There are certain inherent risks associated with participating in sports and/or athletic training that cannot be eliminated. These risks include, but are certainly not limited to: (1) minor injuries such as scratches, cuts, bruises and strains; and (2) major injuries such as injuries to the eyes, infection, loss of sight, joint injuries, back injuries, heart attacks, concussions, paralysis and even death. Also included in these risks are the same or similar injuries that might result from using training equipment, actual use of a Eield or training facilities, the acts of others or from the unavailability of emergency staff or emergency medical care (hereinafter we shall deEine all of these risks and potential injuries as “Risks”). All of these Risks will be present in the activities that you and/or your minor will be participating in at City Athletics Community Partners Athletics (the “Activities”). HAVING READ THIS PARAGRAPH and having an appreciation for and an UNDERSTANDING OF THESE RISKS, you hereby afEirm that you and/or your minor’s participation in these Activities is voluntary and that you agree on behalf or yourself or your minor to all of the following:
1. ASSUMPTION OF RISK I, on behalf of myself and/or my minor, ASSUME ALL OF THE RISKS THAT MAY OR CAN ARISE OUT OF PARTICIPATING IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE ATHLETIC ACTIVITY ITSELF, USE OF THE EQUIPMENT, FIELD OR FACILITIES, THE ACTS OF OTHERS OR THE UNAVAILABILITY OF EMERGENCY CARE, as
well as those Risks described in the preceding paragraph.
2. INDEMNITY/HOLD HARMLESS I, on behalf of myself and/or my minor and/or our heirs, personal representatives and/or assigns, also agree to indemnify and hold City Athletics Community Partners Athletics, as well as their afEiliates, parents, subsidiaries, assigns, partners, attorneys, members, employees, independent contractors, shareholders, ofEicers, directors, and agents or any producers, investors, cast members or any other person or entity associated in any way with the ownership, operation or afEiliation with recreational facilities and the creation, production or distribution of City Athletics Community Partners Athletics-related marketing content on any City Athletics Community Partners Athletics-owned website, harmless from any and all claims, causes of actions, lawsuits, arbitrations or proceedings as well as from any expenses, judgments, costs, fees, damages, expenses and/or liabilities, including attorneys’ fees incurred in defending or prosecuting any such claims brought against City Athletics Community Partners Athletics as the result of my or my minor’s participation in the Activities. I hereby allow City Athletics Community Partners Athletics to use my or my minor’s image or likeness without current or future compensation for marketing purposes related to City Athletics Community Partners Athletics.
3. RELEASE/WAIVER In consideration for being permitted to participate in the Activities, I, on behalf of myself and/or my minor and/or our heirs, personal representatives and assigns HEREBY RELEASE, WAIVE AND DISCHARGE City Athletics Community Partners Athletics from any and all liability associated with or related to my or my minor’s participation in the Activities and agree NOT TO SUE City Athletics Community Partners Athletics for any reason resulting from or associated with my or my minor’s participation in the Activities. This waiver and release is intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown or anticipated or unanticipated, which are in any way related to or associated with the Activities.
4. NO INSURANCE I, on behalf of myself and/or my minor, acknowledge that City Athletics Community Partners Athletics does not carry insurance on behalf of myself or my minor.
5. LEGAL RIGHTS I, on behalf or myself and/or my minor, understand and acknowledge that I/we are surrendering valuable legal rights in this agreement.
6. SEVERABILITY I, on behalf or myself and/or my minor, understand and expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the State for which it is used and that if any portion of this agreement is held invalid, it is agreed that the balance of the agreement shall continue in full force and effect and that whatever portion is held invalid shall be interpreted and construed to afford as much protection to City Athletics Community Partners Athletics as permitted by the applicable law.
7. PHOTOGRAPH/ IMAGE RELEASE
I as a parent/legal guardian of a participant who is under the age of 18 hereby give City Athletics permission to take photographs of my child during their participation in City Athletics events and activities. I understand that these photographs may be used by City Athletics for promotional purposes, including but not limited to, brochures, websites, social media, and other marketing materials. I acknowledge that my child's participation in City Athletics events and activities is voluntary and that I have read and understand the terms of this waiver and consent form. I further acknowledge that I am giving my consent freely and voluntarily, without any duress or coercion. I understand that City Athletics will make every effort to ensure that the photographs taken of my child are appropriate and respectful. I also understand that City Athletics cannot be held responsible for any unauthorized use of the photographs by third parties. I hereby release, discharge, and hold harmless City Athletics, its ofEicers, directors, employees, and agents from any and all claims, damages, or liability arising out of the taking and use of the photographs of my child. I have read this waiver and consent form, and I fully understand its contents. I am aware that by
signing this form, I am giving up certain legal rights that I or my child may have. I sign this form freely and voluntarily, without any reservation or limitation.