PARTICIPANT WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
The individual named on the signature page hereto (referred to as “I” or “me“) and, if applicable, my parent or other legal guardian identified on such signature page, desires to participate in to attend and/or participate in certain experience(s), training(s), event(s) and/or other activities described on Exhibit A attached hereto or as otherwise mutually agreed by me and Georges Ba Soccer, LLC, a California limited liability company (the “Company” and, such events, the “Events”), including any and all services provided or offered by the Company in connection therewith, including, without limitation and as applicable, any and all arrangements made by the Company with respect to: (i) the booking of any related travel, hospitality, transportation and other related accommodations; (ii) the preparation or provision of any meals, food, beverage and/or other consumables; and (iii) my participation in any recreational, leisure, athletic or entertainment activities, which activities and services may take place concurrently with, before, during or after the related Event anywhere in the world (each, an “Activity” and collectively, the “Activities“). In consideration of being permitted by the Company to participate in the Activity and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged hereby, and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this Participant Waiver, Release of Liability and Indemnification Agreement (this “Agreement“).
- I am aware and understand that the Event and related Activities are potentially dangerous activities and involve the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I am also aware of the contagious nature of bacterial and viral diseases, and the risk that I may be exposed to or contract such diseases by participating in the Event and engaging in the Activities, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that the Company cannot guarantee that I will not be injured or become infected with any such infectious diseases while participating in the Event and engaging in the Activities, and that participating in the Event and engaging in the Activities may increase my risk of contracting such diseases. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE EVENT AND ENGAGING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
- I hereby expressly waive and release on behalf of myself and, to the extent applicable, on behalf of my parents, grandparents, spouse, domestic partner, children, and each of the foregoing’s respective estates, heirs, assigns, executors, and administrators (collectively, the “Releasors”) any and all claims, now known or hereafter known, against the Company and its officers, directors, managers, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees“) for any claim, injury, illness, damage, loss or harm to any Releasor or the property of any Releasor, or death or disability of any Releasor, on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss resulting or arising out of or in any way related to my participation in the Event or engagement in the Activities, or the services of the Company (or any third party arranged or contracted by the Company) provided in preparation therefor or in connection therewith. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to any claims that California law does not permit to be released by agreement.
- I hereby further waive and release, on behalf of, any and all rights and benefits to which the Releasors may have under any statute or common law principle of any jurisdiction which provides, generally, that a general release does not extend to claims which a creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Without limiting the foregoing, I, on behalf of myself and the other Releasors, expressly waive any and all rights and benefits conferred by the provisions of Section 1542 of the California Civil Code (“Section 1542”) and by any similar provision of the applicable laws of any other jurisdiction, and expressly consent that the release in this Section 3 shall be given full force and effect according to each of its express terms, including, but not limited to those relating to unknown or unsuspected claims. Section 1542 states in full:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
I, on behalf of myself and all other Releasors, acknowledge that each such Releasor may hereafter discover facts in addition to or different from those which such Releasor now knows or believes to be true with respect to the subject matter hereunder, but it is such Releasor’s intention to fully and finally and forever settle and release any and all matters, disputes and differences, known or unknown, suspected and unsuspected, which do now exist, may exist or heretofore have existed between any Releasor and any Releasee with respect to the subject matter hereunder. In furtherance of this intention, the releases herein shall be and remain in effect as full and complete general releases notwithstanding the discovery or existence of any such additional or different facts. I, on behalf of myself and all other Releasors, further covenant and agree that each such Releasor has not heretofore sold, transferred, hypothecated, conveyed or assigned, and shall not hereafter sue any Releasor upon, any claim released hereunder, and that each Releasor shall indemnify and hold harmless the Releasees against any loss or liability on account of any actions brought by such Releasor or prosecuted on behalf of such Releasor and relating to any claim released hereunder.
- I confirm that I am: (a) in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Event and engage in the Activities; and (b) not experiencing symptoms of any infectious disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Event and the Activities while participating in the Event or engaging in the Activities. I will also follow all instructions, recommendations, and cautions of the Company at all times. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Event or engage in any Activity, I will immediately discontinue further participation in the Event or such Activity. I acknowledge that the Company is relying on these statements to allow me to participate in the Event and related Activities.
- I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Section 5, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees, arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Event or any Activity, including any claim related to my own negligence.
- I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Event or any Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on such treatment or other medical services.
