Participation in City Athletics, Incorporated (“City Athletics”) programming requires acceptance of the following. Should you withdraw and return at a later date, the following waiver and releases remain applicable during your absence and continue upon your return.
City Athletics, Incorporated (hereafter referred to as “City Athletics”) is a company that provides opportunities for both youth and adult sports and fitness activity participation. Opportunities include league and tournament play; individual and group practice; pick-up games; gym rental; sports-themed birthday parties; and individual and group physical fitness activities, (collectively, “Activities”).
In consideration for gaining access to the City Athletics facility (the “Facility”) and engaging in the above stated Activities at the Facility, on behalf of myself, my spouse, my children, my legal wards, my parents, my heirs, assigns, personal representatives, estate, and insurers (collectively, including me, to the extent participating in or otherwise affected by the Activities, the “Participants”), I hereby release, indemnify, hold harmless, discharge and covenant not to sue City Athletics (the operator), Tioga PA Partners, LLC (the landlord), and their respective agents, owners, officers, shareholders, directors, members, affiliates, volunteers, participants, employees, insurers and all other persons or entities acting in any capacity on their behalf (collectively referred to as “City Athletics/Tioga Partners”), as follows:
Waiver
The Participant releases City Athletics/Tioga Partners and all of its agents, independent contractors, equipment suppliers, and members from any claims or responsibility for injuries suffered by the Participant in any Activities or events conducted at the Facility, whether occurring within or outside of the Facility. The Participant knowingly assumes all risks associated with participation, even if arising from negligence of the Participants or others, and assumes full responsibility for the Participant’s participation today and on all future dates.
Certification
The Participant certifies that: (i) the Participant is at least 18 years of age or has reached the age of majority in the jurisdiction in which it lives or resides and (ii) it is, or its child is, in good physical condition and can participate in sports and related activities, and further agrees and warrants that at any time the Participant believes conditions to be unsafe, the Participant will immediately discontinue further participation for itself or its child in the activity. If an emergency arises, the Participant authorizes the Facility’s staff to request and/or administer medical treatment to the Participant or its child, if and as necessary.
Assumption of Inherent Risks
The Participant for itself or its child understands that all activities of the Facility include inherent risks that cannot be totally eliminated regardless of the care taken by the Facility. The Participant acknowledges, understands, and appreciates the types of injuries inherent in the Facility’s activities, and hereby knowingly assumes all inherent risks of such activities. Furthermore, the Participant does hereby knowingly and voluntarily, fully and forever, waive, release, discharge and covenant not to sue the Facility for alleged liability from any and all claims arising from the ordinary negligence of the Facility and City Athletics/Tioga Partners.
Scope
This agreement applies to personal injury, including death, from the incidents or illnesses arising from participation in the Facility’s activities including, but not limited to recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests; classes and instruction; individual use of facilities, equipment, and all premises, or attendance at such activities whether or not as a participant, including the associated sidewalks and parking lots, and to any and all claims resulting from the damage to, loss of, or theft of property (the inclusive activities).
Indemnification
The Participant also agrees to hold harmless, defend, and indemnify the Facility and City Athletics/Tioga Partners that is, defend and pay any costs, including damages awarded, investigation costs, reasonable attorney’s fees, and related expenses from any and all claims arising from the Participant’s or its child’s participation in the activities at the Facility. The Participant further agrees to hold harmless, defend, and indemnify the Facility and City Athletics/Tioga Partners against any and all claims of co-participants, rescuers, and others arising from the conduct of the Participant or its child in such activities.
Clarifying Clauses
The Participant confirms that this waiver supersedes any and all previous oral or written promises or agreements relating to the subject matter herein. The Participant understands that this is the entire agreement between the Facility, City Athletics/Tioga Partners, and itself regarding waiver and acceptance of risk, and cannot be modified or changed in any way by representations or statements by any agent or employee of the Facility. The Participant understands the foregoing assumption of risk, waiver of liability, and indemnification agreement is intended to be as broad and inclusive as permitted by the laws of the State of Pennsylvania, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect, and if legal action is brought, the appropriate trial court for the County of Philadelphia, in the State of Pennsylvania, has the sole and exclusive jurisdiction and that only the substantive laws of the State of Pennsylvania, shall apply.
Acknowledgement and Understanding
The Participant acknowledges that it has read and understands this agreement. The Participant acknowledges and understands that it is giving up substantial rights, including the rights of the Participant to sue for damages in the event of death, injury, or loss. The Participant acknowledges that it is voluntarily agreeing to these terms, conditions, waivers, and releases and intends this agreement to be a complete release of all liability, including that due to ordinary negligence by City Athletics/Tioga Partners, to the greatest extent allowed by the laws of the State of Pennsylvania. Finally, the Participant takes full responsibility for knowing and abiding by the rules of the Facility and understands and acknowledges that if it does abide by the rules of the Facility, it risks being banned from the facility and having all of the monies paid forfeited.
Assumption of the Risk and Waiver of Liability Relating to 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.
City Athletics has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you, your children, family, or your guests who visit our facility will not become infected with COVID-19. Further, attending the facility could increase your risk, you, your child(ren)’s risk, and your family's risk of contracting COVID-19.
By signing this agreement, I the Participant, acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren), my family, and I may be exposed to or infected by COVID-19 by attending the facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I the Participant understand that the risk of becoming exposed to or infected by COVID-19 at the facility may result from the actions, omissions, or negligence of myself and others, including, but not limited to, City Athletics, its employees, volunteers, and program participants and their families.
I the Participant, voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), family, 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 the facility or participation in City Athletics programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless City Athletics/Tioga Partners, 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 City Athletics/Tioga Partners, whether a COVID-19 infection occurs before, during, or after participation in any City Athletics programs.
