Acerca de

SOCCER 8 LLC

 

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

 

IN CONSIDERATION of the right to participate in any soccer activity of U.S. Soccer 8, LLC, a Florida Limited Liability Company (hereinafter referred to as “U.S. Soccer 8 ”) which includes me and/or my minor childʼs voluntary participation in any organized soccer activity at the location (add address), I hereby, for myself and/or my minor child, our personal representatives, assigns, heirs and next of kin, I/WE do hereby voluntarily agree as set forth herein:

 

1. ASSUMPTION OF THE RISK

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1.1. I/WE the undersigned, having actual knowledge and conscious appreciation of the particular dangers involved  in the use of the above  facility and/or my and/or my minor child’s participation in the activities of U.S. Soccer 8, ACKNOWLEDGE, VOLUNTARILY AGREE and represent that I and/or my minor child understand the nature of U.S. Soccer 8 and that I and/or my minor child are qualified, in good health, and in proper physical condition to participate in such activity. 

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1.2. I/WE further agree that if at any time I believe conditions or equipment to be unsafe, I and/or my minor child will immediately discontinue further participation in the activity;

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1.3. I/WE FULLY UNDERSTAND THAT: (A) U.S. SOCCER 8 ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, PSYCHOLOGICAL INJURY, AND DEATH (“RISKS”); (B) THESE RISKS AND DANGERS MAY BE CAUSED BY ME AND/OR MY CHILDʼS OWN ACTIONS, OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHERS PARTICIPATING IN THE ACTIVITY, THE CONDITION IN WHICH THE ACTIVITY TAKES PLACE, OR THE ACTS OR THE NEGLIGENCE OF THE “RELEASEES” AS THAT TERM IS DEFINED IN SECTION 2.1. BELOW; (C) THERE MAY BE OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES EITHER NOT KNOWN TO ME OR NOT READILY FORESEEABLE AT THIS TIME; AND (D) I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I AND/OR MY MINOR CHILD INCUR AS A RESULT OF MY OR MY MINOR CHILDʼS PARTICIPATION IN THE ACTIVITY;

 

1.4. I /WE HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS, AND/OR DAMAGES FOLLOWING SUCH INJURY, DISABILITY, PARALYSIS, OR DEATH, EVEN IF CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” AS THAT TERM IS DEFINED IN section 2.1 BELOW;

 

1.5 I/WE acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I, my child(ren) and I may be exposed to or infected by COVID-19 by attending the facility where Soccer 8 operates and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Soccer 8 and Miami Dade County Parks employees, volunteers, and program participants and their families.

 

1.6 I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with mychild(ren)ʼs attendance at the Soccer 8 location or participation in Soccer 8 programming (“Claims”).

 

2. RELEASE OF LIABILITY AND WAIVER

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2.1. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Soccer 8 and its employees, agents, and representatives, from any and all the Claims arising or resulting directly or indirectly from my and/or my child’s use of the above – described U.S. Soccer 8 facilities and/or participation in the any U.S. Soccer 8 activities. I/WE HEREBY release, and forever discharge, and covenant not to sue U.S. Soccer 8, LLC, their affiliates, managers,  member teams and leagues, administrators, directors, agents, officers, staff, volunteers, team members and employees, or other persons acting in their behalf, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises upon which the activity takes place, and other agents, estates, executors or personal representatives (each considered one of the “RELEASEES” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence or acts or inactions of the RELEASEES or otherwise, including negligent rescue operations.

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2.2 I/WE understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Soccer 8, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any of their programs.

 

2.3 I/WE DO HEREBY WAIVE ALL RIGHTS TO ANY TRIAL BY JURY IN ALL LITIGATION RELATING TO OR ARISING OUT OF THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.

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3. INDEMNITY

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3.1. I /WE will indemnify, save, defend and hold harmless and for ever release and discharge each of the RELEASEES from any and all claims and demands for loss, liability, damage, injury, and/or cost , litigation expenses, attorneyʼs fees, loss, liability, damage or costs which any RELEASEES may incur as the result of such claim by reason of any accident, illness, injury, or death, arising or resulting directly or indirectly from my and/or my child’s use of the above – described U.S. Soccer 8 facilities and/or participation in the any U.S. Soccer 8 activities.

