This Release and Waiver (“Release”) is made and entered into by and between TKFC LC, operating St Louis CITY SC (“CITY” or “Club”) and Club’s Academy (“Academy”), the player identified and associated with this Release (“Player”), and Player’s parent/guardian because Player is under the age of eighteen (“Parent”); and is effective as of the date signed by Player below (“Effective Date”).
In consideration for Club inviting Player to participate in training, travel, and other relevant activities with Academy (“Activities”), Player and Player’s Parent acknowledge and agree to the following:
Waiver & Release of Claims:
- Player and Parent knowingly, voluntarily, unconditionally, irrevocably, and forever release, waive, discharge from, and covenant not to sue Club, Academy, Major League Soccer, L.L.C. (“MLS”) or its affiliates, Soccer United Marketing, LLC (“SUM”), Pro Soccer Development, L.P. (“MLS Next”), the members of MLS and SUM and each of the MLS teams operated by them, the partners of MLS Next and each of the MLS Next teams, and the respective direct and indirect affiliates, subsidiaries, members, clubs, teams, companies, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees, contractors (and all employees of such contractors), and other personnel of each of the foregoing entities (collectively, “Releasees”) for any and all causes of action, claims, costs and expenses, damages, demands, liabilities, liens, losses, payments, or suits of any nature whatsoever, including in law or equity, contingent or non-contingent, known or unknown, foreseen or unforeseen, whether past, present, or future, in any way relating to or arising from Player’s participation in the Trial (collectively, “Claims”).
- Without limiting the generality of the foregoing, this waiver and release includes, but is not limited to, (i) Claims relating to personal injury, illness, or death; (ii) damage to, or loss or theft of, property; (iii) the receipt of medical care or treatment for any physical or mental condition (which will be at Player’s Parent’s sole cost); (iv) use of facilities, services, premises, and equipment; (v) exposure to inclement weather; and (vi) involvement in accidents of any kind.
- Player and Parent further covenant, promise, and agree Player will not now or at any time in the future, directly or indirectly, sue or bring any action against the Releasees for any Claims which are covered by this Release, including without limitation all Claims arising under the tort laws of any state and extends to all damages (including without limitation, short and/or long-term effects of such injury, and death) whenever arising.
- Player and Parent acknowledge that they may later discover claims or facts in addition to or different from those which they now knows or believes to exist with regard to the subject matter of this Release, and which, if known or suspected at the time of executing this Release, may have materially affected its terms. Nevertheless, Player and Parent waive any and all Claims that might arise as a result of such different or additional claims or facts.
- Player and Parent acknowledge and understand that this Release is binding on Player, Player’s Parent, Player’s heirs, next of kin, personal representatives, successors, assigns, and other persons acting or purporting to act on behalf of Player or any of the foregoing parties (“Releasors”).
Assumption of Risks:
- Player and Parent acknowledge and agree there are inherent risks that come with participating in, and training for the game of soccer. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken. As an example, during the Activities, Academy may test Player’s physical limits, creating 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. Player and Parent understand and acknowledge that any of these risks, and others not specifically listed here, could cause injuries that may be minor, serious, or catastrophic, including death. And Player and Parent acknowledge and agree that they have personal responsibility for any and all costs and expenses, damages, liability, and other losses that they may suffer or incur in connection with the foregoing risks and his participation in the Activities.
- Without limiting the foregoing, Player and Parent assume the risk of all conditions and consequences, dangerous or otherwise, arising from Player’s participation in the Activities in any way relating to or associated with concussions, sub-concussive blows, or traumatic brain or head injuries, including but not limited to, possible acute and long term neurocognitive and neurophysiological consequences as a result of Player’s participation in the Activities, such as brain damage, dementia, mood disorder, or cognitive impairment.
- Player and Parent understand that by participating in the Activities, Player may be exposed to, or expose others to contagious and potentially harmful or deadly diseases, including, but not limited to, influenza, common cold, chicken pox, meningitis, measles, or novel coronavirus SARS-CoV-2 (“COVID-19”). Player may also be exposed to risks while traveling, via exposure to large crowds, and exposure to risks related to receipt of treatment for any physical or mental conditions. Player and Parent voluntarily assume all of these and other risks, and accept personal responsibility for any and all damages, liability, and other losses that he may incur in connection with the foregoing risks.
