PARTICIPANT ASSUMPTION OF RISK, WAIVER, AND RELEASE AND INDEMNIFICATION
INCLUDING COVID-19 COMPLIANCE AND ASSUMPTION OF RISK
This Participant Assumption of Risk, Waiver and Release, and Indemnification (the “Tournament Waiver”) for the YMS EPIC Tournament (May 12-14) (the “Tournament), dated as of the date indicated in the electronic signature will be signed by (i) the parent or guardian (in all cases, the “Parent”) on behalf of a minor participant under age 18, or (ii) each participant who is age 18 or older (in either case, hereinafter, the “Participant”) in favor of Yardley Makefield Soccer (“YMS”), and each of the other Released Parties (as defined below).
This Tournament Waiver contains language specifically related to participation in Tournament and contains language specific to the COVID-19 pandemic.
I. ACKNOWLEDGMENTS BY THE PARENT OR PARTICIPANT
The Parent or Participant represents and warrants as follows:
- If applicable, the Parent of the minor Participant is authorized to and does enter this Tournament Waiver on behalf of any and all parents and legal guardians of the minor Participant.
- The Participant is in good health and physical condition and able to fully participate in the Tournament.
- The Participant will be bound by and comply with the rules, regulations and policies established by YMS and/or any other Released Party, in each case related to the Tournament (as they may be updated, amended, modified, restated or replaced from time to time, the “Tournament Rules”), and the Participant may disciplined under those rules and policies in the event of his or her noncompliance, as determined necessary by YMS in their sole discretion. The Parent or Participant acknowledges and agrees that the Parent or Participant has reviewed all Tournament Rules as in effect on the date hereof and will undertake to promptly review any new Tournament Rules as announced.
The Parent or Participant hereby agrees that the Participant will conduct himself or herself in a safe and prudent manner, and will exercise extreme caution, when participating in the Tournament. The Parent or Participant hereby agrees that the Participant will obey all reasonable instructions of YMS and their staff during or related to the Tournament.
II. COVID-19 COMPLIANCE
The novel coronavirus, COVID-19, is a highly infectious, life-threatening disease declared by the World Health Organization to be a global pandemic. COVID-19’s highly contagious nature means that contact with others or contact with surfaces that have been exposed to the virus, can lead to infection. Because of this highly contagious nature, it is currently very difficult to control the spread of COVID-19 or to determine whether, where, or how a specific individual may have been exposed to the disease.
By signing this Tournament Waiver, the Parent or Participant acknowledges and agrees that the Participant is voluntarily enrolling in the Tournament.
The Parent or Participant understands that YMS have put in place new safety rules and precautions in order to mitigate the spread of COVID-19, which rules, and precautions may be updated at any time. While acknowledging that these rules and precautions may or may not be effective in mitigating the spread of COVID-19, the Parent or Participant agrees that the Participant must reasonably comply with such rules and precautions which may include, but are not limited to, mask wearing, hand washing, hand sanitizing, and social distancing. The Parent or Participant understands that if the Participant fails to comply with these rules and precautions, the Participant (a) may be asked not to attend the Tournament until they can comply or (b) may be prohibited from participating in the Tournament, and, in either case, YMS will not be obligated to return any fees.
The Parent or Participant agrees that if the Participant is exhibiting symptoms of acute respiratory illness, a fever of 100.4ºF, has had known exposure to someone with COVID-19, or has a diagnosis of COVID-19, the Participant will not participate in the Tournament until they have written, medical clearance.
III. ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND COVENANT NOT TO SUE
A. Assumption of Risk: Tournament and Related Activities
The Parent or Participant acknowledges and agrees that participating in the activities related to the Tournament can be dangerous, involve both known and unknown risks and may result in serious bodily injury or death and the Parent or Participant fully assumes all risks associated with the participation by the Participant in such activities. The Parent or Participant authorizes any emergency medical or surgical treatment considered necessary by YMS any other Released Party and/or any medical authorities present or consulted during a medical emergency, and the release of any protected heath information regarding the Participant by any medical provider to YMS and other medical providers and insurance companies for the purposes of treatment, payment or other healthcare options. The Parent or Participant agrees to be financially responsible for the cost of such medical assistance and/or treatment. The Parent or Participant assumes the risk of all injuries to the Participant that may result from participating in the activities related to the Tournament. The Parent or Participant agrees that the Participant’s participation in the Tournament shall be deemed an acknowledgment that the facilities where the Tournament take place are safe and suitable for his or her participation in the Tournament.
