Waiver and Release - Valley View Sports Center dba The Sportsplex
Waiver and Release - Valley View Sports Center dba The Sportsplex In consideration of being allowed to participate in any way in activities, which may include participation in games, practices or lessons (the “Activities”), at The Sportsplex (“SPX”) and DIG Volleyball Club. I___________________________________________, by signing the participant sheet, acknowledge and agree that:
1. The risk of injury from the Activities is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, training, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown of my participation in the Activities at the Arena, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation in the Activities at the Arena. 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,
4. I, for myself and on behalf of my heirs, assigns personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS VALLEY VIEW SPORTS CENTER, LTD. dba The Sportsplex, its officers, members, owners, 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, 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.
5. Arbitration: In further consideration of allowing me to participate in the Activities, I hereby agree to submit to binding arbitration any and all claims, which I believe I may have arising from my activities from the Arena. A single arbitrator in Dallas, Texas pursuant to the rules of the American Arbitration Association shall conduct the arbitration. The arbitrator shall apply the Federal Rules of Evidence to all proceedings. Arbitration shall be commenced within one (1) year from the date on which any alleged claim first arose. The submission to the American Arbitration Association shall be unlimited and any court of competent jurisdiction may enforce the arbitration award.
6. I hereby grant the SPX permission to capture my image and likeness in photographs, videotapes, motion pictures, recordings, or any other media (“Images”). I grant SPX permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to SPX business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the Image by SPX prior to its use. I forever release and hold the SPX harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the Images, including without limitation, claims for invasion of privacy rights or publicity.
7. The novel coronavirus, COVID-19, has been declared a worldwide pandemic. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and my child(ren) may be exposed to or infected by COVID-19 as a result of entering the building and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I understand that the risk of becoming exposed to or infected by COVID-19 at Sportsplex may result from the actions, omissions, or negligence of others, including, but not limited to, Sportsplex employees, volunteers, coaches, visitors, and participants and their families. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Sportsplex and affiliates, its employees, agents, and representatives, from and against any and all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes claims based on the actions, omissions, or negligence of Sportsplex, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any program.
I HAVE READ THIS WAIVER AND RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THE RESPECTIVE PARTICIPANT SHEET, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.