- Player and Parent understand that (i) COVID-19 is an extremely contagious disease that can lead to sever illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (ii) no precautions, including, but not limited to, the protocols that will be implemented from time to time by Club, Academy, or third-parties (including, but not limited to, MLS, MLS Next Pro, federal and state governmental agencies) (collectively, “COVID-19 Protocols”), can eliminate the risk of exposure to COVID-19; (iii) people of all ages and health conditions can be and have been adversely affected by COVID-19;* and (iv) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short- and long-term health effects, and death, regardless of age or health condition. Player and Parent also acknowledge that 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 present at any location where Academy may travel, may not comply fully with COVID-19 Protocols. Player and Parent understand that the implementation of COVID-19 Protocols does not guarantee that Player will not be exposed to or contract COVID-19 as a result of his attendance at the Activities, and/or may pass COVID-19 on to others. Player and Parent understand and knowingly and voluntarily assumes all risks related to traveling to and from the Activities. Those risks may include an increased risk of exposure to illness, personal injury, disability, and other short- or long-term health effects, including death, which may result not only from Player’s own actions, inactions, or negligence, but from the actions, inactions, or negligence of others. Player and Parent voluntarily assume all of these and other associated risks, and accept personal responsibility for any and all damages, liability, and other losses that they may incur in connection with the foregoing risks.
- According to public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Player’s family members and other contacts.
- Player and Parent acknowledge that Player’s participation in the Activities is without assumption of responsibility or risk of any kind by Club or Academy, and Club nor Academy make any representations or warranties of any kind with respect to Player’s participation.
- Player and Parent acknowledge and understand:
- the nature of the Activities, and the demands of its activities relative to the physical condition and skill level of Player;
- the types of injuries, illnesses, and risks related to Player’s participation in the Activities, including the treatment for any physical or medical condition which may occur;
- that participation in the Activities and use of related facilities and services is voluntary; and
- that they knowingly assumes all related risks.
- Player and Parent acknowledge that this Release has legal consequences and will affect his legal rights and ability to bring future legal actions; and that by signing this Release, they are relinquishing substantial legal rights, including but not limited to, the right to pursue claims or financial recovery for, among other things, acute and long-term injuries or illness incurred by Player while participating in the Activities, regardless of whether such injury or illness results from the inherent risks of the activity or from the negligence of Club or Academy.
Medical Treatment Consent:
- Player and Parent authorize Club’s medical/training staff, and any certified trainer or medical personnel contracted by Club (“Trainers”) to provide medical treatment, and to seek additional medical treatment as Trainers deem necessary. Player consents to any x-ray, anesthetic, diagnostics, medical or surgical treatment, or hospital care deemed emergent and necessary by a licensed healthcare provider resulting from or in connection with Player’s participation in the Activities.
- Player and Parent understand that this authorization is given in advance of any specific diagnosis, treatment, or hospital care, and that it is given to provide Trainers with authority to seek medical treatment as they judge necessary for Player.
- Player and Parent accept responsibility for payment of all services rendered; Player and Parent authorize any medical facility that renders services to release medical information necessary for the processing of insurance claims and for the Trainers to sign the required privacy waivers for the release of such information in connection with the processing of such claims; and Player and Parent authorize the payment of insurance claims directly to the medical facility. Player and Parent understand that the Trainers and Releasees will not be responsible for any costs associated with the above-referenced or foregoing medical treatment, and that such expenses will be borne and covered by Player/Parent or their medical benefits provider, travel insurer, or other representative of Player.
- Player and Parent acknowledge and understand that Parent is permitted to be in attendance at any time Player may be receiving any manual, massage therapy (“Massage”); and that any medical professional or licensed therapist providing or performing such Massage on Player must abide by and follow the restrictions and rules set forth in Club’s policy for the protection of its minor players (Club’s “Minors Protection Policy”).
Wearable Technology Consent:
- Player and Parent (i) understand and agree that Player may be offered access to Club or Academy-owned wearable technology, including but not limited to, GPS-based performance monitoring devices, which are designed to record and generate objective data on player performance (e.g. data relating to the player’s biological data, including but not limited to, heart rate, heart rate variability, skin temperature, blood oxygen, hydration, lactate, glucose, biometric data, or any derivative information from the foregoing) (“Wearable Data”); and (ii) consent to the collection and use of the Wearable Data, including but not limited to, in combination with Player’s Image or biographical information, by the Club or Academy for any purpose in connection with Academy without payment to Player.
- Player and Parent provide explicit consent for such collection and use each time Player wears technology that generates Wearable Data, or otherwise gives Academy or Club access to Wearable Data.
