WBHNYC LIABILITY WAIVER, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(referred to below as this “Agreement”)
BY SIGNING BELOW YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.
In consideration of those participating in the organization of the Clinic (the “Organizers”) allowing me to participate in any way in the (the “Clinic”) and/or in activities or events related to the Clinic (all such activities, together with the Clinic, the “Clinic Activities”), or permitting me to use any equipment or facilities, I here agree as follows:
ASSUMPTION OF RISKS:
I am aware that participating in Clinic Activities and the sport of ball hockey in general exposes me to many inherent risks, dangers and hazards including overexertion, overheating, concussions, fractures, injuries from my lack of fitness or conditioning and from the negligence of others. As a consequence of these risks, I may be seriously hurt, become paralyzed or permanently disabled or may die from the resulting injuries, and my property may also be damaged. Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during the Clinic; and none of the Organizers, the Clinic nor any of their or its respective directors, officers, employees, agents, representatives, contractors, assigns, successors, or any person involved or affiliated with the Clinic’s creation, operation, and/or management (each a “Clinic Party” and, collectively, the “Clinic Parties”) assumes any responsibility for providing medical care during the Clinic, and I will have to pay for any medical care and/or evacuation that I incur. By engaging in any Clinic Activities, I freely accept and fully assume all inherent risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom including the risks mentioned above and other risk not listed, both known or unknown including any injury or loss cause by or resulting from the negligence of any Clinic Party or any other participants in Clinic Activities.
RELEASE OF LIABILITY WAIVER OF CLAIMS & INDEMNITY AGREEMENT: I hereby agree:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Clinic Parties.
2. T0 RELEASE the Clinic Parties from any and all liability for any loss, damage, injury or expense that I may suffer or that my next of kin may suffer as a result of my participation in Clinic Activities due to any cause whatsoever INCLUDING NEGLIGENCE, BREACH OF CONTRACT, AND BREACH OF STATUTORY DUTY OF CARE ON THE PART OF a Clinic Party or any other participant in the Clinic. This Agreement does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that New York law does not permit to be excluded by agreement.
3. TO HOLD HARMLESS AND INDEMNIFY the Clinic Parties from any and all liability for any property damage or personal injury to any third party, resulting from my activities or my participation in the Clinic Activities.
4. That this Agreement shall be effective and binding upon any heirs, next of kin, executors, administrators and assigns in the event of my death.
5. I have read and understood this Agreement prior to submitting, signing or emailing it. I am aware that by either submitting, signing OR emailing this Agreement, I am waiving certain legal rights which I or any heirs, next of kin, executors, administrators and assigns may have against the Clinic Parties.
6. I affirm that I am 21 years of age or older.
7. SPORTSMANSHIP AND FAIR PLAY:
a. I have read, understand, and will abide by the rules of the Clinic. b. I understand that I am responsible for my own fouls and behavior.
c. I understand that if it is reported by a referee, Clinic official or a Clinic participant that I have behaved in an unsportsmanlike manner or have not played by the rules that I could be suspended or expelled from the Clinic with no refund. d. I understand that my team captain is the only person from my team who can approach and address a referee or the opposing captain during a game. It is my responsibility to let my captain know of my concerns so he or she can appropriately address the concerns.
8. I also understand that the Clinic and Clinic activities may be photographed, filmed, or recorded, and consent to the Clinic Parties’ use and publication of my photograph, audio recordings, or other depictions or publications concerning WBHNYC.
9. SEVERABILITY: I agree that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY as broad and inclusive as is permitted by New York law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any provision found to be invalid or unenforceable will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Agreement.
FOR PARTICIPANTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF REGISTRATION)
This is to certify that I, as a parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Clinic Parties, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Clinic Parties from any and all liabilities incident to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE CLINIC PARTIES, to the fullest extent permitted by law.
____________________________ Participant Full Name
____________________________ Participant Date of Birth
____________________________ Parent/Guardian Full Name (for participants of minority age)
____________________________ Signature
____________________________ Name Printed
____________________________ Date
(referred to below as this “Agreement”)
BY SIGNING BELOW YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.
