THIS DOCUMENT IS A RELEASE AND WAIVER OF LIABILITY BY YOU ON BEHALF OF BOTH YOURSELF AND YOUR CHILD(REN), AN ASSUMPTION OF RISK BY YOU ON BEHALF OF BOTH YOURSELF AND YOUR CHILD(REN) AND AN INDEMNITY BY YOU PERSONALLY ON YOUR OWN BEHALF (this “Waiver”). IT IS A LEGALLY BINDING EXPRESS STATEMENT THAT YOU ON BEHALF OF BOTH YOURSELF AND YOUR CHILD(REN) ASSUME MANY RISKS AND RELEASE AND WAIVE LIABILITY THAT YOU, YOUR CHILD(REN), OR YOUR CHILD’S FAMILY OR HEIRS MIGHT HAVE AGAINST THE EVENT SPONSORS AND/OR THE OWNER OF THE PROPERTY ON WHICH THE EVENT WILL TAKE PLACE AND THAT YOU PERSONALLY ON YOUR OWN BEHALF INDEMNIFY THOSE SPONSORS AND OWNER IF ANY PARTY MAKES ANY CLAIM FOR SUCH LIABILITY.
Please read this Waiver carefully in its entirety prior to checking off that you agree.
In consideration of all Participants being permitted to participate in the 5 towns flag football league and all related activities (the “ Event”), including, but not limited to, any and all activities at north Woodmere field nd all activities related thereto at the above-mentioned Event Site all of which may necessarily include regular close physical contact with and proximity to other individuals and employees and consultants of the 5 towns flag football league I hereby for all Participants, including myself, and for each of our current or future spouses, children, heirs, and personal representatives acknowledge that Participants would not be allowed to participate in the Event if I did not carefully review, approve and sign this Waiver, and I therefore agree to the following terms and conditions:
1. I hereby represent and warrant that I am a custodial parent of all of the Children referenced above with the full power and authority to enter into this Waiver on behalf of myself and all Child(ren).
2. On behalf of Participants, including the child participants, and each of the Participants’ parents, including myself, and each of our current or future spouses, children, heirs, and personal representatives, I hereby forever release, waive and discharge 5 towns flag football and each of their respective parent entities, subsidiaries, affiliates, related companies, sponsors, predecessors, successors, current and former agents, partners, officers, members, managers, directors, insurers, attorneys, employees, volunteers, representatives, and assigns (collectively, the “Event Sponsors”) from any and all liabilities, claims, demands, and causes of action arising from or relating to any personal injury (physical or mental), illness, permanent disability or death that Participants suffers at the Event or while Participants are at, nearby or traveling to or from the Event Site.
3. The personal injury (physical or mental), illness, permanent disability or death mentioned above could be caused by or include, but is not limited to, the contracting of contagious diseases, including COVID-19, and all related adverse health consequences. These consequences could include, permanent health impairment, even upon recovery from such disease because such permanent health impairment has been found in many cases of patients who recover fully from the direct infection, and they could G-D forbid include death. I acknowledge the contagious nature of COVID-19 and that attending 5 towns flag football league and the Event carries with it certain inherent risks related to COVID-19 transmission since the Child will be in close proximity with other individuals due to the nature of 5 towns flag football and the Event. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any such injuries to the full extent permitted by applicable law.
5. I have carefully and fully reviewed the description of the Activities and have investigated the Event Site and reviewed any and all medical information regarding contagious diseases to my full satisfaction, or have had the opportunity to and chosen not to do so. I understand that the Activities and the associated physical interactions and close proximity which they may entail are inherently dangerous and that Participants will risk serious injury, contracting of COVID-19 or other contagious diseases (and the potential lifelong associated physical or psychological impairments) or death by participating in the Activities and that Participants participation in the Activities is entirely voluntary. I further understand that many risks of participating in the Activities cannot be foreseen and that neither the Event Sponsors nor the Property Owner can possibly take steps to eliminate these risks because they are beyond the control of the Event Sponsors and the Property Owner. I have investigated the steps that Event Sponsors and the Property Owner have taken to mitigate these risks, including but not limited to those delineated in the Safety plan, and am fully satisfied with those steps. I have had an opportunity to ask any question that I have wanted to ask with regard to the Event, the Event Site, the Activities and the risks involved in any of them, and I am fully satisfied with the answers that I received. I know, understand and appreciate these and all other risks that are inherent in Participants’ participation in the Activities, and I hereby for myself and Participants personally assume all such risks, whether foreseen or unforeseen.
6. I hereby agree, personally, to fully indemnify and hold harmless the Event Sponsors and the Property Owner from any and all claims, actions, suits, medical expenses, costs, losses, expenses, damages, and liabilities, including all reasonable attorneys’ fees (both in defending against claims by other parties and in enforcing this indemnity) and costs, incurred, brought, or threatened against the Event Sponsors or the Property Owner in connection with Participants’ participation in the Activities, except only to the narrowest extent legally permissible that such indemnification is void as against public policy, in which case this indemnity shall be deemed and construed not to cover any liability to the extent, but only to the extent, that my indemnity for it would be void as against public policy.
7. I hereby agree for Participants, for Participants’ parents, including myself, and for each of our current or future spouses, children, heirs, and personal representatives not to sue or institute any lawsuit or any other proceeding against the Event Sponsors or the Property Owner or any other party in connection with Participants’ participation in the Activities or any matters released or rights waived in this Waiver.
8. To the extent that the Event Sponsors or the Property Owner or any other party is found to be liable in connection with Participants’ participation in the Activities, the damages, if any, caused by the actions underlying such liability will be difficult or impossible to assess, and a reasonable estimate of such damages, which include health-care co-payments and deductibles and other related expenses, is $5,000, and, upon a finding of liability of the Event Sponsors or the Property Owner or any other party in connection with Participants’ participation in the Activities, the damages related to or arising out of such liability for all of such parties, regardless of the claims on which it is based, shall be fixed at an aggregate total of $5,000.
9. This Waiver is the entire agreement between the Event Sponsors and Property Owner, on the one hand, and me, on the other hand relating to its subject matter. This Waiver may not be amended, modified or terminated, except by a written instrument signed by me and on behalf of each of the Event Sponsors and the Property Owner; therefore, I understand that it may not be amended, modified or terminated in any conversation that I have with any personnel of the Event Sponsors or the Property Owner.
10. I agree that this Waiver is intended to be as broad and inclusive as permitted by the laws of the state in which the Event takes place. I agree that if any clause or provision of this Waiver, or any portion thereof, shall be held invalid by any court, the invalidity of such clause or provision, or portion thereof, shall not otherwise affect the remaining clauses or provisions of this Waiver, or the valid portions of such clause or provision, as may be applicable, which shall continue to be enforceable, and I specifically direct any such court to amend or revise this Waiver so that the intention of the parties to eliminate or reduce the liability of the Event Sponsors and the Property Owner is realized to the fullest extent legally permissible.
I understand that this Waiver is a binding legal document, I have been advised to consult with an attorney before signing it, I have had an opportunity to consult with an attorney and consulted with such attorney if I so desired.