- Player and Parent agree that Academy owns all instances of Wearable Data.
- Player and Parent understand that (i) all data, materials, and instances of personal information provided to Academy or generated in connection with Wearable Data will remain property of Academy and (ii) precautions taken by Releasees cannot completely eliminate the risk of a data breach or other unauthorized or accidental or use, access, loss, alteration, disclosure, disposal, or other exploitation of Wearable Data. Player and Parent voluntarily assume all of these and other associated risks and, to the maximum extent permitted by law, accepts personal responsibility for any and all damages, liability, and other losses that he or any Releasor may incur in connection with the foregoing risk.
- Player and Parent (i) acknowledge and agree Player may be filmed, identified, photographed, televised, and may have his name, image, picture, likeness, voice, performance, and biographical information (collectively, his “Image”) captured, depicted, or recorded in connection with his participation in the Activities; and (ii) consents to the use of his Image by Club and its parents, subsidiaries, assignees, and licensees (including, but not limited to, broadcasters and commercial sponsors) at any time, for any purpose, and in any manner without payment to, or the additional consent or notification of Player or Parent.
- Without limiting the foregoing, Player and Parent expressly consent to the public posting of identifying information such as name, birth date, club affiliation, playing history, family history, and other information of interest to scouts and professional leagues and clubs, and expressly consent to the provision of such information to interested clubs.
- In the event of any dispute between Player and/or Parent and Club or Academy (i) regarding the meaning or interpretation of this Release or any matters relating to Player’s participation in the Activities, and (ii) where Player/Parent believe Club or Academy has acted capriciously or arbitrarily, the parties agree that such dispute will be finally and conclusively resolved by confidential arbitration in the State of Missouri under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) existing as of the date of this Release, to a single arbitrator, who will apply Missouri law to the dispute, regardless of any conflict of law principles.
- In the event Player or Parent commence arbitration to resolve any dispute as contemplated by this Section, Player/Parent will pay all fees and costs associated with the arbitration, including Club’s or Academy’s reasonable attorneys’ fees. In the event Player/Parent prevails on all of his claims in arbitration, Club or Academy will be responsible for its equal share of the arbitrator’s fees and costs as well as its own attorneys’ fees.
- Player and Parent will bear the burden on persuasion on all issues subject to arbitration. Player and Parent expressly waive any and all rights to bring a lawsuit in state or federal court against Club or Academy or to seek injunctive relief with respect to any dispute arising under this Release or any matter relating to Player’s participation in the Activities. All questions as to the meaning of this Release or as to the arbitrability of any dispute will be determined by the arbitrator, whose decision will be final and binding and will not be subject to judicial review. Judgement on any arbitration award may be entered by any court having jurisdiction.
- Player and Parent agree that all claims described in this Section must be pursued on an individual basis only. By signing this Release, Player and Parent hereby waive their rights to commence, or be a party to, any class or collective claims against Club or Academy.
- Player and Parent consent to conducting the actions and transactions related to this Release and the Activities and to providing and receiving any disclosures, notices, records, information or other forms of correspondence related to this Release and the Activities (“Communication”) by electronic means, such as via email or the Internet, and such consent applies until withdrawn by Player and Parent as further described below in the following paragraph. To the extent permitted by applicable law, and without limiting any other rights Club or Academy may have, Player and Parent consent to Club and Academy communicating with Player and Parent, in connection with this Release and the Activities, using any telephone number or email address that Player or Parent has provided to Club or Academy, or using any telephone number or email address that Player or Parent provides to Club or Academy in the future. Club and Academy may communicate with Player and Parent using any current or future means of communication, including, but not limited to, automated telephone dialing equipment, artificial or pre-recorded voice messages, SMS text messages, email directed to Player or Parent at a mobile telephone service, or email otherwise directed to Player or Parent. Club and Academy MAY USE SUCH MEANS OF COMMUNICATION EVEN IF PLAYER OR PARENT WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, OR EMAILS. Any Communication required to be given to Player and Parent will be effective if sent by first class mail to the latest address Club or Academy has for Player or Parent or, except as otherwise required by law, by electronic means to an address that Player or Parent provided to Club or Academy.
