FC Europa Turf Cup – Boys Weekend: Referees / Tournament Staff Waiver - ADULTS

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 FC Europa Turf Cup – Boys Weekend on February 27-28, 2021 (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 APL Tournaments, LLC (“APL”), Sideline Soccer Solutions, LLC, YSC Sports, LP (“YSC Sports”),  United Sports Training Center, LLC (“United Sports”), Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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:

  1. 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.
  2. The Participant is in good health and physical condition and able to fully participate in the Tournament. 
  3. The Participant will be bound by and comply with the rules, regulations and policies established by APL, YSC Sports, United Sports, Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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 YSC Sports, United Sports, APL and Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa)  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 YSC Sports, United Sports, APL, and Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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.  There is no current vaccine for COVID-19.  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 YSC Sports, United Sports and APL and Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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, YSC Sports, United Sports, APL, or Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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 YSC Sports, United Sports, APL, Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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 YSC Sports, United Sports, APL and/or Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa)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 the United Sports, YSC Sports, APL and Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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 the YSC Sports, United Sports,  APL, or Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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) YSC Sports, United Sports Training Center, LLC, APL Tournaments, LLC, Sideline Soccer Solutions, LLC,  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) Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa); (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 APL, YSC, United Sports, Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa), 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.        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 YSC Sports, United Sports,  APL, and Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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 (including the Major League Soccer, L.L.C. (“MLS”) soccer team currently known as the Philadelphia Union and the United Soccer Leagues, LLC (“USL”) soccer team currently known as Bethlehem Steel F.C. (collectively, the “Teams”)), services and facilities (including the respective home stadiums of each of the Teams), 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 APL, United Sports, YSC Sports, and Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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 YSC Sports, United Sports, APL and Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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 YSC Sports, United Sports, APL, Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) and each Released Party may collect, use and disclose any of Participant’s personally identifiable information provided by the Parent to YSC Sports, United Sports, APL and/or Tredyffrin Easttown Youth Soccer Association (TEYSA / FC Europa) 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 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.

 

 

 * I have read and understand all precautions due to covid-19 that are located on the official tournament website:  https://docs.google.com/document/d/1FUJ1FxQBQ1K2IdeZmER8m-sNsWreIydUFNe0ijM7pn4/edit

 

*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 APL Tournaments, 224 County Line Road, Wayne, PA 19087.

 


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