B. Assumption of Risk: COVID-19
By signing this agreement, the Parent or Participant acknowledges the contagious nature of COVID-19 and the inherent risks of exposure to those who may be infected with COVID-19. The Parent or Participant voluntarily assumes the risk of exposure to or infection by COVID-19 by participating in the Tournament and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
The Parent or Participant understands and acknowledges that given the unknown nature of COVID-19, it is not possible to fully list each and every individual risk of contracting COVID-19. The Parent or Participant understands that the risk of becoming exposed to or infected by COVID-19 while participating in the Tournament may result from the actions, omissions, or negligence of themselves, the Participant and others, including, but not limited to, the Released Parties, and fellow participants. The Parent or Participant acknowledges that the Tournament is held in an open facility, which limits the ability of the Released Parties to control access and visitors. The Parent or Participant recognizes that the Released Parties cannot limit or eliminate all potential vectors for COVID-19 infection. The Parent or Participant acknowledges that they have asked for and/or been given any information that they may need to determine the risks associated the Participant participating in the Tournament and to make an informed assumption of those risks.
The Parent or Participant voluntarily assumes full responsibility for any and all risks of illness or injury associated with the Participant’s exposure to COVID-19, as well as from use of any PPE, including face masks, that YMS may voluntarily provide.
C. WAIVER AND RELEASE OF LIABILITY
1. The Parent or Participant and the Parent or Participant’s respective family members, heirs, executors, administrators, agents and assigns (the “Releasors”), hereby waives, releases, acquits and forever discharges each of (i) YMS; (iii) all owners of any facilities that host the Tournament(“Facility Owners”) and (iv) all present and past officers, directors, principals, investors, managers, members, partners, equity holders, employees (including, without limitation, coaches), agents, representatives, administrators, executors, trustees, predecessors, successors, licensees, attorneys, and assigns of each of YMS and the Facility Owners ((i), (ii), (iii) and (iv) together, the “Released Parties”) from any and all claims, rights, demands, causes of actions, liabilities, damages, fees, charges, losses, settlements, debts, expenses, obligations and remunerations of any and all kinds of any nature and character whatsoever, known or unknown, suffered by the Participant as a result of, or in any manner related to, directly or indirectly, his or her participation in the Tournament including, but not limited to, any personal injury, disability, illness, damage or death from exposure to COVID-19, whether such exposure occurs before, during or after participation in the Tournament(“Released Claims”).
2. THE PARENT OR PARTICIPANT HAS READ AND FULLY UNDERSTANDS THIS TOURNAMENT WAIVER. THE PARENT OR PARTICIPANT ACKNOWLEDGES AND AGREES THAT NO REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO ENCOURAGE HIM OR HER TO ENTER INTO THIS TOURNAMENT WAIVER AND THAT HE OR SHE IS DOING SO VOLUNTARILY.
3. THE PARENT OR PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS TOURNAMENT WAIVER IS INTENDED TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY, WHETHER KNOWN OR UNKNOWN, TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREES THAT IF A PORTION OF THIS ACKNOWLEDGEMENT, RELEASE, DISCHARGE AND INDEMNIFICATION IS HELD TO BE INVALID, THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT.
D. COVENANT NOT TO SUE
THE PARENT OR PARTICIPANT, INDIVIDUALLY AND ON BEHALF OF ANY RELEASOR, agrees that NO RELEASOR will sue the Released Parties with respect to ANY Released Claim. THE PARENT OR PARTICIPANT understands that the granting of the foregoing release and covenant not to sue is an express condition of participation in the Tournament.
IV. INDEMNIFICATION
The Parent or Participant hereby agrees to indemnify and hold each of the Released Parties harmless from and against any and all, including third-party, claims, demands, causes of action, damages, liabilities, losses, costs and expenses (including attorney’s fees) suffered by a Released Party as a result of, or in any manner related to, directly or indirectly, participation in the Tournament, including, but not limited to, to any personal injury, disability, illness, damage or death from exposure to COVID-19, whether such exposure occurs before, during or after participation in the Tournament by the Participant.
V. MISCELLANEOUS
1. This Tournament Waiver shall be governed by and construed in accordance with the domestic laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
2. The Parent or Participant acknowledges and agrees (individually and on behalf of all other Releasors) that all disputes arising out of, relating to, or in connection with this Tournament Waiver, including any question regarding its existence, validity, or termination, shall be finally resolved by binding arbitration to take place in Bucks, Pennsylvania, except as may be modified herein or by mutual agreement of the parties participating in arbitration. There shall be one arbitrator, to be selected by mutual agreement of the parties participating in arbitration. If the parties are unable to agree on the selection of arbitrator, the selection will be made by the President Judge of the Bucks County Court of Common Pleas. The arbitrator will determine the procedural rules to be used during the arbitration, subject to input from the parties participating in arbitration. The Parent or Participant acknowledges that by agreeing to arbitrate any right to file a lawsuit or obtain a jury or bench trial is hereby waived.
*Please note that you may opt-out of this electronic signature provision and, instead, print this waiver, sign it manually, and mail the hard copy back to YMS Soccer – 255 Lower Morrisville Rd, Fallsington PA 19054.