Release of Liability, Waiver of Claims and Indemnity Agreement
1. This is a binding legal agreement. As a Participant in the sport of volleyball and the programs, activities and events of the OVA, the undersigned acknowledges and agrees to the following terms:
Disclaimer
2. The OVA and its directors, officers, committee members, members, employees, volunteers, participants, agents and representatives (collectively the “Organization”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, any program, activity or event, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.
Description of Risks
3. I am participating voluntarily in the sport of volleyball and the actives, events and programs of the Organization. In consideration of my participation in the sport of volleyball and the programs, activities and events of the Organization, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the sport of volleyball and any such programs, activities and events of the Organization including injuries which can be severe and even fatal. The risks, dangers and hazards include, but are not limited to, injuries from: a) Exerting and stretching various muscle groups, strenuous cardiovascular workouts and heatstroke; b) Vigorous physical exertion, rapid movements and quick turns and stops; c) Falling, tumbling or hitting other participants; d) Falling to the ground or floor due to uneven, slippery or irregular surfaces; e) Contact, colliding or being struck by the volleyball, net, poles, other individuals, equipment, walls, stands, or benches; f) Failing to play within one’s abilities and within designated areas; g) Failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment; h) Animal attacks; including but not limited to, dogs; i) Extreme weather conditions which may result in heatstroke, sunstroke or lightning strikes; j) Spinal cord injuries which may render me permanently paralyzed; or k) Travel to and from competitive events and associated non-competitive events which are an integral part of the Organization’s activities.
4. Furthermore, I am aware: a) That injuries sustained can be severe; b) That I may experience anxiety while challenging myself during the activities, events and programs; c) That my risk of injury is reduced if I follow all rules established for participation; and d) That my risk of injury increases as I become fatigued.
Release of Liability
5. In consideration of the Organization allowing me to participate in the sport of volleyball and the programs, activities and events of the Organization, I agree: a) That my physical condition has been verified to participant in the activities, events and programs by a medical doctor within the past twelve months; b) To assume all risks arising out of, associated with or related to my participation; c) To waive any and all claims that I may have now or in the future against the Organization; d) To freely accept and fully assume all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the sport of volleyball and the activities, events and programs of the Organization; and e) To forever release the Organization from any and all liability for any and all claims, demands, actions and costs that might arise out of my participation in the activities, events and programs of the Organization, due to any cause whatsoever, even though such risks, injuries, loss, damage, claims, demands, actions or costs may have been caused by the negligence or breach of any duty of care of the Organization. Acknowledgement I have read and agree to be bound by paragraph 5. By checking the box, you agree to execute this agreement voluntarily and to be bound by this Legal Agreement, and this Agreement is binding upon yourself, your heirs, executors, administrators and representatives even if you have not read the Agreement.
ADULT WAIVER FOR MINOR PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
PLEASE READ CAREFULLY!
In consideration for allowing my minor child/ward to participate in all related events and activities of UNITY SPORTS a/o Unity Volleyball, I hereby warrant and agree:
1. I am the parent/guardian having full legal responsibility for decisions regarding my minor child/ward, namely; and
2. I am familiar with and accept, on behalf of myself and my minor child/ward that there is the risk of serious injury and death in participation in Volleyball/Beach Volleyball and in competitive Volleyball/Beach Volleyball in particular; and
3. I have satisfied myself and believe that my minor child/ward is physically, emotionally and mentally able to participate in this program, and that his/her equipment is mechanically fit for his/her use in this program; and
4. I understand, and will instruct my minor child/ward, that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with my minor child/ward; and
5. I will immediately remove my minor child/ward from participation, and notify the nearest official, if at any time I sense or observe any unusual hazard or unsafe condition or if I feel that my minor child/ward has experienced any deterioration in his/her physical, emotional or mental fitness for continued participation in the program.
6. I authorize UNITY SPORTS a/o Unity Volleyball to consent to emergency medical treatment in accordance with the best interests of my minor child/ward, should I not be present at the relevant time to grant consent myself.
I UNDERSTAND AND AGREE, ON BEHALF OF MY MINOR CHILD/WARD, HIS/HER HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:
1. AN UNQUALIFIED ASSUMPTION OF ALL RISKS associated with participation in this program by my minor child/ward even if arising from negligence or gross negligence, including any compounding or aggravation of injuries caused by negligent first aid operations or procedures, of the program organizer, the program venue and any persons associated therewith or participating therein; and
2. A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I have or may in the future have against UNITY SPORTS a/o Unity Volleybal, and its directors, officers, employees, guides and representatives, advertisers, other participants, sponsors (all of whom are collectively referred to as “the Releasees”) from any and all liability for any loss, damage, injury or expense that my minor child/ward may suffer, or that his/her next of kin may suffer as a result of his/her use of or presence at, the Volleyball/Beach Volleyball , facilities, due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS LIABILITY ACT OR ANY OTHER RELEVANT STATUTES, on the part of the Releasees.
3. AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation of my minor child/ward in the program; and
4. AN AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the Releasees or otherwise.
5. AN ACKNOWLEDGMENT that I HAVE READ THIS DOCUMENT THOROUGHLY..
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH MY MINOR CHILD/WARD, HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS AND I MAY HAVE AGAINST THE RELEASEES.
I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.
