ASSUMPTION OF RISK AND LIABILITY WAIVER
LEAGUE DISCLAIMER
AMATEUR ATHLETIC WAIVER AND RELEASE OF LIABILITY
READ BEFORE RETURNING TO PLAY
In consideration of being allowed to participate in any way in IMPERIAL SOCCER CLUB athletic sports program, related events and activities, the participant player acknowledges, appreciates, and agrees that:
- The risks of injury and illness (ex: communicable diseases such as MRSA, influenza, and COVID-19) from the activities involved in this program are significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist; and,
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
- I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS IMPERIAL SOCCER CLUB, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY RECEIVING THIS DOCUMENT.
This list is in no way meant to be a comprehensive list of all the policies, procedures, restrictions, requirements, or rules that should be adhered to in connection with the COVID-19 situation. Everyone is encouraged to use their best judgment and discretion in dealing with situations impacting them.
These are unprecedented times and each family must make the decision for themselves to return to games. We fully and completely respect your rights and encourage you to speak to any of our directors if you have any questions or concerns.
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with participating in any fashion in the IMPERIAL SOCCER CLUB, transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. I acknowledge that this athletic league is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, and lack of hydration. These risks are not only inherent to athletics but are also present for volunteers. Inherent hazards and risks include but are not limited to: In consideration of the use of and participation in the facilities, equipment, services and activities and programs of IMPERIAL SOCCER CLUB, I agree to the following:
1. Assumption of the risk: I understand that the activities of IMPERIAL SOCCER CLUB, participation in its programs, and the use of its facilities and equipment involve physical movement, exertion, strain and other activities that create a risk of injury, including serious injury or death, as well as property damage or loss. I ASSUME ALL RISK AND FULL RESPONSIBILITY FOR BODILY INJURY, DEATH, PROPERTY DAMAGE OR LOSS, OR ECONOMIC OR FINANCIAL LOSS, REGARDLESS OF ITS SEVERITY OR CAUSE, INCLUDING THE NEGLIGENCE OF OTHERS AND IMPERIAL SOCCER CLUB’S OWN NEGLIGENCE, that I may sustain or suffer from IMPERIAL SOCCER CLUB’s activities and/or programs, use of its facilities and/or equipment, presence in or about its facilities and/or premises, or facilities and/or premises affiliated with it, or from anything related to or associated with IMPERIAL SOCCER CLUB. I understand that IMPERIAL SOCCER CLUB provides NO INSURANCE and that I participate in all activities and programs and use all facilities and equipment AT MY OWN RISK. Risk of injury from the activity and equipment utilized is significant including the potential for broken bones, severe injuries to the head, neck, and back or other bodily injuries that my result in permanent disability and or death.
2. Release: I, for myself and for my personal representatives, executors, heirs, assigns, and next of kin FULLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE IMPERIAL SOCCER CLUB and/or its owners, directors, employees, volunteers, agents and/or any person associated with IMPERIAL SOCCER CLUB (the “Releasees”) and each of them FROM ANY AND ALL CLAIMS FOR BODILY INJURY, DEATH, PROPERTY DAMAGE OR LOSS, OR ECONOMIC OR FINANCIAL LOSS, REGARDLESS OF ITS SEVERITY OR CAUSE, INCLUDING THE RELEASEE’S OWN NEGLIGENCE, that I may sustain or suffer from IMPERIAL SOCCER CLUB’s activities and/or programs, use of its facilities and/or equipment, presence in or about its facilities and/or premises, or facilities and/ or premises affiliated with it, or from anything related to or associated with IMPERIAL SOCCER CLUB.
3. Indemnity: I hereby INDEMNIFY AND SAVE AND HOLD HARMLESS the Releases and each of them FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, DAMAGES OR LOSS FOR BODILY INJURY, DEATH, PROPERTY DAMAGE OR LOSS, OR ECONOMIC OR FINANCIAL LOSS, REGARDLESS OF ITS SEVERITY OR CAUSE, INCLUDING THE RELEASEE’S OWN NEGLIGENCE, INCLUDING COURT COSTS AND ATTORNEYS’ FEES asserted by me, and/or by any member of my family, and/or any guest or person invited by me or a member of my family, including minors, arising from or related to IMPERIAL SOCCER CLUB’s activities and/or programs, use of its facilities and/or equipment, presence in or about its facilities and/or premises, or facilities and/ or premises affiliated with it, or from anything related to or associated with IMPERIAL SOCCER CLUB.