- I hereby grant the Company the right to: (a) capture, photograph, and record my image, likeness (including, without limitation, aural and visual likenesses), voice, persona, statements, name, biographical information, physiological data, performance data, athletic statistics and accomplishments, and other data about me (via film, videotape, audiotape, digital media, athletic and nutrition based technology or otherwise) (collectively, my “Data”); (b) aggregate, analyze, transfer, store, edit, modify or otherwise process any resulting photographs, recordings, digital files or other media or materials, including my Data (the “Materials”); and (c) use and distribute my Data and Materials, in whole or in part, in any manner and in all media formats and channels now known or later developed, and for any purpose whatsoever at the sole discretion of the Company, including, but not limited to, analytical, research, promotional and publicity purposes, including in publications, marketing, and promotional materials, websites, databases, press releases, advertising media, research materials and studies, and any other works based on or incorporating the Materials (collectively, the “Media”), and to promote me to prospective recruiters, partners, and sponsors, in each case, without payment to, or additional review by or consent of me or any other person. I further understand that the Company will have no obligation to make any use of the Materials and that all rights granted herein are perpetual and fully sublicensable and assignable, to the fullest extent allowed by law. Further, to the fullest extent permitted by applicable law, I hereby waive, release, and discharge the Releasees from any and all claims the Releasors may now or later have (whether related to copyright, the right of privacy, right of publicity, performer rights, tort, contract, statute or otherwise) by reason of the use of the Materials by the Company or anyone else authorized by the Company. I understand that the Company has ownership of all rights in the Materials. I represent and warrant that I have all rights necessary to grant such permission as set forth herein and that no infringement or violation of any third party rights will result from the exercise of the rights and permissions granted under this Section 7.
- I understand that the Company is committed to providing a safe, healthy, and family-oriented environment for all participants and has established a policy to promote a travel environment free from drug and alcohol abuse. To that end, I understand and agree that (1) the use, abuse, or being under the influence of alcohol, illegal drugs, or other impairing substances, (2) the possession, sale, purchase, transfer, or transit of any illegal or unauthorized drug, including prescription medication that is not prescribed to the employee or drug-related paraphernalia, and (3) the illegal use or abuse of prescription drugs, in each case, while participating any Event or Activity, is expressly prohibited, that my participation in the Event and any Activities is conditioned on my compliance with such policy, and that the Company reserves the right to terminate my participation in the Event and any Activities in the event that I fail to comply with such policy. For the avoidance of doubt, I understand that the forgoing is not intended to prohibit any person of legal drinking age from using or consuming alcohol while participating in the Event or any Activity. Instead, if I choose to consume alcohol, I understand that I must do so responsibly and maintain my obligation to conduct myself properly, not engage in disruptive, disorderly or disrespectful behavior, physical abuse, or otherwise in a manner that would reasonably be expected to damage reputation of the Company, the Event, or any participant or other person, in each case, as determined by the Company in its sole discretion.
- I understand that I, and not the Company or any of its representatives, am solely responsible for any damage to, or theft or loss of, my valuables or any other property.
- I understand that the Company has provided to, and may in the future modify and/or supplement such rules and standards of conduct applicable to my participation in the Events and related Activities. I agree to abide by such rules, standards, and policies for the safety of all participants, guests, invitees, contractors, employees and other parties. Any consequences that come as a result of violating such rules and standards are at the discretion of the Company. I confirm that any and all forms, documents and reports delivered by me to the Company on, prior to or after the hereof are, or will be, accurate and complete.
- I acknowledge and agree that each Releasee is an express third-party beneficiary to this Agreement; provided, that no Releasee other than the Company may enforce this Agreement except at the direction of the Company. This Agreement shall not be construed as giving to any person, other than the Releasees, any legal or equitable right, remedy or claim under or in respect of this Agreement.
- This Agreement is made in addition to, and shall not serve to reduce or limit in any manner whatsoever any of the rights of the Company, or expand any of the obligations of the Company under any other agreement between me and the Company; provided, that, notwithstanding the foregoing, to the extent of any conflict between any term or provision of this Agreement and any term or provision of any other agreement relating to the Event, any Activities or otherwise in connection therewith that would reduce or limit the rights, or expand the obligations or liabilities of, the Company in relation to the matters contemplated hereby, the terms and provisions of this Agreement shall govern and control exclusively and the conflicting terms and provisions of such other agreement shall be of no force or effect. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Orange County, California, and I hereby consent to the exclusive jurisdiction of such courts.
BY CLICKING “ACCEPT”, I ACKNOWLEDGE THAT: (1) I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY; (2) I HAVE THE LEGAL AUTHORITY TO DELIVER THIS AGREEMENT ON BEHALF OF MYSELF AND THE PARTICIPANT IF APPLICABLE, KNOWING THAT I AM WAIVING THE ABILITY TO BRING CERTAIN CLAIMS AND TO SEEK CERTAIN REMEDIES ON BEHALF OF SUCH PARTIES; AND (3) I AM WAIVING THE RIGHTS OF SUCH PARTIES TO BRING CLAIMS IN COURT, AND THAT I AM ACCEPTING, ON BEHALF OF SUCH PARTIES, VARIOUS RISKS (KNOWN AND UNKNOWN), AND THAT I AM INTENTIONALLY WAIVING SUCH RIGHTS AND ACCEPTING SUCH RISKS BECAUSE I DESIRE WILL ATTEND AND/OR PARTICIPATE IN THE EVENT AND ACTIVITIES.
BY CLICKING “ACCEPT”, I ACKNOWLEDGE THAT: I am the parent or legal guardian of the minor PARTICIPANT IDENTIFIED HEREIN; AND (2) I have the legal right to consent and, by INDICATING MY ACCEPTANCE, I hereby consent and agree to the terms and conditions of this Agreement.