2024 Penn
Fusion Girls Winter Showcase
PARTICIPANT ASSUMPTION
OF RISK, WAIVER, ANDRELEASE 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 2024 Penn Fusion
Girls Winter Showcase on February 17-19th, 2024 (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 Sideline Soccer Solutions, LLC (“S3”), APL Tournaments, LLC (“APL”),
YSC Sports, LP (“YSC Sports”), and United Sports Training Center, LLC (“United
Sports”) 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 into
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 the Organizers 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 Parent or the Participant, as applicable, may be disciplined under
those rules and policies in the event of his or her noncompliance, as
determined necessary by any of the Organizers 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 the Organizers 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 the Organizers
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, none of the Organizers will 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 any of the Organizers, 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 any of the Organizers 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.
By signing this agreement, The Parent or Participant also
acknowledges that limited Personal Protective Equipment (“PPE”),
including face masks, may be made available by any of the Organizers for use at
the facilities or even during the Tournament. The Parent or
Participant understands that the Participant may be required to
wear certain PPE pursuant to the Tournament Rules. The Parent or
Participant understands that the use of PPE does not remove all risks of
illness, nor does it make it safe to participate in the
Tournament. The Parent or Participant alone has to determine the
sufficiency of any PPE or other precautions that the Parent or Participant
decides to take on behalf of themselves or the Participant to minimize the
risks of participating in the Tournament. No party related to the
Released Parties or other participant has made any representations to the
Parent or Participant regarding the safety of, or the risks of, Participant in
the Tournament that they have relied on. The Parent or Participant
has relied instead on their own judgment as to whether to undertake the
risks. The Parent or Participant expressly acknowledges that their
choice of PPE for themselves or the Participant is at their discretion and that
neither the Released Parties nor other participants have any liability for
their choice of PPE.
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 any of the Organizers 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 waive, release, acquit and
forever discharge each of (i) the Organizers, YSC Sports Partners, LLC, YSC
Academy, Inc., High Performance Sports, LLC, YSC Real Estate, LP, YSC Real
Estate Partners, LLC, YSC Graham Investments, LLC, YSC Sports Marketing, LLC,
YSC Youth Development, LLC, YSC Designs, LLC, Youth Soccer Foundation, Inc.,
YSC Learning Center, LP, Panenka Partners, LLC, Striker Investment Group, LP,
Atlantic Premier Soccer League, LLC, YSC Partners, LLC, HPS Athletic
Development, LLC and each of its and their affiliates, subsidiaries and
parent entities (collectively referred to as “YSC”), (ii) the Sponsor;
(iii) all owners, all operators and all managers of any facilities that host
all or any part of the Tournament(“Facility Owners”) and (iv) all
present and past officers, directors, principals, investors, managers, members,
partners, equity holders, employees (including, without limitation, coaches and
trainers), volunteers, referees, agents, representatives, administrators,
executors, trustees, predecessors, successors, licensees, attorneys, and
assigns of any of the foregoing (collectively, 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 whether or not resulting 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. RELEASE CONCERNING
INFORMATION, LIKENESS AND PERSONALLY IDENTIFIABLE INFORMATION
A. GENERALLY:
1. The Parent or Participant understands that
photographs, videos and telecasts may be made of the Participant as applicable,
alone or together with others, and the Parent or Participant agrees that all
rights in such photographs, videos and telecasts, including, but not limited
to, rights of sale, reproduction, use and distribution, will be owned by the
Organizers, that they and/or any other Released Party may make whatever use of
such photographs, videos and telecasts as they may desire throughout the world
in perpetuity in all media now or hereafter known or devised, subject to
certain limitations as may be set forth herein in the event that a Minor
Participant is under 13 years of age. The Parent or Participant hereby
grants to each Released Party (as defined below) the irrevocable and
unconditional right to disseminate, reproduce, record, exhibit, print and
publish the Participant’s name, likeness, image, voice, performance and
biographical material (collectively, the “Likenesses”) for any purpose,
including advertising such Released Party’s products, assets, services and
facilities, subject to certain limitations as may be set forth herein in the
event that a Participant is under the age of 13. The Parent or
Participant acknowledges and agrees that the Organizers shall retain all
revenues from the exploitation of the foregoing and the Participant shall not
receive any royalties or compensation therefor.
2. The Parent or Participant hereby disclaims
any right to privacy related to the use of such Likenesses and acknowledges
that the Organizers will be deemed the sole and exclusive owner thereof for all
purposes hereunder and no such Likenesses will be submitted to the Parent or
Participant for approval prior to any use by any Released Party. The
Parent or Participant also hereby waive any and all claims, counterclaims,
rights, demands, actions and causes of action, foreseen or unforeseen, actual
or potential, arising out of, or in any way related to, use by any Released
Party of such Likenesses.
B. AS TO ANY PARTICIPANT UNDER THE AGE OF 13:
1. In accordance with the Children’s Online
Privacy Protection Act, parents and legal guardians of children under 13 years
of age must consent to certain collections, uses and disclosures of the
personally identifiable information of such children by a website or certain
other electronic media. Accordingly, by signing below the Parent is consenting
to and authorizing each Released Party to do the following:
Display the
Participant’s photograph on its website and on the website of any third
party with which any Released Party has a business relationship;
Include, with
such photograph, each Participant’s name, school or soccer club
affiliation and hometown, but not his or her specific street address;
and/or
Produce, in
conjunction with sponsors of any Released Party, “trading cards” which
include any or all of the items set forth in (a) and (b) above.
2. The Parent understands and agrees that each
of the Organizers and each Released Party may collect, use and disclose any of
Participant’s personally identifiable information provided by the Parent to any
of the Organizers in connection with the uses authorized above, and that the
Parent’s verifiable consent thereto is provided by the Parent’s signature on
the signature page attached hereto.
V. 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 whether or not resulting 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 Chester County,
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 Chester 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.