THE SAND CLUB WAIVER
The Sand Club Academy Inc
WAIVER AND RELEASE, EXPRESS ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS AGREEMENT, COVID-19 ACCEPTANCE OF RISK AND GRANT OF RIGHTS
1. In full and complete consideration of my ability to participate in any present or future volleyball events, competitions and activities that are operated, organized, sanctioned by or associated with The Sand Club Academy, Inc. (“ORGANIZER”) and any affiliated training, learning, practicing, competing, spectating, and other associated activities (collectively the “EVENTS”) and/or in consideration of my being able to enter into or upon the premises and facilities and locations where said EVENTS are or will be taking place, I, for myself, and on behalf of my personal representatives, heirs, and next of kin (collectively “RELEASING PARTY”) hereby acknowledge and agree as follows:
WAIVER AND RELEASE AND MEDICAL CONSENT
2. RELEASING PARTY hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE ORGANIZER, any sponsors, advertisers, and organizers of the EVENTS, any other participants in the EVENTS, premises and facilities owners or lessors including the Gilbert School District, K4 Sports, LLC (DBA Victory Lane Sports Park) & KCCM Enterprises, LLC and each of their affiliated owners, parents, subsidiaries, licensees, shareholders, officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, affiliated organizations and entities, or any other persons assisting or participating in their activities, including the EVENTS (collectively the “RELEASEES”) FROM ALL LIABILITY OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FOR ANY AND ALL PRESENT OR FUTURE LOSS OR DAMAGE, AND ANY CLAIMS, LIENS, DEMANDS, CAUSES OF ACTION, debts, liabilities, expenses including court costs and attorneys fees, SUITS OR JUDGMENTS THEREFROM (collectively the “LIABILITY”) ON ACCOUNT OF ANY PERSONAL INJURY, PERMANENT DISABILITY, INJURY TO PERSONAL PROPERTY, OR RESULTING IN DEATH ARISING OUT OF OR RELATED TO THE EVENTS or RELEASING PARTY’s presence in or upon the premises and facilities and locations where the EVENTS are or will be taking place. This waiver and release includes, without limitation, premises liability and LIABILITY from any cause whatsoever, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES. Such LIABILITY encompasses, but is not limited to, participation as an active participant or as a spectator, NEGLIGENT RESCUE EFFORTS, and NEGLIGENT enforcement of (or the failure to enact or enforce) rules and regulations. It also encompasses LIABILITY concerning the NEGLIGENT selection, use, or maintenance of any equipment or facility related to the EVENTS.
3. COVID-19 Acceptance of Risk; Release; Indemnification. I am fully aware that there are a number of risks associated with me and/or my child or ward entering on the Mesquite Beach or Victory Lanes property, becoming a guest and/or participant during the COVID-19 pandemic under the circumstances, including without limitation: (a) I and/or my child or ward or our visitors could contract COVID-19 or other diseases such as the flu or legionnaires disease which could result in a serious medical condition requiring medical treatment in a hospital or could possibly lead to death; and (b) I and/or my child or ward or our visitors will be subject to normal risks associated with visiting Mesquite Beach or Victory Lanes such as physical injuries or even death or loss or damage to personal property, including without limitation, from slips or falls, physical or verbal altercations with other guests at Mesquite Beach or Victory Lanes, terrorist or other violence, theft or vandalism, auto accidents around Mesquite Beach or Victory Lanes, or fires or other disasters affecting Mesquite Beach or Victory Lanes. On behalf of myself and/or my child or ward and our heirs, successors and assigns, I knowingly and freely, assume all such risks, both known and unknown, relating to my and/or my child’s or ward’s attending Mesquite Beach or Victory Lanes as described above, and I hereby forever release, waive, relinquish, and discharge ORGANIZER and Gilbert School District, K4 Sports, LLC (DBA Victory Lane Sports Park) & KCCM
Enterprises, LLC, along with their officers, directors, managers, officials, trustees, agents, employees, or other representatives, and their successors and assigns from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, and other losses of any kind, whether known or unknown, foreseen or unforeseen, (collectively, “Damages”) as a result of me and/or my child or ward being a guest at EVENTS, including but not limited to those related to the above described personal Injuries, death, disease or property losses, or any other loss, and including but not limited to claims based on the alleged negligence of any ORGANIZER representative or any other person. I further promise not to sue the ORGANIZER and/or representatives, and agree to indemnify and hold them harmless from any and all damages resulting from my and/or my child or ward’s being a guest at Mesquite Beach.
