Waiver
SPORTS PARTICIPATION RELEASE AND WAIVER AGREEMENT
TO THE PARTICIPANT AND THE PARENT: READ THIS SPORTS PARTICIPATION RELEASE AND WAIVER AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE AGREEING TO ITS TERMS. THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS AND MAY ELIMINATE YOUR ABILITY TO BRING LAWSUITS IN THE FUTURE IF YOU BECOME SICK OR INJURED WHILE ENGAGING IN CITY-RELATED ACTIVITIES. YOU MAY WANT TO CONSULT A LAWYER BEFORE SIGNING THIS AGREEMENT. BY SIGNING THIS AGREEEMENT, YOU ARE acknowledgING THAT PARTICIPANT AND PARENT HAVE reviewed, understood and agreed to the terms below, AND THAT YOU HAVE HAD THE OPPORTNITY TO CONSULT WITH A LAWYER OF YOUR CHOICE REGARDING ITS TERMS.
Preamble In return for the Participant being allowed to participate in CITY activities and events, including, but not limited to, sporting activities, the Parent and the Participant, on behalf of themselves and their Related Persons (as defined below), consent and agree to the following terms. As used in this Agreement, the term “Related Persons” shall mean a Parent’s or Participant’s heirs, assigns, executors, administrators, next of kin and other persons acting or claiming to act on their behalf.
1. Acknowledgment of COVID-19 Risks. Participant and Parent understand that: (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented by CITY, Major League Soccer, L.L.C. (“MLS”), Soccer United Marketing, LLC (“SUM”) and/or third parties (such as by federal and state governmental agencies) (collectively, the “COVID-19 Protocols”), can eliminate the risk of exposure to COVID-19; (c) people of all ages and health conditions, including healthy young people, have been adversely affected by COVID-19; (d) certain people have been identified by public health authorities as having greater risk based on their age or underlying medical conditions; and (e) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death, regardless of a person’s age or health condition. Participant and Parent also acknowledge that the COVID-19 Protocols may prove inadequate to prevent the exposure and transmission of COVID-19 and that it is possible that from time to time persons participating in CITY activities and events may not comply fully with the COVID-19 Protocols. Participant and Parent understand that the implementation of the COVID-19 Protocols does not guarantee that Participant will not be exposed to or contract COVID-19 as a result of his or her participation in CITY activities and events or pass COVID-19 on to others, including Parent and other family members of Parent or Participant. Participant and Parent understand and knowingly and voluntarily assume all risks related to traveling to and from, and participating in CITY activities and events at, all sites to which the Participant may travel. Those risks may include an increased risk of exposure to illness (including, but not limited to, COVID-19), personal injury, disability, and other short-term or long-term health effects including death, which might result not only from Participant’s own actions, inactions or negligence, but from the actions, inactions or negligence of any of the Released Parties (as defined below). The Participant and the Parent accept that they have personal responsibility for any and all costs and expenses, damages, liability, and other losses that Participant, Parent or any Related Persons may incur in connection with the risks described above.
2. Acknowledgement of CITY Participation Risks. There are inherent risks that come with participating in CITY activities and events. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken. For example, a CITY activity or event may test Participant’s physical limits, which creates an inherent risk of physical injury. Other inherent risks include contact or collision with other persons or objects, head injury, inadequate or negligent first aid or emergency measures, weather-related hazards, and natural hazards. Participant and Parent understand and acknowledge that any of these risks, and others not specifically listed here, could cause injuries that may be minor (for example, scrapes, bruises, sprains, nausea, cuts), serious (for example, property loss or damage, broken bones, fractures), or catastrophic (for example, rare occurrences of permanent disabilities or death). The Participant and the Parent accept that they have personal responsibility for any and all costs and expenses, damages, liability, and other losses that Participant, Parent or any Related Persons may incur in connection with the risks described above.
3. Participant Acknowledgements. Parent and Participant acknowledge that the following statements are true and accurate and that no Released Parties (defined below) can be held responsible in any way if they are not: (a) Participant and Parent have consulted with Participant’s own doctor to ensure that his or her participation in CITY activities and events will not pose any unusual risks to his or her health and well-being, (b) Participant is in good condition physically and has not been advised or cautioned against participation in CITY activities and events by his or her doctor or any other medical practitioner, and (c) Participant is covered by medical insurance. Parent and Participant authorize the Released Parties to secure emergency medical care or transportation (e.g., EMS) for Participant when deemed necessary by the Released Parties at the sole cost of Parent and Participant.
