2022-23 Waiver & Covid-19 Warning and Disclaimer
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. Read this document carefully and in entirety. By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any personal injury to you or the participant or property damage however caused arising out of your participation in Ascension Lacrosse Leagues, now or at any time in the future.
Acknowledgment of Risk for Minors and Adults 18+
I hereby acknowledge and agree that participation in the Ascension Lacrosse League comes with inherent risks. I, in my legal capacity as the parent/guardian of the minor named below or as the actual participant, have full knowledge and understanding of the inherent risks associated with Ascension Lacrosse League participation, including but in no way limited to: (1) slips, trips, and falls, (3) athletic injuries, and (4) illness, including exposure to and infection with viruses or bacteria. I further acknowledge that the preceding list is not inclusive of all possible risks associated with Ascension Lacrosse League participation and that said list in no way limits the operation of this Agreement.
Coronavirus / COVID-19 Warning & Disclaimer
Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a mean to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in the Ascension Lacrosse League or accessing the facilities could increase the risk of contracting COVID-19. Ascension Lacrosse LLC in no way warrants that COVID-19 infection will not occur through participation in the Ascension Lacrosse League or of accessing the facilities.
Waiver, Release, Indemnification & Covenant Not to Sue
In consideration of my participation in the Ascension Lacrosse League by signing below for the undersigned participant or self, agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE Ascension Lacrosse LLC, its owners, officers, directors, employees, volunteers, agents, representatives and insurers (“Releasees”) from any causes of action, claims, or demands of any nature whatsoever including, but in no way limited to, claims of negligence, which I, my heirs, representatives, executors, administrators and assigns may have, now or in the future, against Ascension Lacrosse LLC on account of personal injury, property damage, death or accident of any kind, arising out of or in any way related to the use of facilities/equipment or participation in Ascension Lacrosse League whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to the negligence of Releasees.
In consideration of my participation in the Ascension Lacrosse League. I, the undersigned participant, agree to INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to my Ascension Lacrosse League participation. I hereby certify that I have full knowledge of the nature and extent of the risks inherent in Ascension Lacrosse League participation and that I am voluntarily assuming said risks. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, or death, I or my child(ren) sustain while participating in the Ascension Lacrosse League and that by signing this agreement I HEREBY RELEASE Releasees from all liability for such loss, damage, or death.
I further certify that I am in good health and that I have no conditions or impairments which would preclude my or my child’s safe participation in the Ascension Lacrosse League. I further certify that I am of lawful age and otherwise legally competent to sign this agreement. I further understand that the terms of this agreement are legally binding and certify that I am signing this agreement, after having carefully read it, of my own free will.
Notice is Given
Athletic Performance Incorporated (API) its employees, agents, officers, directors, members, managers, participants, operators, and sponsors shall not be responsible directly or indirectly for the activities of the persons using this facility.
Voluntary Participations and Assumptions of Risk
All persons are informed and made aware that sports and physical activities may be inherently hazardous activities and participants in API activities, or undersigned individuals on behalf of a group or event, are voluntarily participating in these types of activities at API with full knowledge of the dangers involved in such participation. The participants and/or undersigned individual as agent of the participants agrees to accept any and all risks of property damage, personal injury, or death that results in the participation in API activities and the use of the API facility by the participant or their child or ward now or in the future. The participants and/or undersigned individual as agent of the participants hereby release the named parties from any present or future claims, including active or passive negligence, for property damage, personal injury, or wrongful death arising from the use of the API facility or participation in activities at the API facility.
Covenant Not to Sue
The participants by use of the facilities themselves, or on behalf of their children and wards, are notified, understand, and agree that they will not make a claim against, attach the property of, or sue the parties being released, for injury, damage, or death resulting from the active or passive negligence, or other acts, howsoever caused, by any employee, agent, or contractor of API as a result of the participation of the participant or the participant’s child or ward in any activity in the API facility.
Indemnity Agreement
The participants and/or undersigned individual on behalf of the group or event renting the API facility agrees to indemnify and defend the released parties against, and hold them harmless from, any and all claims, causes of action, damages, judgments, costs and expenses including attorney fees which in any way arise from the use of or presence at API of the participant or the participant’s children or wards including without limitation the active or passive negligence, if any, of API and other parties.
Hold Harmless
The participants or the participant's child or ward shall defend, indemnify, and hold API, its officers, employees, and agents harmless from and against any and all liability, loss, expense, including reasonable attorney fees, or claims for injury or damages arising out of the performance of this Agreement in proportion to and to the extent that such liability, loss, expense, attorney fees or claims for injury or damages are caused by the result from the negligent or intentional acts or omissions of API, its officers, agents or employees.
Waiver for Promotion
I hereby grant Athletic Performance, Inc. the right to use at any time or times hereafter, for public relations, marketing, and/or informational purposes, my name and my likeness (whether photographs, written descriptions, videotapes, copies, or reproductions). I understand that the promotional materials could be a cablecast, print advertisement, written promotional article, and/or broadcast to the public in the manner that API deems proper. I realize that I will not be paid for granting this right or for appearing in these materials.
Privacy Policy
API is committed to respecting our users’ privacy and security. However, we do collect and use various bits of information about you through use of this waiver, to better meet your needs as an API customer or patron: 1. Personal data – (name, email address etc.) through which it is possible to identify you. You will always know when this data is being collected and it will only be used for specific purposes to which you have consented. 2. Aggregated Statistical Data – all other non-personal information that relates purely to generic statistics such as traffic flow and demographics. It is not possible to identify you through this data.
COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Athletic Performance, Inc. has put in place preventative measures to reduce the spread of COVID-19; however, the company cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending team practices, league/tournament games, instructional programs, camps, birthday parties or other API programs could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending team practices, league/tournament games, instructional programs, camps, birthday parties or other API programs 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 Athletic Performance, Inc. facilities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Athletic Performance, Inc. employees, volunteers, and program participants and their families.
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 my child(ren)’s attendance at Athletic Performance, Inc. or participation in team practices, league/tournament games, instructional programs, camps birthday parties or other API programs (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Athletic Performance, Inc., its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Athletic Performance, Inc., its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any team practice, league/tournament games, instructional programs, camps, birthday parties or other API programs.
Read and Understood
By submitting waiver, I acknowledge that I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability, and agreement to assume risk, and agreement to indemnify the released parties, and an agreement to pay for damages that willfully, negligently, or otherwise causes to the released parties. I am aware that this document creates legal obligations owed to the released parties and that I submit this waiver of my own free will.
