVITIES whether in-person or virtual, EXPOSES PARTICIPANTS TO MANY INHERENT RISKS.
2.2. BY PARTICIPATING IN ACTIVITIES, whether in-person or virtual, I FREELY ACKNOWLEDGE, ACCEPT, AND ASSUME ALL INHERENT RISKS, DANGERS, AND HAZARDS WITH THE POSSIBILITY OF PERSONAL INJURY, ILLNESS, DEATH, PROPERTY LOSS, OR DAMAGE.
3. WAIVER OF CLAIMS & INDEMNITY
3.1. In consideration of ORGANIZER and its affiliate programs providing PARTICIPANT with the opportunity to participate in their ACTIVITIES and permitting PARTICIPANT use of equipment and facilities, I HEREBY AGREE AS FOLLOWS:
3.1.1. TO WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY IN THE FUTURE HAVE AGAINST ORGANIZER and its affiliate programs and sponsors, as well as their directors, officers, employees, agents, representatives, assigns and successors.
3.1.2. TO HOLD HARMLESS AND INDEMNIFY ORGANIZER and its affiliate programs and sponsors, and all their directors, officers, employees, agents, representatives, assigns and successors FROM ANY AND ALL LIABILITY FOR ANY PROPERTY DAMAGE OR PERSONAL INJURY TO ANY THIRD PARTY, resulting from PARTICIPANTS participation in the activities and use of equipment offered by or associated with ORGANIZER.
3.1.3. THAT THIS AGREEMENT SHALL BE EFFECTING AND BINDING UPON ANY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS IN THE EVENT OF MY DEATH.
4. RELEASE OF LIABILITY
4.1. PARTICIPANT AGREES TO RELEASE ORGANIZER and its affiliate programs and sponsors, as well as all their directors, officers, employees, agents, representatives, assigns and successors FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR EXPENSE AS A RESULT OF PARTICIPATION IN ACTIVITIES offered by ORGANIZER and its affiliate programs and sponsors; due to any cause whatsoever INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OF CARE, AND/OR BREACH OF THE OCCUPIER'S LIABILITY ACT, ON THE PART OF ORGANIZER and its affiliate programs and sponsors, as well as its directors, officers, employees, agents, representatives, assigns and successors.
5. PERSONAL INFORMATION
5.1. I UNDERSTAND THAT THE ORGANIZATION and its affiliate programs, either intentionally or unintentionally COLLECTS PERSONAL INFORMATION ABOUT PARTICIPANTS and other family members. I understand that this information is USED FOR INTERNAL ADMINISTRATION PURPOSES ONLY by the organization and affiliated programs and I HEREBY CONSENT TO SUCH COLLECTION, USE, AND DISCLOSURE OF THIS PERSONAL INFORMATION.
5.2. I UNDERSTAND AND AGREE THAT PARTICIPANTS EMAIL ADDRESS MAY BE ADDED TO AN EMAIL DISTRIBUTION LIST to allow the ORGANIZATION to email information related to the activities of participation such as, but not limited to, event reminder, change of event date/time and/or location, or any other relevant information.
6. VIDEOGRAPHY AND PHOTOGRAPHY
6.1. I AUTHORIZE THE ORGANIZATION and its affiliated programs TO TAKE PHOTOGRAPHS OR VIDEO OF PARTICIPANTS DURING participation in ACTIVITIES AND TO DISPLAY TO THE GENERAL PUBLIC AND OTHERWISE USE in any format, without charge, for administrative, marketing, or promotional material.
6.2. PARTICIPANT IS PROHIBITED FROM RECORDING OR VIDEOGRAPHY OF any type of instruction or drills during any ACTIVITIES for reproduction unless authorized by ORGANIZER.
6.3. PARTICIPANT AGREES NOT TO DUPLICATE OR DISTRIBUTE ANY RECORDINGS authorized by ORGANIZATION to the general public and that any such recording is for the PARTICIPANTS exclusive personal use only.
6.4. PARTICIPANTS or spectators ARE SUBJECT TO REMOVAL FROM ACTIVITIES OR EVENT without any applicable refund if found to be in violation of paragraph items 6.2 or 6.3.
AS THE PARTICIPANT I ACKNOWLEDGE that by signing below or, by clicking on the “I agree” button or such similar acceptance process on the organizer registration page, that THIS AGREEMENT IS BINDING AND LEGAL AND I HAVE READ AND UNDERSTAND THIS AGREEMENT and the information provided within the registration.