4. Governing law, venue, waiver of jury trial: I agree that this agreement and that any claims, causes of action, or suits I may have or assert against IMPERIAL SOCCER CLUB or any of the Releasees are governed by the law of the State of Texas. Venue for any suit or legal proceeding relating to this agreement or in any way to IMPERIAL SOCCER CLUB shall be exclusively in Fort Bend County, Texas. I waive all rights to jury trial in any suit or legal proceeding relating to this agreement or in any way to IMPERIAL SOCCER CLUB.
5. Possible equipment failure and/or malfunction or misuse of my own or others’ equipment.
6. Refunds: I agree that I am not entitled to any type of refund if I am not able to continue playing due to personal reasons. Partial refunds only are given when there is a medical reason. A medical proof will be required. No refunds are given for national or state emergencies, or for natural catastrophes. League expenses are spent by game one.
7. Interpretation, severability, no representations: I agree that this agreement is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any portion thereof is held invalid, the rest will continue in full legal force and effect. This agreement applies to all visits to, participation in, and uses of IMPERIAL SOCCER CLUB’s activities, programs, facilities, premises and/or equipment, past, present and future. No oral representations or statements have been made to me about the subject matter of this agreement and this agreement supersedes any such representation or statements.
8. I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR AS DECREED BY THE GOVERNING BODY OF THE SPORT I AM PARTICIPATING IN. However, protective gear cannot guarantee the participant’s safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord. I further agree that I am solely responsible for knowing, equipping and protecting myself in said gear.
9. Variation and/or steepness of the terrain, variation or changes in surfaces including but not limited to snow surfaces, ice, bare spots, rocks, stumps, debris, cliffs, trees, fences, posts, trees, light poles, signs, buildings, roads, walkways, ramps, rails, stairs, pyramids, manual pads, bowls, half-pipes, jumps, padded and non-padded barriers, other persons, and other natural and man-made hazards.
10. My own negligence and/or the negligence of others, including but not limited to operator error and referee decision making including misjudging terrain, calls or sportsmanship of opponents or teammates, weather, surfaces or other obstacles.
11. Exposure to the elements and temperature extremes may result in frost nip, frost bite, heat exhaustion, heatstroke, sunburn, hypothermia, and dehydration.
12. Dangers associated with exposure to natural elements include but are not limited to avalanche, rockfall, inclement weather, thunder and lighting, severe and or varied wind, temperature, and other weather conditions.
13. Accidents or illness occurring in a place where there are no available medical facilities.
14. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of an accident.
15. Impact or collision with other athletes, spectators, referees, staff, volunteers, pedestrians, motor vehicles, and cyclists.
I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death. Release of Liability, Waiver of Claims, and Indemnity Agreement In consideration for being permitted to participate in the above-described activity(ies) and related activities, I hereby agree, acknowledge, and appreciate the following:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees. IMPERIAL SOCCER CLUB staff and organizers, volunteers, contractors, referees, other known associates, the city of Sugar Land, Fort Bend County, and all staff and volunteers and all other entities known and unknown affiliated with this event.
2. I release the releasees, their officers, directors, employees, representatives, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur because of my engaging in the above activities.
3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
4. This agreement shall apply to all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this Agreement.
5. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident and/or illness during this event.
6. I understand that at this league or related activities, I may be photographed. I agree to allow my photo, video or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and assigners.
7. The Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
8. This release shall be binding fully permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
DO NOT SIGN UNTIL YOU HAVE READ THE ABOVE AGREEMENT. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING THIS DOCUMENT, YOU ARE AGREEING WITH ALL THE RULES ABOVE.