In consideration of those participating in the organization of the Clinic (the “Organizers”) allowing me to participate in any way in the (the “Clinic”) and/or in activities or events related to the Clinic (all such activities, together with the Clinic, the “Clinic Activities”), or permitting me to use any equipment or facilities, I here agree as follows:
ASSUMPTION OF RISKS:
I am aware that participating in Clinic Activities and the sport of ball hockey in general exposes me to many inherent risks, dangers and hazards including overexertion, overheating, concussions, fractures, injuries from my lack of fitness or conditioning and from the negligence of others. As a consequence of these risks, I may be seriously hurt, become paralyzed or permanently disabled or may die from the resulting injuries, and my property may also be damaged. Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during the Clinic; and none of the Organizers, the Clinic nor any of their or its respective directors, officers, employees, agents, representatives, contractors, assigns, successors, or any person involved or affiliated with the Clinic’s creation, operation, and/or management (each a “Clinic Party” and, collectively, the “Clinic Parties”) assumes any responsibility for providing medical care during the Clinic, and I will have to pay for any medical care and/or evacuation that I incur. By engaging in any Clinic Activities, I freely accept and fully assume all inherent risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom including the risks mentioned above and other risk not listed, both known or unknown including any injury or loss cause by or resulting from the negligence of any Clinic Party or any other participants in Clinic Activities.
RELEASE OF LIABILITY WAIVER OF CLAIMS & INDEMNITY AGREEMENT: I hereby agree:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Clinic Parties.
2. T0 RELEASE the Clinic Parties from any and all liability for any loss, damage, injury or expense that I may suffer or that my next of kin may suffer as a result of my participation in Clinic Activities due to any cause whatsoever INCLUDING NEGLIGENCE, BREACH OF CONTRACT, AND BREACH OF STATUTORY DUTY OF CARE ON THE PART OF a Clinic Party or any other participant in the Clinic. This Agreement does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that New York law does not permit to be excluded by agreement.
3. TO HOLD HARMLESS AND INDEMNIFY the Clinic Parties from any and all liability for any property damage or personal injury to any third party, resulting from my activities or my participation in the Clinic Activities.
4. That this Agreement shall be effective and binding upon any heirs, next of kin, executors, administrators and assigns in the event of my death.
5. I have read and understood this Agreement prior to submitting, signing or emailing it. I am aware that by either submitting, signing OR emailing this Agreement, I am waiving certain legal rights which I or any heirs, next of kin, executors, administrators and assigns may have against the Clinic Parties.
6. I affirm that I am 21 years of age or older.
7. SPORTSMANSHIP AND FAIR PLAY:
a. I have read, understand, and will abide by the rules of the Clinic. b. I understand that I am responsible for my own fouls and behavior.
c. I understand that if it is reported by a referee, Clinic official or a Clinic participant that I have behaved in an unsportsmanlike manner or have not played by the rules that I could be suspended or expelled from the Clinic with no refund. d. I understand that my team captain is the only person from my team who can approach and address a referee or the opposing captain during a game. It is my responsibility to let my captain know of my concerns so he or she can appropriately address the concerns.
8. I also understand that the Clinic and Clinic activities may be photographed, filmed, or recorded, and consent to the Clinic Parties’ use and publication of my photograph, audio recordings, or other depictions or publications concerning WBHNYC.
9. SEVERABILITY: I agree that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY as broad and inclusive as is permitted by New York law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any provision found to be invalid or unenforceable will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Agreement.
FOR PARTICIPANTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF REGISTRATION)
This is to certify that I, as a parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Clinic Parties, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Clinic Parties from any and all liabilities incident to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE CLINIC PARTIES, to the fullest extent permitted by law.
____________________________ Participant Full Name
____________________________ Participant Date of Birth
____________________________ Parent/Guardian Full Name (for participants of minority age)
____________________________ Signature
____________________________ Name Printed
____________________________ Date