4. RELEASING PARTY also specifically AUTHORIZES AND CONSENTS TO RELEASEES providing and/or arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the EVENTS or during the RELEASING PARTY’s presence in or upon the premises and facilities and locations where the EVENTS are or will be taking place. RELEASING PARTY expressly waives and releases and agrees to hold RELEASEES harmless from and against any and all LIABILITY arising there from.
EXPRESS ASSUMPTION OF THE RISK
5. RELEASING PARTY hereby acknowledges and understands that RELEASING PARTY’s participation in the EVENTS, including without limitation playing volleyball and engaging in physical exercise and activity, may be VERY DANGEROUS and could result in personal injury, death, and/or property damage. This agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with and inherent in the EVENTS, which include, but are not limited to, the risk of being struck by objects or equipment and/or making contact with or colliding with other participants, spectators, and natural or manmade objects. The EVENTS will include participants of all skill levels, including both experienced and amateur persons, and RELEASING PARTY expressly assumes the risks associated with mixed and varying skill levels. RELEASING PARTY further acknowledges and understands that there may be undefined and presently unknown risks and dangers associated with the EVENTS and that there may be risks and dangers that may result from the NEGLIGENCE of the RELEASEES, including, without limitation, in providing instruction or guidance, and in the operation or design or maintenance of the premises and facilities and locations where the EVENTS are or will be taking place. Risks and danger may also result, without limitation, in the selection, use, or maintenance of any equipment or facility or service related to the EVENTS. RELEASING PARTY hereby expressly assumes all such risks and dangers whether presently known or unknown.
INDEMNITY AND HOLD HARMLESS
6. RELEASING PARTY hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the RELEASEES from any LIABILITY, including from court costs and attorneys fees, arising out of or related to this agreement or RELEASING PARTY’s participation in any way in the EVENTS and/or RELEASING PARTY’s presence in or upon the premises and facilities where the EVENTS are or will be taking place. RELEASING PARTY also hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the RELEASEES from any LIABILITY, including from court costs and attorneys fees, caused by or arising out of any statement, action or failure to act by me during or in connection with RELEASING PARTY’s participation in the EVENTS, and/or arising out or RELEASING PARTY’s tortious or criminal conduct.
GRANT OF RIGHTS
7. RELEASING PARTY grants to ORGANIZER, and its successors, licensees and assigns, the irrevocable right (but not the obligation) to film, tape and/or photograph, record, exhibit, edit and otherwise use my name, likeness, voice, conversation, sounds and biographical data on or in connection with the EVENTS in any manner in its sole election and sole discretion. ORGANIZER may use such materials to promote future events. ORGANIZER, and its successors, licensees and assigns, shall be the owner of all rights to said materials, and may use or license the results and proceeds of such materials in all media throughout the world in perpetuity as part of any programming and in the advertising and promotion thereof without limitation or liability. ORGANIZER may display name of RELEASING PARTY on organizers web site.
8.RELEASING PARTY agrees and understands that this agreement shall be deemed entered into in Maricopa County, Arizona, and that it shall be governed by and interpreted under the laws of Arizona.
9. RELEASING PARTY represents and warrants that he/she is at least eighteen (18) years of age and has the full, complete and unrestricted right, power and authority to enter into this agreement, to waive and release all matters stated therein, expressly assume all risks and dangers associated with the EVENTS, agree to indemnify the RELEASEES as stated herein, and the grants the rights set forth herein.
10. PARENT / GUARDIAN WAIVER FOR MINORS (Under 18 years old) The undersigned parent and/or natural guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.
11. RELEASING PARTY HAS READ THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT THIS IS AN IMPORTANT LEGAL DOCUMENT. RELEASING PARTY FURTHER UNDERSTANDS THAT BY SIGNING THE AGREEMENT HE/SHE IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHTS OF HIS/HER FAMILY. RELEASING PARTY SIGNS THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO HIM/HER AND RELEASING PARTY INTENDS HIS/HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. RELEASING PARTY further agrees that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made to him. RELEASING PARTY was given ample opportunity to read the agreement and/or have it reviewed by legal counsel of his/her choice. RELEASING PARTY was also offered a copy of this agreement.
PLAYER AND/OR LEGAL GUARDIAN MUST AGREE AND ACCEPT ALL OF THE ABOVE IN ORDER TO PARTICIPATE IN ANY EVENTS, TRAINING, CLINICS, AND TOURNAMENTS RUN BY THE SAND CLUB.