4. Release, Waiver and Covenant Not To Sue. For purposes of this Agreement, (i) the term “Released Parties” shall mean CITY, MLS, other MLS clubs and their respective academies, SUM and each of their respective officers, directors, managers, members, employees, agents, contractors, sub-contractors, representatives, successors, assigns, licensees and affiliates, and (ii) the term “Claims” shall mean any and all liability, lawsuits, causes of action and claims for damages, costs or expenses, whether past, present or future, and whether known or unknown.
Parent and Participant, on their own behalf, and on behalf of their Related Persons, hereby knowingly, voluntarily, unconditionally and irrevocably and forever release, waive and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to), all Claims, including, but not limited to, Claims arising out of or in connection with any death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Parent, Participant or any Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to: (i) Participant’s exposure to COVID-19; (ii) Participant’s participation in CITY activities or events; (iii) Participant’s travel to any location to which he or she may travel in connection with CITY activities or events; or (iv) any of the other risks identified above in paragraphs 1 and 2 of this Agreement. PARENT AND PARTICIPANT UNDERSTAND THAT THIS RELEASE, WAIVER AND COVENANT NOT TO SUE INCLUDES ANY CLAIMS BASED ON THE NEGLIGENCE, ACTION OR INACTION OF ANY OF THE RELEASED PARTIES AND COVERS CLAIMS OF ANY SORT, WHETHER SUFFERED BEFORE, DURING OR AFTER PARTICIPANT’S PARTICIPATION IN CITY ACTIVITIES AND EVENTS.
5. Participant Likeness Release. Parent and Participant irrevocably grant CITY, its agents, successors, and assigns the right to use, publish, and copyright Participant’s picture, voice recording, and likeness in any way, manner, or form for instruction, art, advertising, or any other lawful purpose throughout the world in perpetuity. Neither Parent nor Participant shall have a right of approval, and no claim for any use, alteration, distortion, or illusionary effect.
Parent and Participant warrant that they have the full right to grant the release in this paragraph, that they know of no other agreement(s) that would prevent them from granting such release, and that they have the right to grant all the rights herein, and to perform all my obligations hereunder without violating the legal or equitable rights of any third party.
Parent and Participant agree to relinquish all rights, title, and interest they may have in the finished product or the advertising copy that may be used in connection therewith and waive all rights to any further compensation thereof.
6. Dispute Resolution. Parent and Participant agree to engage in good faith efforts to mediate any dispute that might arise concerning this Agreement. Any agreement reached will be formalized by a written contractual agreement at that time. Should the dispute not be resolved by mediation, Parent and Participant agree that all disputes, controversies, or claims arising out of or related to Participant’s participation in CITY activities and events shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties. Parent and Participant further agree that the arbitrability of any dispute, controversy, or claim arising out of Participant’s participation in CITY shall be submitted to an arbitrator in accordance with the applicable rules of the American Arbitration Association then in effect. The Arbitration Rules of the American Arbitration Association are available on-line at www.adr.org.
7. Class Action Waiver. Parent and Participant agree that all claims against any Released Person arising out of Participant’s participation in CITY activities and events must be pursued on an individual basis only. By signing this Agreement, Parent and Participant waive any right to commence, or be a party to, any class action, or any other sort of collective claims against the Released Parties.
8. Governing Law. Parent and Participant agree that this Agreement shall be governed by the laws of the State of Missouri, without regard to choice of law principles.
9. Severability. Parent and Participant agree that if any part of this Agreement is declared illegal, unenforceable or ineffective to any extent, that part of the Agreement shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, that part of the Agreement shall severed from the rest of the Agreement, so that all of the other provisions contained in this Agreement shall remain valid and binding.
10. Counterparts; Electronic Signatures. This Agreement may be signed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE
WHICH MAY BE ENFORCED BY THE PARTIES.
PARENT/GUARDIAN MUST COMPLETE: I affirm that I am the parent or legal guardian of the above individual and I have the authority to give this authorization to his signing of and consent to the above Agreement. I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT. I understand its terms, including that we are giving up substantial legal rights. I understand that this Agreement is a material inducement for Participant’s participation in CITY events and activities and that CITY and the other Released Parties are relying upon it. I also agree that no promises, statements or inducements contrary to anything contained in this Agreement have been made by any of the Released Parties. I acknowledge that Participant and I have had the opportunity to seek legal advice regarding this Agreement from a lawyer of my choice.