Heights FC Waiver of Liability, Assumption of Risk, Indemnity Agreement, and Appearance Agreement
In consideration of being permitted to participate in any way in:
Activity Name: Heights FC Soccer Clinic
Location: Ben Franklin Middle School, 540 Cerritos Ave, Long Beach, CA 90802
Dates: Listed on website when registering
Hereinafter called “Activity”, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Heights FC and their employees. officers, directors, volunteers and agents (collectively “Heights FC”) from any and all claims including the negligence of Heights FC.; it’s officers, employees, and agents, resulting in personal injury, physical or psychological injury, accidents, or illnesses (including paralysis and death), damages, economical or emotional loss and property loss arising from, but not limited to, participation in Activity.
Assumption of Risks: I am voluntarily participating in this ActivityParticipation in Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death. Nonetheless, I assume all related risks, both known or unknown to me, of my
participation in this Activity, including travel to, from and during the Activity. I have read this paragraph and I know, understand, and appreciate these and other risks that are inherent in the Activity. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD Heights FC HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages, liabilities, travel to, from and during Activity and attorney’s fees brought as a result of my involvement in the Activity and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
GOVERNING LAW: This Agreement will be governed by the laws of the State of California. Heights FC and I agree that any claims, legal proceedings, or litigation arising in connection with this Agreement will be brought solely in the courts of the County of Los Angeles, and the Parties consent to the jurisdiction of such courts. If any claim of dispute arising out of, or relating to, this Agreement is not settled promptly in the ordinary course of business, the Parties shall seek to resolve such dispute between them, first, by negotiating promptly in good faith. If a legal action is necessary to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorney fees, costs, and expenses
Appearance Agreement: I understand that Heights FC creates or produces various media materials and presentations relating to the Heights FC Programs, in various mediums including, but not limited to photographs, video, audio recordings, websites, etc., (collectively “Program Media”)). I understand that as a Participant and/or spectator at the Heights FC Programs the Student may be included in Program Media taken. Therefore, without reservation or limitation, I, for myself and on behalf of the Student, hereby assign, transfer and grant to Heights FC a royalty free, non-exclusive and perpetual right, license and privilege to record Student in its Program Media and to utilize such Program Media and Student’s name, face, likeness, voice, and appearance as a part of the Heights FC Programs as well as in advertising or promoting the Heights FC Programs, now or in the future. I further understand that neither Heights FC, nor any third party, is under any obligation to exercise any of the foregoing rights, licenses and privileges.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, indemnity agreement, and appearance agreement, and fully understand its terms, and understand that I am giving up substantial rights including my right to sue including travel to, from and during the Activity. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be completed and unconditional release of all liability to the greatest extent allowed by law.
I ACKNOWLEDGE AND REPRESENT THAT I AGREE TO ALL OF THE TERMS OF THIS WAIVER, WARRANT MY REPRESENTATIONS ABOVE, AND I AM OVER EIGHTEEN (18) YEARS OLD, AND ACKNOWLEDGE AND EXPRESSLY AGREE THAT I HAVE NOT TESTED POSITIVE FOR COVID-19 IN THE LAST CALENDAR WEEK, DO NOT CURRENTLY HAVE SYMPTOMS SUCH AS COUGH OR SORE THROAT, AND WILL NOT ATTEND AN IN-PERSON ACTIVITY IF I HAVE ANY SUCH SYMPTOMS OR TEST POSITIVE FOR COVID-19.