IN CONSIDERATION OF my child/ward, being allowed to participate in any way at Sealy Soccer Factory, LLC d/b/a Sealy Soccer Factory (“Sealy Soccer Factory” or “Released Party”) in the sports, sports training, exercise, and fitness related events and activities occurring on the premises of Sealy Soccer Factory located at 145 Rose Lane, Frisco, Texas 75034 (the “Activities”), the undersigned acknowledges, appreciates, and agrees that:
The risk of injury to my child/ward from the activities involved in these programs is significant, including the potential for permanent disability and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist.
1) FOR MYSELF, SPOUSE, AND CHILD/WARD, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTY or others, and assume full responsibility for my child's/ward’s participation.
2) I willingly agree to comply with Sealy Soccer Factory’s stated and customary terms and conditions for participation. If I observe any unusual significant concern in my child's/ward’s readiness for participation and/or in the program itself, I will remove my child/ward from the participation and bring such attention of the nearest official immediately. This Minor Waiver/Release does not include a term or time restriction and continues in perpetuity in full force and effect.
3) I for myself, my spouse, my child/ward, and on behalf of my/our heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Sealy Soccer Factory, its members, directors, officers, officials, agents, employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property incident to my child's/ward’s involvement or participation in these programs, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTY OR OTHERWISE, to the fullest extent permitted by law.
4) I UNDERSTAND AND ACKNOWLEDGE that the Activities in which my child/ward engages in are voluntary and bear certain anticipated and unanticipated risk which could result in injury, death, illness, disease, and/or physical or mental damage to my child/ward, other persons and property. These risks include:
All risks inherent in the Activities, including risk of injury or damage to my child/ward and property, death, dismemberment, disfigurement, and partial or total destruction of property;
The acts, omissions, negligence, or fault in any degree of Sealy Soccer Factory;
Latent or apparent defects or conditions located at the premises of Sealy Soccer Factory, equipment or property supplied by Sealy Soccer Factory or other persons or entities at Sealy Soccer Factory;
The condition of any exercise equipment, exercise machines, and property located at Sealy Soccer Factory;
My child’s/ward’s own acts and omissions, as well as my child’s/ward’s physical condition and skill level, the acts or omissions of Sealy Soccer Factory, and the acts or omissions of other persons engaging in the Activities; and
First aid, emergency treatment, or other services rendered by Sealy Soccer Factory or others.
5) I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and that other risk, known or unknown, identified or unidentified, anticipated or unanticipated, whether incurred during the course of any of the Activities, or otherwise at Sealy Soccer Factory, could also result in injury, death, illness, disease, or damage to my child/ward, other persons, and property.
6) I agree to indemnify and hold harmless Sealy Soccer Factory including, but not limited to its members, directors, officers, officials, agents, employees and volunteers harmless from and against any and all suits of any nature or kind caused by, resulting from or in any way connected with the Activities conducted on Sealy Soccer Factory’s premises whether or not caused by the active or passive negligence or other fault of Sealy Soccer Factory.
7) I UNDERSTAND AND ACKNOWLEDGE that no major medical or accident insurance benefits will be provided to me or my child/ward while engaging in any of the Activities. I certify that myself and my child/ward have sufficient health, accident, and personal liability insurance to cover any bodily injury or property damage that myself or my child/ward may incur while participating in the Activities, and to cover bodily injury or property damage caused to another party as a result of my child’s/ward’s participation in the Activities. If I or my child/ward have no such insurance, I certify that I or my child/ward am capable of personally paying for any and all such expenses and liability. I understand and acknowledge that the Activities require significant physical exertion and require my child/ward to be in a healthy physical condition sufficient to handle the physical exertion required for the Activities. I acknowledge and agree that Sealy Soccer Factory shall have no obligation to judge or determine my child’s/ward’s physical condition or ability to handle the physical requirements of the Activities. I FURTHER ACKNOWLEDGE that my child/ward is in good physical and mental health, and is not suffering from any condition, diseases or disablement that would or could potentially affect my child’s/ward’s participation in the Activities.
8) I, for myself, my spouse, my child/ward, and on behalf of my/our heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS the above Released Party from any and all liabilities incident to my child’s/ward’s involvement or participation in these programs and Activities, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTY, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
RELEASE OF LIABILITY FOR MINOR PARTICIPANTS- READ BEFORE SIGNING
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