- Player and Parent acknowledge that Player and Parent have the right to receive Communication on paper or in other nonelectronic form, and that Player and Parent may request to receive specific Communication on paper or in other non-electronic form at any time, or may withdraw Player’s and Parent’s consent to receive Communication via electronic means at any time, at no fee or cost to Player or Parent; provided that a request for specific Communication on paper or in other non-electronic form will not be treated as a withdrawal of consent to receive Communication via electronic means unless Player and Parent also provide express notice of such withdrawal of consent in the manner set forth in this paragraph. If Player and Parent wish to receive specific Communication in paper form at any time, wish to withdraw Player’s and Parent’s consent to send and receive electronic Communication, or need to update Player’s or Parent’s electronic contact information (e.g., Player’s or Parent’s email account address), Player and Parent must provide notice to Club and Academy at P.O. Box 16620, St. Louis, MO 63105. Club and Academy will confirm in writing the withdrawal of Player’s and Parent’s consent to receive Communication via electronic means and the effective date of such withdrawal of consent, upon which date Club and Academy will cease to provide Communication via electronic means. If Player and Parent withdraw Player’s and Parent’s consent, all further Communication will be provided to Player and Parent in non-electronic form via U.S. mail, at no additional cost to Player or Parent. Player and Parent acknowledge that to access, view and retain Communications provided to Player and Parent electronically, Player and Parent must have: (1) access to the Internet through means of a computer, tablet, mobile telephone, or other electronic device capable of receiving, accessing, displaying, printing and storing Communication received in electronic form using an Internet browser or other electronic communication application, (2) sufficient electronic storage capacity on Player’s and Parent’s computer hard drive or other data storage unit, and (3) a PDF reader (or equivalent software) to download and print certain Communications. Player and Parent acknowledge that Club and Academy reserve the right to revise the hardware and software requirements set forth in this paragraph in a manner consistent with the E-Sign Act (15 U.S.C. § 7001 et seq.) and other relevant federal laws.
- Player and Parent understand that Club and Academy may provide an email address to which Player and Parent can transmit certain questions or comments for Club and Academy about this Release and the Activities; however, because such email transmissions may not be secure or confidential, Player and Parent will not transmit any confidential information to such email address, including, for example, any personal information about Player or Parent. For transmission of any such confidential information, Player and Parent will use only secure methods, such as U.S. mail, hand delivery by Player and Parent or electronic communication methods offered by Club and Academy that are expressly represented to be used for confidential communication transmissions
Player Acknowledgments: Player and Parent acknowledge that the following statements are true and accurate, and that no Releasees can be held responsible in any way if they are not:
- Player and Parent have consulted with Player’s own doctor to ensure that his participation in the Activities will not pose any unusual risks to his health and well-being;
- Player is in good condition physically and has not been advised or cautioned against participation in the Activities by his doctor or any other medical practitioner;
- Player is covered by medical insurance; and
- Player and Parent authorize Releasees to secure emergency medical care and transportation when deemed necessary by Trainers, at the sole cost of Player/Parent.
Indemnification: Player and Parent agree to indemnify and hold the Releasees harmless from any liability, claims, demands, costs, expenses, and attorneys’ fees incurred by any of the Releasees as a result of (i) Player, or anyone on Player’s behalf, including Parent or Releasors, asserting any claims arising from, relating to, or in connection with activities for which Player and Parent have acknowledged and assumed risk under, and/or which are covered by this Release; and (ii) all claims and amounts related to legal and other actions brought against any of the Releasees, to the extent such claims are attributable to the gross negligence or willful misconduct of Player, or a violation or breach of this Release.
Governing Law: This Release and any dispute or claim arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to the principles of conflicts of laws.
Severability: If any of the terms set forth in this Release are deemed to be invalid, illegal, unethical, or unenforceable, this will not affect the legality, validity, or enforceability of the remaining terms of the Release, which will remain in full force and effect. Only those terms deemed to be illegal, unenforceable, unethical, or invalid will be deemed not to be part of this Release.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE
WHICH MAY BE ENFORCED BY THE PARTIES
Player and parent each agree (and, by its acceptance of this release, Club and Academy each agree) that this transaction may be conducted by electronic means and that player's and/or parent's electronic signature included in this release (if applicable) is intended to authenticate this writing and to have the same force and effect as a manual signature. "Electronic signature" means any electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a party with the intent to sign such record, including, without limitation, clickwrap, digital, facsimile or e-mail electronic signatures.
By their signature, Player and Parent acknowledge and agree they have carefully read and understand the terms, conditions, and legal effects of this Release; were given and have had the opportunity to seek legal advice regarding this Release from an attorney; Parent has the authority to co-sign and confirm consent on behalf of Player; and Player and Parent voluntarily accept the terms of this Release.