 

3.2 I/WE FURTHER agree that I am the organizer/captain of a team or group of participants/players ("Captain") and that, as Captain, I am responsible for organizing the game(s) or event(s) of U.S. Soccer 8 activity on behalf of myself and such team or group of participants/players. As Captain, I/WE further agree that it is my/our obligation to ensure that all such other participants/players that are participating with me in any U.S. Soccer 8 activity fully execute a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement prior to participating in any U.S. Soccer 8 activity. In the event that all other participants/players that   are participating with me in any U.S. Soccer 8 activity do not fully execute a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement prior to participating in any U.S. Soccer 8 activity or that some or all of such releases are invalid, I will indemnify, save and hold harmless each of the RELEASEES from all claims arising out of the participation in U.S. Soccer 8 activity by such other participants/players who do not fully execute a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement prior to participating in any U.S. Soccer  8 activity, including litigation expenses, attorneyʼs fees, loss, liability, damage or costs which any RELEASEES may incur as the result of such claim.

 

4. RULES OF CONDUCT

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4.1 I/WE FURTHER agree to follow the rules of conduct and play set by U.S. Soccer 8 and acknowledge that failure to do so may result in suspension from participation.

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4.2. In the event that any damage to equipment or facilities occurs as a result of my own actions or my minor child willful actions, neglect or recklessness, I/WE acknowledge and agree to be held liable for any cost associated with such actions of neglect or recklessness.

 

5. EMERGENCY MEDICAL CARE

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5.1. I/WE, as parent or guardian/participant do hereby grant authority to the staff of U.S. Soccer 8 to render a judgment concerning medical assistance or hospital care in the event of an accident or illness during my absence. I/WE authorize to provide all emergency medical care deemed necessary.

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5.2. I/WE further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I/WE are aware and understand that I/WE should carry my/our health insurance.

 

6. CONSENT

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6.1 I/WE HAVE read this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I and/or my minor child have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this Agreement is held to be invalid, the remaining portions thereof shall continue in full force and effect.

 

6.2 I/WE certify that I have read the previous paragraphs and I know, understand and appreciate these and other risks that are inherent in visitation or participation. I hereby assert that my and /or my child’s visitation or participation is voluntary and that I knowingly assume all such risk and voluntary  acknowledge the foregoing Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement.

 

6.3. As the parent and natural guardian or legal guardian of the participant, I/WE hereby agree to the foregoing Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement for, and on behalf of, the participant (player/minor) named herein. I hereby bind myself, the minor, and all other assigns to the terms of the Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement. I represent and certify that I have the legal capacity and the authority to act for, and on behalf of, the minor in the execution of this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement.

 

6.4. I/WE DO HEREBY authorize U.S. Soccer 8 and its agents or assigns to utilize any and all photographs, pictures or other likeness of me or anyone assigned guardianship to me, as they deem appropriate in its promotional materials or team films.

 

6.5. This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement shall remain in full force and effect for the duration of my participation in the activity and all subsequent events of participation;  and may only be terminated upon thirty (30) days written notice by the undersigned to U.S. Soccer 8, LLC via Certified Mail Return Receipt Requested to: U.S. Soccer 8, LLC, c/o.  (name , Registered Agent, (address).

 

6.6 I/WE expressly agree that this Release, Waiver of Liability and Assumption of Risk is intended to be as broad and inclusive as the laws of the State of Florida will allow, and that if any portion thereof is held to be invalid, it is agreed that the balance shall, notwithstanding the invalid portion, continue in full force and effect.

I further represent and state that I am not relying on any oral or written representation or statements made by the Releasees. I further agree that this Release, Waiver of Liability and Assumption of Risk shall be governed by and interpreted in accordance with the laws of the State of Florida.

 

In signing this Release, Waiver of Liability and Assumption of Risk, I/WE acknowledge and represent (i) that I have read and understand it; (ii) that I sign it voluntarily and for full and adequate consideration, fully intending to be bound by the same; (iii) that I am/WE are giving up substantial rights by signing it; and (iv) that I am/WE are at least eighteen (18) years of age and fully competent. I/WE understand that this is a legal document which is binding on me, my heirs, executors, administrators, and assigns and on those who may claim by or through me/US.

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I/WE HAVE READ THE ABOVE RELEASE, WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND, BY SIGNING IT, VOLUNTARILY AGREE TO BE BOUND BY IT, AND AGREE THAT IT IS MY INTENTION TO EXEMPT AND RELIEVE THE RELEASEES FROM LIABILITY FOR PERSONAL OR BODILY INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. EVENT PARTICIPANT